How to Tell if Your Car Qualifies for Virginia’s Lemon Law: What You Need to Know

What is Virginia’s Lemon Law?

Virginia’s Lemon Law (Section 59.1-207.9) offers strong protections for car owners dealing with defective vehicles that significantly impair their safety, use, or value.

If your car has frequent and unresolved defects, you may be eligible for a refund, replacement, or other legal relief.

This article will help you understand the criteria for eligibility, what defects qualify, the time limits for filing a claim, and how to know if your car is eligible for the protection provided by Virginia’s Lemon Law.

Defining “Defects” Under Virginia’s Lemon Law

Under Virginia’s Lemon Law, a “defect” refers to any issue with the vehicle that significantly impairs its safety, use, or value. To qualify for a claim, the defect must be severe enough that it affects the car’s primary function.

Examples of qualifying defects include:

Obviously, not all issues qualify under the Lemon Law. Minor defects, such as small cosmetic imperfections or issues that don’t significantly impact the car’s performance or safety, are excluded.

Time Limit for Filing a Claim: 18 Months or 18,000 Miles

Under Virginia’s Lemon Law, there is a critical time limit for reporting defects that may qualify you for legal relief. You must file your claim within 18 months of the vehicle’s delivery to you, or 18,000 miles on the odometer—whichever comes first.

To track this time limit

Start by noting the date you took possession of the vehicle, which will mark the beginning of the 18-month period. Similarly, keep an eye on your car’s mileage, as it should not exceed 18,000 miles when you file your claim. If you reach either of these limits before the defect is repaired or resolved, you may no longer be eligible for relief under Virginia’s Lemon Law.

What happens if you exceed the time limit?

If the 18-month or 18,000-mile limit is surpassed, the Virginia Lemon Law will likely no longer apply, and you may lose your right to seek a refund or replacement. However, this doesn’t mean that all hope is lost—if you’re close to the limit, or believe there’s a special circumstance, it’s always worth consulting a Lemon Law attorney.

Example: If you purchase a car on January 1, 2023, and the mileage hits 18,000 miles on July 1, 2023, you must report the defect before July 1, 2023, to be eligible for a claim. If the defect is reported on August 1, 2023, it would fall outside the eligibility window, making the claim invalid under the Lemon Law.

The Number of Repair Attempts: 3 or More

Under Virginia’s Lemon Law, a car can be considered a lemon if it has been subject to 3 or more repair attempts for the same defect. However, this rule only applies if the defect remains unresolved after these attempts, or if the car has been out of service for a significant period due to repairs.

A repair attempt is considered “reasonable” if:

• The same defect has been reported multiple times.
• The repair is attempted by a licensed dealer or manufacturer-authorized service provider.
• The issue continues to persist despite the repair work.

Document each repair attempt thoroughly. This means keeping repair orders, receipts, and a record of all communication with the dealership or repair shop. This documentation will be used as evidence if you need to pursue a claim under the Lemon Law.

Examples of Repair Attempts:

• Simple repair: If your car has an issue with the air conditioning system that requires a minor fix, and the dealership attempts to repair it three times without success, that may be considered a reasonable repair attempt.
• Major mechanical issue: If your vehicle has a serious transmission failure that is repeatedly not fixed after three attempts, this would be a qualifying defect under the law. The defect must substantially impair the car’s use, safety, or value, and the repeated repair attempts must demonstrate that the issue hasn’t been resolved.

Remember, if a car has been out of service for 30 or more days due to defects, this also qualifies under the Virginia Lemon Law as long as the defects are severe enough.

The “Out of Service” Requirement: 30 Days

If your vehicle has been out of service for repairs for a total of 30 days or more within the first 18 months or 18,000 miles of ownership, it may qualify as a lemon.

The 30-day period is calculated based on the total number of days your car is in the shop for repairs. This does not include time when the car is in for routine maintenance or repairs unrelated to the qualifying defect.

The 30 days can be non-consecutive; as long as the total time the car was out of service for repairs reaches 30 days, the rule applies.

What Counts as “Out of Service”?

• If your car is at the repair shop for substantial periods of time due to the same defect (such as engine issues or transmission problems), and you are unable to use the vehicle for normal driving, it counts as being “out of service.”
• Days when the vehicle is unavailable due to minor repairs, like a windshield chip or cosmetic fixes, do not count toward the 30-day total.

This rule ensures that owners of vehicles that are out of service for an extended period due to serious defects have a valid case for seeking a refund or replacement.

Exclusions: When Your Car Doesn’t Qualify

While Virginia’s Lemon Law provides protection for consumers dealing with defective vehicles, not all issues with a car will qualify under the law. It’s important to know what doesn’t qualify, so you can avoid wasting time on claims that may not be successful.

Examples of Exclusions:

How to Prove Your Car’s Eligibility for Lemon Law Relief

To prove your car’s eligibility, you will need to gather and present solid evidence that demonstrates the defects and repair attempts. Key evidence includes:

• Repair receipts and work orders: These documents detail the work done on the car and help establish that the defect was repeatedly addressed but not resolved.
• Maintenance records: Properly maintained records show that the vehicle was cared for in line with manufacturer recommendations, ruling out the possibility of negligence or improper use.
• Communication with dealers: Email, phone logs, or written letters exchanged with the dealership can demonstrate that you’ve made efforts to resolve the issue.

Documentation is key

Without records showing the defects and repair attempts, your claim may not succeed. A Lemon Law lawyer can help ensure all necessary documentation is collected, organized, and presented to strengthen your case. They can also advise on the next steps in the process, including arbitration or litigation.

Common Misunderstandings and FAQs

Virginia Lemon Law FAQs often address common misconceptions about eligibility. Here are some key clarifications:

“Can my car still qualify if I’ve exceeded the time limit by a few months?”

Unfortunately, if the defect is reported after the 18-month or 18,000-mile limit, the vehicle will not qualify under the Virginia Lemon Law. It’s essential to report defects within this time frame to ensure eligibility.

“What if my car has a major defect after the 18-month period?”

The Lemon Law only covers defects reported within the first 18 months or 18,000 miles. However, if the defect is significant and affects safety, you might have other legal remedies, like filing a lawsuit under different laws.

Understanding these common questions can help clarify the eligibility process. Always check the specific details of your case, and consult with a Lemon Law expert if you’re unsure.

More information: Virginia Lemon Law Complete Information