The state of New York has lemon laws for both new and used vehicles. If a person buys or leases a defective new car, the state’s New Car Lemon Law offers them a legal remedy. The person who buys a defective car may qualify for an arbitration program. In addition, they may receive a refund of the full purchase price or a replacement vehicle in certain circumstances.
To qualify for the remedies offered by the New York lemon laws, the following must be true:
- The car does not fulfill the terms of the written warranty that came with the purchase of it;
- A person has tried to resolve the problem with the manufacturer but has been unsuccessful;
- The manufacturer has not been able to repair the car after making a reasonable number of attempts.
In addition, to be covered by the law, the car must meet all of the following conditions:
- When originally delivered, the car must have been covered by a warranty;
- The car must have been purchased, leased, or otherwise transferred within 18,000 miles or two years from the date of original delivery (whichever came first), and this must have happened in New York state. Or, the car must be currently registered in the state;
- It must be used mainly for personal purposes and not business.
There are options for dealing with a defective car other than the New York Lemon Law.
If the National Highway and Traffic Safety Administration (NHTSA) has issued a recall, then the manufacturer should repair the defect free of charge to the owner of the vehicle. It is important to take the car to an authorized dealer. Authorized dealers work with the manufacturer and are compensated by the manufacturer for repairing a defect.
Again, the dealer should not charge a vehicle owner for repairing a defect that has been the subject of a recall. If they do, a person may want to contact the manufacturer directly or the NHTSA.
A person may get a car manufacturer’s warranty as part of their purchase of a new or used vehicle. In this case, the warranty may offer a solution to a defect if the defect involves a part or parts that are covered by the warranty. If a defect is one that a manufacturer or dealer should repair per a warranty that was part of the sales transaction and the manufacturer or dealer does not honor the warranty, a person might sue for breach of warranty.
A person might buy a car with a defect, and the defect is the direct cause of an accident in which the person suffers injuries and property damage. In this case, the person may then sue the manufacturer and the dealer for compensatory damages on a theory of strict product liability.
What Are Some Examples of Defective Car Repairs?
Some of the defects that a new car might have include the following:
- Tire Issues: A person should check their tire pressure routinely. If they find that it is routinely low or uneven among the tires, this can be a sign of defective tires. Problems with the car’s suspension can lead to uneven tire pressure. This, in turn, can lead to uneven wear on the tire and a blowout. The simple blowout of a tire can cause a serious car crash;
- Windshields & Windows: Experts say the vehicle’s windshield accounts for as much as 45% of the structural integrity of the passenger compartment. In a rollover accident, 60% of the structural integrity of the cabin. This means that if they are defective, they can cause the collapse of the cabin to occur in an accident. The signs of a defective windshield are that it is easily damaged, not the proper size, or installed incorrectly. Windows can be another source of vulnerability. Cracks in the windshield and windows should be fixed promptly;
- Windshield Wipers: If a car’s windshield wipers suddenly stop working in a rainstorm, a person can end up driving blind with predictable negative consequences. If a person notices that their car’s wipers do not properly work, they want to get them repaired promptly;
- Headlights and taillights: Drivers depend on their headlights to see at night. For this reason, headlights should be in working condition at all times. When they are not, the lives of the driver, their passengers and others on the road are at risk. Poor visibility means that drivers do not see hazards on the road, and this can lead to accidents. Cadillac was sued because the headlights in their cars only work at night in the high beam setting, which is treacherous for other drivers.
Needless to say, any one of the systems of a vehicle may be defective. Unfortunately, defects are sometimes not revealed until a car is involved in an accident.
What Is the Difference Between a Defective Car Repair and a Defective Product Recall?
A person might have a car that was sold to them in a defective condition. That is, even though the car is new, it has a defect. The defect 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 New York’s lemon laws and the NHTSA and the NHTSA recall program.
A person may also have a different kind of problem. Their car may have been brand new and in perfect condition when they bought it, but now it needs repair. This may be because it was in an accident. However, the mechanic to whom the person entrusts the vehicle for repair does a substandard job and makes a defective car repair that is not adequate. It does not fix the problem.
