When you purchase a new vehicle, you expect it to provide reliable transportation without frequent trips to the repair shop. However, sometimes new vehicles can have persistent issues that impair their performance, safety, or value.
If you’re in Illinois and your new car is constantly malfunctioning, you might be dealing with a “lemon.” Understanding the common defects covered by the Illinois Lemon Law can help you determine if your vehicle qualifies for protection and what steps you can take to seek relief.
An Overview of the Illinois Lemon Law
The Illinois Lemon Law, officially known as the New Vehicle Buyer Protection Act, is codified under 625 ILCS 510/1 et seq. This law is designed to protect consumers who purchase or lease new vehicles for personal, household, or family use.
It ensures that consumers are not burdened with vehicles that significantly diminish their usability, value, or safety.
Covered Vehicles
The Illinois Lemon Law applies to specific types of vehicles, including:
- Passenger Cars: This includes sedans, coupes, hatchbacks, and convertibles.
- Light Trucks: Vehicles with a gross weight of less than 8,000 pounds, such as pickups and SUVs.
- Recreational Vehicles (RVs): RVs are covered, but trailers are excluded.
By understanding the types of vehicles covered under the law, you can determine whether your vehicle qualifies for Lemon Law protection.
Eligibility Criteria for a Lemon Vehicle
To qualify as a lemon under the Illinois Lemon Law, a vehicle must meet several specific criteria:
Nonconformity: The vehicle needs to have a defect or condition that significantly hinders its use, value, or safety. This defect shouldn’t stem from abuse, neglect, or unauthorized modifications by the owner.
Impact of Defects: The defect or condition must substantially impair the vehicle’s operation, making it less valuable or unsafe to drive.
Common Defects Covered by the Illinois Lemon Law
These are the most commonly reported issues in Lemon Law cases filed for resolution under Illinois Lemon Law:
Engine Issues
- Stalling: Frequent stalling can make driving dangerous and inconvenient.
- Misfires: Misfires can lead to a loss of power and inefficient fuel consumption.
- Complete Failure: Total engine failure can render the vehicle inoperable.
Transmission Problems
- Rough Shifting: Difficulty in shifting gears can affect the vehicle’s performance.
- Slipping Gears: Slipping gears can cause a sudden loss of power and pose safety risks.
Electrical System Faults
- Faulty Wiring: Electrical issues can lead to various problems, including malfunctioning lights and accessories.
- Malfunctioning Electronics: Issues with electronic components can affect the vehicle’s overall functionality.
Braking System Defects
- Brake Failure: Inoperative brakes can compromise safety and increase the risk of accidents.
- Unusual Noises: Unexplained noises from the braking system can indicate underlying issues.
Suspension and Steering Problems
- Handling Issues: Poor suspension or steering can affect vehicle stability and control.
- Safety Concerns: Defects in these systems can make driving hazardous.
Other Mechanical and Safety Issues
- Fuel System Problems: Defects in the fuel system can lead to leaks and fire hazards.
- Air Conditioning Failures: Malfunctioning air conditioning can cause discomfort and potential health risks.
- Structural Issues: Structural defects can affect the vehicle’s safety and integrity.
- Brake Failure: Inoperative brakes can compromise safety and increase the risk of accidents.
- Unusual Noises: Unexplained noises from the braking system can indicate underlying issues.
Suspension and Steering Problems
- Handling Issues: Poor suspension or steering can affect vehicle stability and control.
- Safety Concerns: Defects in these systems can make driving hazardous.
Other Mechanical and Safety Issues
- Fuel System Problems: Defects in the fuel system can lead to leaks and fire hazards.
- Air Conditioning Failures: Malfunctioning air conditioning can cause discomfort and potential health risks.
- Structural Issues: Structural defects can affect the vehicle’s safety and integrity.
Documentation and Repair Attempts
One of the key aspects of the Illinois Lemon Law is the requirement for a reasonable number of repair attempts:
Required Repair Attempts: A vehicle must have undergone at least four repair attempts for the same defect or condition. These attempts should be documented and made within the warranty period.
Out-of-Service Days: Alternatively, if the vehicle has been out of service for a cumulative total of 30 or more business days due to one or more defects, it may also qualify as a lemon.
Keeping detailed records of all repair attempts is crucial. This includes repair orders, work orders, and receipts, as well as documentation of any correspondence with the manufacturer. Thorough documentation helps substantiate your claim and demonstrates that the manufacturer has had ample opportunity to fix the problem.
