A car owner in Maryland may have two different situations on their hands in connection with repairing a car. If the person owns a new car purchased within the last year or two, a breakdown may involve a defect in the car. New cars that have mechanical defects are commonly known as “lemons.” Most states have so-called “lemon laws” aimed at helping consumers in this situation. Maryland also has such a law.
Almost all new cars today also come with a manufacturer’s warranty. It should provide a person with the coverage they need to have their new car repaired by the manufacturer at no cost. The warranty specifies which parts and systems of the car are covered and for what period of time. If a car needs repair, the person has to take it to an authorized manufacturer’s dealer for repair under the warranty.
However, on occasion, a dealer may not be able to fix a person’s car. A person may have a lemon, or a new car that is defective in some way. A person may then look to Maryland’s Lemon Law for a remedy.
Maryland’s lemon law applies to vehicles that a person has purchased or leased, including cars, light trucks, and motorcycles. The vehicle must be registered in Maryland. The vehicle must be under 24 months old and must have been driven less than 18,000 miles. In addition, the defect must damage the owner’s ability to use the car and its market value.
If the vehicle meets these and a few other criteria, the owner has the right to receive either a refund or a replacement vehicle if repair attempts fail to fix the defect.
The second situation arises when a vehicle that a person owns simply needs repair of some kind. It may need repair because a part has broken due to wear and tear, or the car may have been damaged in an accident. Whatever necessitates the repair, it is not a defect that came with the car.
In the second situation, the law of warranties might apply if the owner has a warranty that covers the repair the car requires. Or a person may need to turn to traditional legal remedies such as a lawsuit for breach of contract. An auto repair lawyer would be able to explain the details.
What Are Some Examples of Defective Car Repairs?
Some examples from the NHTSA of defects that it considers threats to the safe operation of a car are as follows:
- Windshield wiper assemblies that fail: when this happens in a rainstorm, the driver may have to operate the car blind with predictable negative consequences;
- Seats and/or seat backs that fail: If this happens while the driver is operating the car, an accident is the likely result;
- Critical parts of the vehicle: If a critical part breaks or separates from the vehicle, the driver may lose control, or passengers or pedestrians near the vehicle may be injured by the part;
- Car ramps or jacks: A defective jack can fail while a person is under the car making a repair and cause injury to that person;
- Airbags: Airbags may deploy when they should not, i.e., when the driver is operating the car and there has not been a collision. Again, the driver would be driving blind. In the case of the Takata airbag recall, the problem was that Takata airbags propelled parts when they deployed, and these parts struck and, in some cases, killed passengers in the car;
- Child car seats and booster seats: If these have defective safety belts, they can create the risk of injury in a crash, even in some situations in which the car is not operating.
A local attorney in Maryland would be able to help a person identify a defect or a faulty repair job and identify possible ways to get a remedy.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
If a person takes their car to a car repair shop or a car mechanic to repair a problem and the repair is not successful, the person has a defective car repair issue. In other words, the person might consider it defective mechanic work.
The National Highway Traffic Safety Administration (NHTSA) is a federal agency that issues defective product recalls, including recalls for vehicle defects. If the NHTSA receives information from auto manufacturers, dealers, and car buyers to the effect that a car on the market has a defect, the NHTSA is authorized by law to recall the car. The manufacturer of the defective car then has an obligation to notify owners about the defect and offer them a no-cost fix for the problem.
The kind of defect that can lead the NHTSA to issue a recall may be in the design of the car. Or, it may have arisen during the manufacturing process or in the preparation of warnings about its use. Defects such as these may be addressed by both Maryland’s lemon law and an NHTSA recall.
In one recent recall, the NHTSA recalled over 67 million cars with Takata airbags. The NHTSA instituted the recall because the airbags can explode when they deploy in a collision. On some occasions, the results have been fatal to a passenger in the car. The recall affected well over 20 makes of cars in which Takata airbags had been installed. Manufacturers whose cars contained Takata airbags had to replace the defective airbags at no cost to the owners of the vehicles.
What Should I Do Regarding a Defective Car Repair?
If a person has a car with a defect, they will turn to Maryland’s Lemon Law for a solution. The process for claiming a remedy under the Maryland Lemon Law is explained at length below.
Unfortunately, sometimes, vehicle defects only show themselves to the vehicle owner when they cause an accident. If a person suffers injury or property damage because a defect in a car causes an accident, the person may sue the manufacturer and dealer for strict product liability.
