KIMMEL & SILVERMAN, ATTORNEYS AT LAW
In order to provide Pennsylvania drivers with everything they need to fully understand the PA Lemon Law, we've pulled together this FAQ covering the most common questions we hear on our 1-800-LEMON-LAW Hotline.
There's zero risk and no cost to you when filing your Lemon Law claim, regardless of whether you win or lose.
If you think you may have a claim under the PA Lemon Law and would like free legal assistance, send us your Lemon Law claim online or call 1-800-LEMON-LAW (1-800-536-6652).
The Pennsylvania Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 12 months or 12,000 miles (whichever comes first) that can't be repaired after repeated attempts (normally three) by the manufacturer's authorized dealership. The PA Lemon Law covers cars and trucks purchased or leased in Pennsylvania, or cars and trucks registered for the first time in Pennsylvania.
The PA Lemon Law is able to provide cost-free legal representation through a fee-shifting provision common to most state Lemon Law statutes. This means, if you prevail, the manufacturer is required to pay all attorney/legal fees on top of whatever remedy you receive.
If you submit your claim to Kimmel & Silverman, and we accept your case, you will never pay anything out of pocket - even if you win. This fee-shifting provision is in place to give you an even playing field when going up against vehicle manufacturers who have millions of dollars at their disposal to combat cases such as your own.
Not necessarily. There are exceptions to this rule that may apply to your vehicle. If your car is in the shop for thirty (30) days or more during the first calendar year, consecutive or otherwise, we can file a claim under the PA Lemon Law.
No, but while you may not have a claim under the PA Lemon Law, there are other actions you can take. If you are having continuous problems with your vehicle and it is still under a manufacturer's warranty, we can still help you pursue your case under the Federal Magnuson-Moss Warranty Act. Like the PA Lemon Law, this statute offers 100% cost-free legal representation.
This is the #1 question we're asked at Kimmel & Silverman.
Unfortunately, used cars are not covered under the PA Lemon Law, but there's hope! If you have a manufacturer's warranty, original warranty, or extended warranty on your vehicle, we can still help you under the Magnuson-Moss Warranty Act.
Used cars are only covered under the PA Lemon Law if the car had a lemon history that was not disclosed by the dealer prior to purchase. If a dealer misrepresents a vehicle at the time of sale, you may also be covered under the Pennsylvania Unfair Trade Practices Act. We encourage you to reach out to us to determine whether we can help you in these matters.
Yes, as of February 2002, leased cars are covered under the PA Lemon Law.
In his capacity as legal consultant to The Pennsylvania House of Representatives Consumer Affairs Committee, 1-800-LEMON-LAW founding partner Craig Thor Kimmel assisted with PA House Bill 767, which expanded protection to an additional 20% of all new car buyers in Pennsylvania.
Unfortunately, motorcycles are not covered under the PA Lemon Law - but we may still be able to help!
We represent Pennsylvania motorcycle drivers through the Federal Magnuson-Moss Warranty Act, so if you are experiencing problems with your bike, you're still encouraged to submit your information for our review.
We have succeeded in handling many motorcycle breach of warranty cases throughout the state, and we offer the same cost-free representation for these claims as we do under the PA Lemon Law.
Do not attempt to return or abandon the vehicle at the dealership. While issues that occur within days or weeks after you purchase your vehicle can be frustrating, it's essential that you follow the correct procedures in order to have a claim under the PA Lemon Law.
We understand that coping with a defective vehicle can be as exhausting as it is stressful. As a rule, never leave your vehicle at the dealer and declare that you no longer want the vehicle. This might be seen as a voluntary repossession, which could potentially damage your credit. Instead, consult with a PA Lemon Law attorney right away.
Email us, and we will get back to you as soon as possible.
Fill out our Get Rid of Your Lemon form, or call 1-800-LEMON-LAW (1-800-536-6652), and we'll be glad to discuss your situation and your rights under the law.
Eastern PA Office:
30 East Butler Pike
Ambler, PA 19002
Western PA Office:
100 Ross Street
Pittsburgh, PA 15219