How to File a Winning Lemon Law Claim in New York and Get a Refund or Replacement Vehicle

Step-by-Step Guide to Filing a Claim

Buying or leasing a new car is an exciting experience, but what if your vehicle turns out to be defective? If your car keeps having problems despite repeated repair attempts, you may have a lemon on your hands. Fortunately, New York has strong consumer protection laws designed to help buyers in this situation.

The New York New Car Lemon Law (General Business Law, Section 198-a) and Used Car Lemon Law (General Business Law, Section 198-b) protect consumers who purchase or lease faulty vehicles that the manufacturer or dealer cannot fix. Under these laws, consumers may be entitled to a refund or replacement vehicle if their car meets specific conditions.

This guide walks you through the step-by-step process of filing a Lemon Law claim in New York, helping you understand the legal process, necessary documents, and what to expect.

Step 1: Determine If Your Car Qualifies as a Lemon

Before filing a claim, you must ensure your car meets the eligibility criteria under New York Lemon Law.

New Car Lemon Law Qualifications:

• Was purchased, leased, or transferred in New York or is currently registered in the state.
• Has a manufacturer’s warranty at the time of delivery.
• Developed a substantial defect within 24 months or 18,000 miles, whichever comes first.
• Has been repaired at least four times for the same issue without success OR has been out of service for at least 30 days due to repairs.
• Is primarily used for personal purposes (not business or commercial fleets).

Used Car Lemon Law Qualifications:

• Was purchased or leased from a registered used car dealer in New York.
• Has more than 18,000 miles but less than 100,000 miles at the time of sale.
• Comes with a dealer’s written warranty (length of coverage depends on mileage).
• Has a defect that substantially impairs its use or value and is not repaired after at least three repair attempts OR has been out of service for 15 days or more due to repairs.
• Is used primarily for personal purposes.

Certain vehicles are not covered under New York Lemon Laws, such as motorcycles, off-road vehicles, and vehicles used for business or commercial purposes.

Step 2: Report the Problem to the Manufacturer or Dealer

Once you identify that your vehicle meets the conditions of a lemon, your next step is to notify the manufacturer or dealer about the problem.

If you purchased a new car: Report the defect to the manufacturer’s authorized dealership immediately. If you notify the dealer, they must inform the manufacturer within seven days.

For a used car: Report the issue to the dealer and request repairs under the written warranty.

Make sure to keep all repair invoices, work orders, and any communication with the manufacturer or dealer, as these documents are crucial for your claim.

Step 3: Allow a Reasonable Number of Repair Attempts

New York Lemon Law gives manufacturers and dealers a reasonable chance to fix the problem before you can file a claim.

New cars:

• At least four repair attempts for the same issue OR 30 total days out of service.

Used cars:

• At least three repair attempts for the same issue OR 15 total days out of service.

Ensure you document every repair attempt and note the dates the car was in the shop. If the issue persists despite these attempts, you can proceed with filing a claim.

Step 4: Gather Supporting Documents for Your Claim

To file a strong Lemon Law claim, you need to present clear evidence. Gather the following documents:

• Vehicle purchase or lease agreement
• Manufacturer’s or dealer’s warranty
• Repair invoices and work orders (showing dates, mileage, and descriptions of the issue)
• Correspondence with the dealer or manufacturer
• Proof of time out of service (days the car was unavailable due to repairs)

Step 5: File for Arbitration

If your car qualifies as a lemon, and the manufacturer or dealer refuses to provide a refund or replacement, you can file for arbitration through the New York State Lemon Law Arbitration Program.

How to Request Arbitration:

• Complete the Arbitration Request Form from the New York Attorney General’s Office.
• Submit the form via email ([email protected]) or mail it to:
  
  Office of the New York State Attorney General
  Lemon Law Unit
  28 Liberty Street
  New York, NY 10005
• Pay a $250 arbitration fee (refundable if you win).

An independent arbitrator will review your case and hold a hearing where both you and the manufacturer present evidence. A decision is typically made within 45 days.

Step 6: Arbitration Hearing and Outcome

During the arbitration hearing, you will:

• Present your repair history and supporting documents.
• Explain how the defect affects your car’s use, value, or safety.
• Answer any questions from the arbitrator.

The manufacturer may argue against your claim, so it helps to be thoroughly prepared. If the arbitrator rules in your favor, the manufacturer must issue a refund or replace the vehicle.

If you lose the arbitration, you may still file a civil lawsuit in court.

Step 7: Consider Hiring a Lemon Law Attorney

While arbitration is designed to be consumer-friendly, having a Lemon Law attorney can improve your chances of success. A lawyer can:

• Help gather strong evidence.
• Handle communication with the manufacturer’s legal team.
• Represent you in arbitration or court.

Many Lemon Law attorneys work on a contingency basis, meaning you only pay if you win.

Additional Details:
New York Lemon Law Information