This is a different type of problem than the one in which a person has a car that is defective when they drive it off the new car lot. A New York auto repair lawyer would be able to provide advice.
What Should I Do Regarding a Defective Car Repair?
A person may sue a mechanic in a New York civil court after a car accident if they are able to prove that the mechanic’s faulty repair led to an accident that caused damage and injury. A person would allege negligence and seek compensatory damages. A local attorney in New York would be able to help a person with a lawsuit at this time.
A person may sue a mechanic even if there is no accident. If a mechanic provides defective mechanic work, a person might sue them for breach of contract or possibly breach of warranty if the owner has warranties that cover the car. A lawyer for car issues would be able to analyze the facts and determine the best way forward.
What Documentation Do I Need When Dealing with a Defective Car Repair?
In any event, it might help a person in certain situations to have the sales contract for their car. If they purchased a warranty or if the car was sold with a manufacturer’s warranty, they want to be sure they have a copy of those documents. And, of course, the title and registration to prove one’s ownership could be useful.
If a person has a problem with a bad repair job, they would want to make sure they keep any documents they have that are associated with the car repair, e.g., job orders, invoices, receipts, and the like.
A person could own a vehicle-related business or work as a mechanic. If so, they should have a certificate from the New York Department of Motor Vehicles (DMV), and they want to make sure they have the original of that document.
How Do I File a Complaint Against an Auto Repair Shop in NY?
In New York, the state DMV regulates all auto repair shops, inspection stations, auto dealers, vehicle dismantlers and other car-related businesses. Anyone who wants to do business in connection with cars and car repair in New York is legally obligated to register with the DMV.
If the person’s application is approved, the DMV gives the person a certificate and a copy of the Commissioner’s Regulations that govern the person’s type of business. The regulations explain the person’s obligations to consumers. The person must follow all consumer protection laws and regulations.
If a consumer has a complaint against a car-related business, the DMV offers a complaint process. The DMV first urges the consumer to try to resolve their issue with the manager of the business. If that does not work, they may file a complaint with the DMV Consumer & Facilities Services Complaint Unit.
When a complaint is filed, a DMV Consumer Services Representative (CSR) contacts the business to try to resolve the complaint. If the complaint is not resolved through the efforts of the CSR, the case is referred to an Automotive Facilities Inspector (AFI) for investigation.
After the investigation, the AFI would take no action, placing a warning letter in the repair business’s file or hold a formal administrative hearing before an administrative law judge. The business would either waive a hearing and admit to the charges, pay a specified monetary penalty and/or accept a suspension. If the business opts to waive the hearing, the hearing is not held. If the business rejects the offer, there must be a hearing.
The result of the hearing may be no action on the part of the DMV, imposition of a civil penalty, and/or a suspension or revocation of the business’s ability to operate as a vehicle related business in New York. A business may also be offered the option of paying restitution to the consumer instead of paying a penalty or to reduce the penalty. A person or business who is not satisfied, may appeal to the New York DMV Appeals Board.
If a person’s problem is defective mechanic’s work, they would also sue in a New York civil court. They could allege breach of contract. They would have to prove that they had a contract to pay a mechanic to perform a specific 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. If a person can prove the existence of a contract of whatever type, a court may enforce it.
So, even if a person did not have a contract in writing with their mechanic, 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, who could help a person decide which claim they should make and how to prove it.
Other options are 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.
How Do I Sue a Mechanic in New York?
The process for suing a mechanic in New York would be the same as that for suing an auto repair shop in New York. A person will have the same options they have if they want to sue an auto repair shop.
Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?
If you believe that you have a defective car, you may want to consult a New York personal injury lawyer. Your lawyer will be able to analyze the facts of your situation and advise you on a way to obtain the remedy you want. LegalMatch.com can connect you to a lawyer who is familiar with the options you have under New York law and which would work best for you.
If you have been given shoddy repair work by an auto repair shop or auto mechanic, you want to consult a New York liability lawyer for guidance. LegalMatch.com can give you access to this type of lawyer as well.
