How to File an Ohio Lemon Law Claim for Persistent Engine Failures
Buying a new vehicle should be an exciting and stress-free experience, but unfortunately, that is not always the case. If you have purchased a new vehicle in Ohio and are experiencing persistent issues, such as engine failures, your vehicle may be a lemon, and you may be entitled to compensation under the Ohio Lemon Law.
At Ronald S. Weiss, Attorney & Counselor, we understand how frustrating and stressful it can be to deal with a new vehicle that doesn’t work as it should. Persistent engine failures are inconvenient and can pose serious safety risks to you and others on the road.
We are experienced in handling lemon law claims in Ohio and standing up for consumers who have been burdened with defective vehicles. Here, we’ll explore how you can file a Lemon Law claim in Ohio for persistent engine failures and pursue compensation.
Understanding Ohio Lemon Law
Under Ohio Revised Code Sections 1345.71 to 1345.78, Ohio's lemon law provides protection for consumers who purchase or lease new vehicles with substantial defects. These defects must impair the vehicle’s use, value, or safety, and they must occur within the first 12 months or 18,000 miles of vehicle use.
If persistent engine issues render your vehicle unreliable, you may qualify for a remedy under this law. However, Ohio's lemon law applies only to new or leased vehicles intended for personal, family, or household use. Used vehicles or those purchased "as-is" without a warranty are generally excluded from lemon law protection.
How to Determine if Your Vehicle Qualifies as a Lemon
If your newly purchased or leased vehicle has experienced persistent engine failures, you will first need to determine whether it qualifies as a lemon before pursuing compensation under Ohio's lemon law. To qualify as a lemon in Ohio, your vehicle must:
Have a significant defect that is covered by the warranty that occurred within a specific period or after a number of miles traveled. In Ohio, the defect must have occurred within the first 12 months or 18,000 miles of use, whichever comes first.
Have a substantial defect that can't be fixed after a reasonable number of repair attempts. In Ohio, this must include either eight or more repairs to fix the problem, or one attempt to repair a defect likely to cause death or serious injury.
Have spent 30 days or more at the dealership for repairs within the first year of purchase.
Once you determine whether your vehicle qualifies as a lemon, you can then begin documenting your claim and taking the following steps to seek compensation under Ohio lemon law.
How to File an Ohio Lemon Law Claim
If you are dealing with a lemon after purchasing or leasing a new vehicle in Ohio, you have the right to file a claim to pursue compensation. Ohio law is strict when it comes to lemons, so it's important to follow these steps to improve your chances of a successful outcome.
1. Gather All Relevant Documentation
Documentation is key to building a successful lemon law claim. You will typically need to compile thorough records of your vehicle’s history when submitting your claim. The key documents you will need to submit include:
Purchase or lease agreement as proof of ownership and warranty coverage.
Repair orders and receipts for every service attempt, ensuring that each outlines the specific issues and actions attempted.
Correspondence with the dealership or manufacturer, such as emails, letters, or phone call records.
When your claim involves persistent engine failures, it's important to specifically note the symptoms you’ve experienced (e.g., stalling, difficulty starting, unexpected shutdowns) and how these issues affect the car’s use, safety, or value.
2. Notify the Manufacturer
Under Ohio’s Lemon Law, you are required to provide the vehicle manufacturer (not just the dealership) with a final opportunity to fix the defect. Most manufacturers have processes for handling lemon law claims, and you must follow their protocols to give them this chance.
This notification is typically done in writing, and we strongly recommend sending it via certified mail to maintain proof of your submission. Be sure to keep a copy of your written notice, which should outline the following:
The specific defect (persistent engine failures, in this instance).
The dates and details of prior repair attempts.
A request for a final repair, a replacement vehicle, or a refund.
3. Participate in Arbitration (if applicable)
Many manufacturers include an arbitration clause in their warranty agreements. Arbitration is an informal process that allows a neutral third party to mediate the dispute between you and the manufacturer. This step must often be completed before you can file a lawsuit.
Arbitration is not legally binding unless you agree to the decision. However, it is an opportunity to possibly resolve your claim without the need for lengthy legal proceedings. If the arbitrator sides with you, the manufacturer may agree to buy back the vehicle or provide a replacement.
4. File a Lawsuit if Necessary
If arbitration is unsuccessful or if the manufacturer fails to address your claim to your satisfaction, you will typically need to file a lawsuit under Ohio lemon law. At this stage, it’s crucial to involve an experienced attorney who can advocate on your behalf.
At Ronald S. Weiss, Attorney & Counselor, we are experienced in guiding our clients through every phase of the legal process. We can help you build a strong case, negotiate with the manufacturer, and represent your interests in court if necessary.
Potential Compensation for an Ohio Lemon Law Claim
If your lemon law claim is successful, you may be entitled to compensation or a remedy under Ohio law. Typically, you will have two options for compensation: to receive a replacement vehicle or a refund.
Replacement vehicle: If your vehicle is a lemon, the manufacturer may be required to provide you with a replacement vehicle that is of comparable value and similar features. This means they will either give you a new vehicle or a low-mileage used one.
Refund: Instead of receiving a replacement vehicle, you may be eligible for a refund of the purchase price of your defective vehicle. This includes any down payments, monthly payments, and taxes or fees associated with the purchase.
In addition to these options, Ohio law also allows for compensation for any incidental damages caused by the defective vehicle. This can include things like towing fees, rental car costs, and repair expenses.
Contact an Experienced Lemon Law Attorney in Ohio Today
Filing a lemon law claim in Ohio can be complicated, especially when manufacturers make it difficult to reach a fair resolution. However, you don't have to settle for your defective vehicle. At Ronald S. Weiss, Attorney & Counselor, our firm provides the dedicated support you need. From helping you organize documentation to advocating for compensation in court, we’ll work tirelessly on your behalf.
If you’re dealing with persistent engine failures or any other substantial vehicle defects covered under Ohio’s Lemon Law, contact us today to schedule a consultation. With offices in Toledo, Ohio, and West Bloomfield, Michigan, we serve clients throughout Ohio and Michigan.