What Happens If My Vehicle’s Repair History Does Not Fit With Arizona Lemon Law Requirements Or If My Claim Is Timed Out?
- There is no official time limit for manufacturers to either replace or refund your vehicle. However, experienced Lemon Law attorneys can write a deadline into your settlement with your vehicle’s manufacturer as a contractual obligation.
- While performing routine maintenance (i.e., oil changes) on your car will usually not void your car’s warranty, modifying or repairing the car yourself may void your car’s warranty.
If your claim doesn’t fit within the Arizona Lemon Law’s statutory requirements, or if your Lemon Law claim is timed out, then there is another legal option you may pursue to obtain recourse for your Lemon vehicle.
This option is called the Magnuson-Moss Warranty Act. It is essentially a federal Lemon Law, which State Lemon Laws were subsequently modeled after. The biggest differences between the Arizona Lemon Law and the Magnuson-Moss Warranty Act (“MMWA”) has to do with remedies and coverage periods.
Typically, motor vehicles have limited warranties that entitle the consumer to recover compensation under the Magnuson-Moss Warranty Act when the car is a Lemon that can’t be repaired within a reasonable opportunity. The MMWA also gives the consumer the ability to recover attorney’s fees, if a matter is successfully resolved. The time limit for Magnusson Moss claims is based on the entire duration of the manufacturer’s warranty, rather than the 2-year or 24,000-mile Arizona Lemon Law period.
Most manufacturer’s warranties are either 3 years or 36,000 miles bumper to bumper. Luxury vehicles are typically 4 years or 50,000 miles bumper to bumper.
There’s also what are called powertrain warranties. These are the warranties that apply to the portions of the vehicle that make it go—for example, the engine, transmission, etc. Those powertrain warranties tend to be longer. They can be 5 years or 60,000 miles, and some of them are even as long as 10 years or 100,000 miles.
If vehicle repairs fall under the applicable warranty period, then a MMWA claim could be brought.
There’s also what’s called State common law, which is judicial opinions reached on warranty repair matters. There are State common law judicial opinions for pursuing resolution for a breach of warranty—which is what inappropriate out-of-pocket repair charges and unreasonable defect repair times can fall under. That’s another way to bring a claim outside of the Arizona Lemon Law.
For more information on Types Of Available Compensation, Legal Coverages, And Exclusions, a Free Lemon Law Evaluation is your next best step. Get the evaluation you are seeking by calling (480) 237-2744 today.
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