Driving a lemon? What to know about state protections, federal warranty act
Car repairs are a pain, but if your vehicle is in the shop more than it's on the road, you could have the right to compensation under state lemon laws or the federal warranty act.
Joe Siligato bought his brand new pickup truck less than a year ago, so when the low oil light came on after only a couple of months, he thought it was a fluke.
Siligato, who lives in South Philadelphia, took it to his dealer to get the oil changed. But just a few months later, he said it happened again.
"Two or 3,000 miles later, [the] low oil light comes on again," he said. "I told them now the engine is making noise."
After multiple trips to the dealer, Siligato said he was told his brand new truck needed a brand new engine.
"I'm thinking this is crazy for a $90,000 pickup truck to have this many problems," he said.
Siligato sought help using the Lemon Law. He said he's hoping to get rid of the truck and get a full refund.
"When they notice a symptom and they're not getting attended to, when they brought it back two or three times for the same concern, when their vehicle's in the shop for two to four weeks, then they're entitled to compensation," said Bob Silverman, an attorney who specializes in Lemon Law cases.
Every state's Lemon Law is slightly different in regards to when the issue must first appear, the number of repair attempts to fix the defect, and the number of days the vehicle was out of service.
- covers issues occurring in the first 12 months or 12,000 miles, whichever comes first, that cannot be fixed after three repair attempts.
- covers issues occurring in the first 24 months or 24,000 miles, whichever comes first, that cannot be fixed after three repair attempts.
- covers issues occurring in the first 12 months that cannot be repaired after four attempts.
But if state Lemon Law doesn't cover you, the federal might, according to Silverman.
As long as the vehicle is still under its original manufacturer's warranty and has been in the shop at least three times for the same problem, you could be entitled to compensation. It also includes a fee-shifting provision to pay for legal fees if your case is successful.
In either case, Silverman said it's crucial to have proof you've tried to get the problem fixed.
"It's important that a consumer collect documentation as they go along," he said. "Try not to leave the dealer without a piece of paper known as a repair order that says, 'here's what I've complained about,' 'here's what the dealer's done to investigate,' and 'here's what they found and done.'"
In Siligato's case, he learned his 2024 GMC Sierra 1500 Denali is part of a recall General Motors recently announced, impacting nearly 600,000 trucks and SUVs because the V8 engine could fail. The recall impacts 2021-2024 models. Even then, Silverman says owners who are waiting for repairs due to a lack of parts might still have a Lemon Law or Magnuson-Moss Warranty Act case.
Siligato said he's not interested in a replacement and wants the manufacturer to buy back his truck.
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