A new car that proves to be defective as soon as it is driven off the dealer’s lot is commonly referred to as a “lemon.” Most states in the U.S. have adopted so-called “lemon laws,” which are laws designed to give the owners of lemons a remedy for this problem. Most lemon laws require the manufacturer to offer the owner a refund or a replacement vehicle.
In Missouri, the Lemon Law is set out in the Missouri New Vehicles Warranty Law. This statute assists the owners of lemons in a number of ways. It forces manufacturers to honor their own express warranties for the vehicles they sell. It also requires vehicle manufacturers to offer lemon owners either a replacement vehicle or a refund of the purchase price if a lemon cannot be repaired.
The lemon owner may only demand the replacement or refund after the manufacturer has had a “reasonable number” of attempts to fix the problem with the lemon.
Both purchased and leased vehicles that are covered by the manufacturer’s new vehicle warranty qualify for the remedies provided by Missouri’s lemon laws. Commercial vehicles, motorcycles, and the living cabins of recreational vehicles are not covered.
In addition, to qualify for protection, the lemon must have been out of service for 30 business days or more. Or, the manufacturer must have attempted to repair the lemon 4 or more times. Again, the remedy is a replacement vehicle or a refund of the purchase price.
A separate problem is the defective or failed repair of a car. Any part of a vehicle that a person owns can break because of wear and tear and require repair. If an auto repair shop or mechanic fails to fix it when a person pays them to do so, it is a defective car repair. A person must turn to traditional legal theories for a remedy for failed car repairs.
What Are Some Examples of Defective Car Repairs?
A defect that is essentially built into the car when it is designed or manufactured is the type of problem that lemon laws address. As for defective repairs of cars, any part of a car may require repair, e.g., a fan belt can break and require replacement. If the mechanic who performs the repair does not do a competent job and the repair is ineffective, then a person may have a case for a defective car repair.
Some of the types of defects that can have a serious negative effect on the safety of a vehicle are as follows:
- Steering System: The steering system includes the steering wheel, the steering column, and the rack housing that connects the other parts to the wheels themselves. Any one of these parts can malfunction without warning while the driver is operating the car. This could cause the driver to lose control with potentially catastrophic results;
- Fuel System Components: Clearly, the fuel system is a critical system in a car as it can be the source of fires and explosions if it does not function properly. For example, a fuel system needs to include a part that stops the flow of gas in the system if the car is involved in a crash. If this part is missing or breaks, the car can combust or even explode;
- Wheels: Defects in wheels can cause them to crack or even break without warning. If this happens, the driver will lose control of the car, and a collision is likely to result.
A lawyer for car issues would be able to help you identify a defect in your new car.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
As noted above, a car can have a defect that requires repair. For example, in a recent well-known case, defective airbags were installed in cars when they were manufactured. After the cars were recalled, the manufacturers had to repair the problem by removing the defective airbags and installing new ones. This is a defective product recall.
A defective car repair is simply a repair job of a car that does not fix the problem it was supposed to address. The repair is defective. There can be a defective or unsuccessful repair of a defect in a car. But it is also possible that a common repair, e.g., replacing belts or a mechanical problem with the engine, also proves to be unsuccessful because of defective mechanic work.
What Should I Do Regarding a Defective Car Repair?
If inadequate repair of a vehicle is the direct cause of an accident, the owner who suffers injury or damage could possibly sue the mechanic or repair facility for negligence. They would be able to recover compensatory damages to cover their economic and non-economic losses.
If a faulty repair job does not lead to an accident, the vehicle owner would be able to sue for breach of contract, because a person has a contract with a repair facility or mechanic and if the facility or mechanic fails to perform the repair as promised, then they have breached the contract.
If the owner has a warranty that applies to the vehicle, it might offer protection. If the type of repair is covered by the warranty, the issuer of the warranty, which might be the manufacturer of the vehicle, can look to the issuer to cover the cost. If the issuer of the warranty should refuse to cover the cost of a repair covered by their warranty, the vehicle owner could sue for breach of warranty.
Of course, lawsuits are expensive, so a person might first want to try to negotiate a resolution with the mechanic. There might be a local or state consumer affairs program that can negotiate a resolution. However, if these avenues do not lead to relief and the cost of the repair is significant, a person may have to turn to a lawsuit. A local attorney in Missouri would be able to help.
What Documentation Do I Need When Dealing with a Defective Car Repair?
A person should keep every document they receive in the course of buying a new car. They want to keep the purchase contract. They want to be sure they receive a copy of any warranty that the manufacturer provides or that the buyer purchases as part of the sales transaction. A person should know where the title and registration for their car are located and a copy of their car insurance policy.
If a person takes their car to a mechanic or auto repair facility, they want to keep every piece of paper related to the repair. They should ask for a written estimate and an itemized invoice when the job is complete.
A person wants to make a record of every time that they take their vehicle, whether it is new or old, for repair or routine maintenance. A person also wants to stay current with all routine maintenance of their vehicle.
How Do I Sue for Defective Car Repair Issues?
If a vehicle manufacturer denies an owner’s request for relief under Missouri’s lemon law, the owner may either turn to arbitration or another informal dispute resolution process or file a lawsuit. A person should check their owner’s manual or contact the manufacturer for details about any informal dispute resolution program it may offer. Again, an auto repair lawyer should be able to offer help. The Missouri Attorney General may also offer a dispute resolution program.
Do I Need a Lawyer for Help with My Defective Car Repair Issue?
If you think that your new car may be a lemon, you want to consult a Missouri liability lawyer. LegalMatch.com can put you in touch with a lawyer who can guide you through the process of getting relief under Missouri’s lemon law.
If you have a problem with substandard repair work on your car, you also want to talk to a Missouri liability lawyer. Your lawyer can analyze the facts of your case and help you decide which type of claim could work best for getting you the relief you need.
