OH Lemon Law FAQ
Answers to Frequently Asked Questions
- How does the OH Lemon Law work?
- Does a problem always need to occur three times to be considered a lemon?
- What happens if I fall outside the 12 months/18,000 miles before my first problem exists? Does this mean I do not have a claim?
- How does the OH Lemon Law offer cost-free representation?
- Are leased cars covered under the Ohio Lemon Law?
- Are motorcycles and RVs covered under the OH Lemon Law?
- I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
- Are used cars covered under the Ohio Lemon Law?
- Who can I ask more questions about the Ohio Lemon Law?
How does the OH Lemon Law work?
The Ohio Lemon Law covers drivers whose vehicles suffer a non-conformity or defect within the first 12 months or 18,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally three) by the manufacturer's authorized dealership.
The Ohio Law also covers vehicles that have been in the shop for eight (8) total repairs, regardless if they are for the same or different problems. To review the OH Lemon Law, see the Ohio Lemon Law Statute.
Does a problem always need to occur three times to be considered a lemon?
Not necessarily. If your car is in the shop 30 days or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing a significant problem likely to cause death or serious bodily injury, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
What happens if I fall outside the 12 months/18,000 miles before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs, and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
How does the OH Lemon Law offer cost-free representation?
The Ohio Lemon Law, and other Laws we work with, contain a fee-shifting provision. This means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Beware of firms that take your case on contingency. This means they are taking a portion of your winnings.
Are leased cars covered under the Ohio Lemon Law?
Yes, cars that are purchased and leased are both covered under the OH Lemon Law.
Are motorcycles and RVs covered under the OH Lemon Law?
Yes. Non-commercial motor vehicles, motor homes (except cooking and sleeping facilities), and recreational vehicles are covered under the Ohio Lemon Law Statute.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a Ohio Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.
DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
Are used cars covered under the Ohio Lemon Law?
No. We represent used cars consumers under the Magnuson–Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the OH Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.
Also, if a dealer misrepresents a car at the time of sale, lying about accident history or not disclosing lemon or salvage history, you may have rights under the Unfair Trade Practices Act. If this has happened to you, email us as soon as possible and we will be happy to assist you.
Who can I ask more questions about the Ohio Lemon Law?
Feel free to contact our firm. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to email us. We we will get back to you as soon as possible.