Exclusions and Exceptions
While the Illinois Lemon Law offers substantial protection for consumers, there are certain exclusions and exceptions to be aware of:
- Used Vehicles: Only new vehicles are covered under the Illinois Lemon Law.
- Motorcycles: These are not covered by the law.
- Trailers: Excluded from the law’s coverage.
- Motor Homes: While recreational vehicles are covered, the living area components of motor homes are excluded.
- Commercial Vehicles: Vehicles purchased for commercial use are not covered, as the law is intended for personal, household, or family use.
Commercial Use: Vehicles primarily used for business purposes are excluded from coverage under the Illinois Lemon Law. The law is designed to protect consumers using vehicles for personal, household, or family purposes.
Other Exclusions: Additional factors that may disqualify a vehicle from being considered a lemon include defects resulting from abuse, neglect, or unauthorized modifications by the owner.
Steps to Take if You Have a Lemon Vehicle
If you suspect that your vehicle qualifies as a lemon, follow these steps to seek relief under the Illinois Lemon Law:
- Notify the Manufacturer: Send a written notice to the manufacturer detailing the defect and requesting a repair or replacement. Include copies of all relevant documentation.
- Allow a Final Repair Attempt: After receiving your notice, the manufacturer has the right to one final repair attempt. This repair attempt should be documented as well.
- Contact the Manufacturer’s Designated Representative: If the defect persists after the final repair attempt, contact the manufacturer’s designated representative for your vehicle. They will provide the necessary forms and information to proceed with your claim.
- File a Claim with the Dispute Resolution Program: Submit your claim to the Industry Third Party Dispute Resolution Program established by the manufacturer. This program will evaluate your claim and make a decision.
- Seek Legal Advice: If you are dissatisfied with the decision of the Dispute Board, consult with a lemon law attorney to discuss your options for filing a civil lawsuit.
- File a Lawsuit: If necessary, file a civil lawsuit in a state court to enforce your rights under the Lemon Law. The court will hear your case and make a decision based on the evidence presented.
Settlement Options and Possible Outcomes
If you win your Lemon Law claim in Illinois, there are several possible settlement options:
- Replacement Vehicle: The manufacturer may provide a comparable new vehicle to replace the defective one. This vehicle should be similar in make, model, and value to the original lemon vehicle.
- Buyback: The manufacturer may buy back the defective vehicle. The buyback amount typically includes:
- The full purchase price of the vehicle
- Sales tax, registration fees, and any other official fees associated with the purchase
- Incidental costs, such as towing and rental car expenses incurred due to the defect
- Less a deduction for the vehicle’s use, based on the mileage driven before the first repair attempt
- Cash Settlement: In some cases, the manufacturer may offer a cash settlement instead of a replacement vehicle or buyback. This settlement usually includes compensation for the defect and any incidental costs incurred by the car owner.
- Repair Costs Reimbursement: The manufacturer may agree to reimburse the car owner for the costs of repairs related to the defect.
These outcomes ensure that the car owner is fairly compensated for the issues with the defective vehicle.
Tips for a Successful Lemon Law Claim
To improve your chances of a successful Lemon Law claim, consider the following tips:
- Keep Detailed Records: Document every repair attempt, including dates, descriptions of the problem, and the work performed. Retain copies of all repair orders, invoices, and correspondence with the manufacturer.
- Follow the Manufacturer’s Instructions: Comply with any requirements set by the manufacturer, such as notifying them in writing and allowing a final repair attempt.
- Act Promptly: File your claim within the specified time frame to avoid losing your rights under the Lemon Law.
- Consult an Attorney: If you’re unsure about any aspect of the Lemon Law or your claim, seek legal advice from an attorney experienced in Lemon Law cases.
Verify your qualification for Lemon Law benefits—get started today!
In essence, fully understanding the Illinois Lemon Law and the qualifications for a lemon vehicle can assist you in safeguarding your consumer rights. By maintaining meticulous records, taking swift action, and adhering to the required steps, you can pursue remedy for your faulty vehicle.
Don’t let a lemon vehicle continue to be a source of frustration. Resolve your lemon car problem by taking the first step today. Book a Free Consultation or reach out to us at (833) 743-1990 immediately to discuss your case with an expert and explore your options for relief.