In a strict product liability lawsuit, a does not have to prove negligence on the part of the car’s manufacturer or the dealer. Rather, they must only prove that the car had a defect and the defect was the direct cause of the accident in which the person suffered injury and loss. If the owner succeeds in this, the manufacturer and dealer are both liable to compensate the owner for their losses.
A person would file a strict liability lawsuit in a civil court. They would want to be represented by a local attorney in Maryland. The manufacturer and dealer would most certainly be represented by their attorneys, so a person wants to have their own legal representation.
Proving that the vehicle had a defect and the defect caused an accident would necessitate the help of an expert witness, possibly an automotive engineer. An auto repair lawyer would be able to advise a person about the need for an expert witness.
What Documentation Do I Need When Dealing with a Defective Car Repair?
When a person buys a car, new or used, they want to keep all documentation related to the transaction. If they buy a warranty for their new car or receive a manufacturer’s warranty as part of the sale, they want to make sure they get a copy of the warranty.
If a person finds they have a problem with their car, new or used, they want to make a record of the steps they take to get the manufacturer and/or dealer to remedy the problem, keeping all documentation related to the repair efforts. If the person sends letters to the manufacturer to request a repair or a remedy as suggested by the Maryland Attorney General’s office, they want to keep copies of the letters and proof that they were sent by certified mail, and a return receipt is requested.
How Do I Sue for Defective Car Repair Issues?
In Maryland, if a person’s car is a lemon, they are entitled to a replacement vehicle or a refund of the full purchase price minus an allowance for use, which may not exceed 15 percent of the purchase price.
A person might have not yet notified the manufacturer of their defective car that it meets the definition of a lemon. In that case, they want to notify the manufacturer by letter, sent via certified mail, and request a return receipt. Also, the person should send a copy of their letter to the Maryland Consumer Protection Division (MDCPD) of the Maryland Attorney General along with a completed MDCPD complaint form, keeping copies of everything for their own records.
The letter should state the following:
- The make, model, year, and VIN of the vehicle;
- The name of the dealership from which the person bought the vehicle and the date on which the purchase was made;
- The nature of the defect the vehicle has;
- A description of the steps the person has taken to address the problem. If a person has them, they should include copies of repair orders and dates of repair attempts.
Once the manufacturer receives the letter, it has 30 days to repair the defect. If the manufacturer does not fix the defect within 30 days, it has to repurchase or replace the vehicle.
The person would send another letter by certified mail, return the receipt requested, explaining the problem, the steps the person has taken, and the remedy they want.
The person can accept a replacement vehicle that is comparable to the defective one and that is acceptable to them. Or, the person can request a refund of the purchase price. The payment should cover the full purchase price, including license fees, registration fees, and other similar charges associated with buying a new car.
If the manufacturer does not come through with the replacement car or a refund, a person may turn to the manufacturer’s arbitration process. All car manufacturers today offer some kind of alternative dispute resolution process such as arbitration.
Participating in arbitration is optional for the vehicle owner. Any decision of an arbitrator is binding only on the manufacturer, not the vehicle owner. If the owner does not like the arbitrator’s decisions, they may still file a lawsuit under the Lemon Law against the manufacturer in a Maryland civil court.
If a person’s problem is a defective repair on the part of a mechanic, they would also sue in a Maryland civil court. They could claim breach of contract. They would have to prove that they had a contract to pay a mechanic to perform a specified repair of their car, and the mechanic did not provide the repair as promised.
It is important to note that a contract may be oral or written, express or implied from circumstances. So, even if a person and their mechanic did not have a written contract, breach of the contract would be grounds for a lawsuit for compensatory damages. An award of damages would cover the expense of making the repair the mechanic did not make.
A person may want to consult a lawyer for car issues. A lawyer would be able to help a person choose the claim they should allege and how they would prove it.
Another option might be a lawsuit for breach of warranty if a person has a warranty for their car, either from the manufacturer, the dealer, or an after-market warranty that they have bought to cover the cost of potential repairs.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you think you have a lemon, you want to consult a Maryland liability lawyer. LegalMatch.com can connect you to a lawyer who understands Maryland’s lemon law and can guide you through the procedure you need to follow to get relief.
If you have an older car and your repair needs have not been satisfied by a mechanic, you too want to consult a Maryland liability lawyer. Your lawyer will be able to negotiate a resolution, or if that is not possible, your lawyer can guide you through the legal process to a remedy.
