While consumers shouldn’t have to go through a Lemon Law claim at all, the good news is that upon successful resolution of your claim, you will either have all of your money back or you will have a brand new car. In either case, you will be charged a small amount for the use of the defective car, which will be calculated in miles. Deciding whether to choose a refund or a replacement can be difficult, but it may help to understand exactly what you are entitled to under each resolution.
Choosing a Refund
Under Virginia law, you are entitled to a refund of all of the following costs:
- The full contract price of the vehicle
- All collateral charges, including sales tax, license fees, title fees, finance charges, interest, dealer add-ons, and factory-installed options
- Incidental damages, including expenses related to care and custody of the vehicle
- Expenses related to repair attempts, including mileage to and from the repair shop, towing, and use of a rental car
The refund option is a good one if you have lost confidence in the manufacturer of the lemon car and wish to buy a new car from a different manufacturer.
Choosing a Replacement
If you are determined to stay with the same manufacturer, you can choose to have the returned lemon replaced by a new vehicle. While the law does not state that it has to be the same make and model, it does need to be a “comparable” vehicle and must be acceptable to you, the consumer. In general, comparable refers to the price of the vehicle and you are free to choose a different model in the same price range.
A Lemon Law Attorney Won’t Cost You Extra
Many Lemon Law cases can be settled without the need of a lawyer, but if you need assistance with your case, or are getting pushback from the dealer or manufacturer, you should know that the attorney’s fees will be paid by the manufacturer if your claim is successful. You will not pay out of pocket for legal fees. When you contact the The Consumer Law Group, we will evaluate your claim and let you know if it appears you have a case before scheduling it. Contact us today through the link on this page.