So you’ve bought a new car and things aren’t going well. What do you do when you think you have a lemon on your hands?
Well, first, are you sure it’s a lemon?
Dealer and agent section chief with the Wisconsin DOT and DMV, Maura Schifalacqua, is an expert on the lemon law, she says, “So what constitutes a lemon is a new vehicle that is not more than a year old and it’s still under warranty. It does include motor vehicles, it includes motorcycles, and it includes motorhome. It has to be a self-propelled vehicle that is subject to registration.”
So no, you can’t claim you have a lemon if it’s a used car, contrary to popular belief. And that clock is ticking, since it can only be deemed a lemon within its first year.
Schifalacqua explains, “One of the following things need to happen within that first year is that you brought this vehicle in to get repaired, at least four times, for that specific issue, or if the vehicle was unable to be operated or 30 or more days due to the defects. And those 30 days do not need to be consecutive.”
You’ve checked those boxes, now what?
“If you believe you’ve met those requirements and you want to file a claim with the manufacturer, we do have a form that consumers can use. It does kind of outline all the information the manufacturer is going to need to know,” says Schifalacqua.
Collect information like all the dealership repair orders, diagnostics, and anything you have to prove that you brought the car in to be fixed all those times, and it’s still not fixed.
With all this information in hand, you’d send your complaint to the manufacturer, not the state. Even though the state does have someone well-versed in the Lemon Law process, the Wisconsin DOT is mainly there for guidance.
I’m sure you can come up with plenty of questions to ask, such as, what happens if your defect causes a car accident? Who’s responsible?
Schifalacqua says, “The law doesn’t address that specific question. And frankly, I think it would be something that would have to be settled within court for a judge to decide.”
So, a quick recap. A Lemon is:
- any new self-propelled vehicle, less than a year old and under warranty,
- it has been brought in to be fixed for the same defect at least four times
- or not been drivable for 30 or more days due to the defect.
Once you’ve ticked those boxes, what do you do when you think you have a lemon on your hands?
That’s where the Wisconsin DOT website comes in. They’ve got everything spelled out step by step.
So, there you have it, intrepid new car owner. You’ll have your refund or be in a NEW, new car in no time.
Drivers Ed with Debbie is an on-going series focusing on different driving related topics you might not have considered. Check out some of the other episodes: