PA Lemon Law FAQ
Answers to Frequently Asked Questions
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.
- What is the Pennsylvania Lemon Law and who does it protect?
- How is representation free under the Pennsylvania Lemon Law?
- Must a problem always occur three times or more to be considered a lemon under the PA Lemon Law?
- What happens when I experience my first issue after 12 months/12,000 miles?
- Does the Pennsylvania Lemon Law cover used cars and trucks?
- Does the Pennsylvania Lemon Law cover leased vehicles?
- Does the Pennsylvania Lemon Law cover motorcycles?
- I just bought my car and am already experiencing issues. What should I do?
- What is the proper procedure for opening a PA Lemon Law claim?
- Where can I find more info about the Pennsylvania Lemon Law?
There's zero risk and no cost to you when filing your Lemon Law claim, regardless of whether you win or lose.
What is the Pennsylvania Lemon Law and who does it protect?
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.
How is representation free under the Pennsylvania Lemon Law?
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.
Must a problem always occur three times or more to be considered a lemon under the PA Lemon Law?
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.
What happens when I experience my first issue after 12 months/12,000 miles? Do I still have a claim under the Pennsylvania 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.
Does the Pennsylvania Lemon Law cover used cars and trucks?
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.
Does the Pennsylvania Lemon Law cover leased vehicles?
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.
Does the Pennsylvania Lemon Law cover motorcycles?
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.
I just bought my car and am already experiencing issues. What should I do?
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.
What is the proper procedure for opening a PA Lemon Law claim?
This is the proper procedure for opening a claim under the PA Lemon Law:
- Take your car or truck back to the dealership to have it checked and/or repaired.
- Secure a repair invoice when you pick up your vehicle.
- Double-check the repair invoice to confirm it accurately outlines the problems you discussed with the service manager.
- Keep track and be sure to record all of your repair visits.
- Please maintain a copy of every invoice – these invoices will make it easier to process your claim.
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.
Where can I find more info about the Pennsylvania Lemon Law?
Email us, and we will get back to you as soon as possible.