Lemon-law claims generally come down to the same things: repair attempts, days out of service, and whether you're still inside the eligibility window. Organize those facts and get a free letter outline; the full demand letter is in the $39 Case Pack.
| Eligibility window | The term of the express warranties or 1 year following original delivery, whichever is the EARLIER date - confirmed directly from § 46A-6A-5's own text (a prior pass had this backwards as 'later') |
|---|---|
| Repair-attempt presumption | 3 repair attempts |
| Days-out-of-service presumption | 30 days |
| Citation | W. Va. Code Sections 46A-6A-1 through 46A-6A-9 |
Source: W. Va. Code Sections 46A-6A-1 through 46A-6A-9
West Virginia's lemon law covers a new motor vehicle purchased in the state on or after January 1, 1984, that does not conform to its express warranties. The statute's own vehicle definition (Section 46A-6A-2(4), per a direct quote) is notably narrow: it lists only passenger automobiles, pickup trucks and vans subject to Class A registration, and the self-propelled chassis of motor homes registered as Class A or B vehicles - motorcycles are not named in this definition. A consumer must allow the manufacturer at least three attempts to fix the defect, or the vehicle must have been out of service for a cumulative 30 or more calendar days, before a lawsuit can be brought; written notice giving the manufacturer at least one opportunity to cure is required. The applicable window is the warranty term or one year following original delivery, whichever is the EARLIER date, confirmed directly from § 46A-6A-5's own text.
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