Understanding Motor Vehicle Accidents & Louisiana's Lemon Law
Motor vehicle accidents (MVAs) are a common occurrence on Louisiana roads. Whether you’ve experienced a fender bender or a more serious collision, understanding your rights and the legal avenues available to you is crucial. Additionally, if you’ve purchased a vehicle that turns out to be defective, Louisiana’s Lemon Law may offer you some relief.
What Are Motor Vehicle Accidents?
Motor vehicle accidents encompass a wide range of incidents involving cars, trucks, vans, and other motor vehicles. These accidents can result in property damage, personal injury, and legal disputes. If you find yourself involved in an MVA, it’s essential to document the scene, gather evidence, and consult with a knowledgeable attorney who can help you navigate the complexities of the legal system.
Louisiana’s Lemon Law: What You Need to Know
If you’ve purchased or leased a new motor vehicle that isn’t performing as promised, you might be dealing with a “lemon.” Louisiana’s Lemon Law is designed to protect consumers who find themselves in this unfortunate situation. Here’s what you need to know to determine if you qualify and how to proceed:
1. Eligibility Requirements
The Vehicle Must Be Covered
The Lemon Law applies to new motor vehicles sold in Louisiana, including cars, trucks, and vans.
It also covers personal watercraft, ATVs, and motorhome chassis/drivetrains intended for personal use and under warranty after August 15, 1999.
You Must Be a Covered Consumer
You must have purchased or leased the vehicle for personal, family, or household use (not for resale).
If the vehicle was transferred to you during the warranty period, you are entitled to enforce the warranty.
2. What Problems Are Covered?
Any defect or condition that substantially impairs the vehicle’s use or market value is classified as a nonconformity.
3. Reasonable Repair Attempts
A vehicle is presumed to be a lemon if, within the warranty period or within one year of original delivery (whichever comes first):
The same defect has been repaired four or more times and remains unfixed, OR
The vehicle has been out of service for repair for 45 or more calendar days in total.
4. Manufacturer Obligations
If the manufacturer cannot fix the defect within the specified attempts or timeframe, they must either replace the vehicle or repurchase it.
For motorhomes, the repair deadline extends to 90+ days with written notice and a final 10-day repair window.
5. Loaner or Rental Reimbursement
Manufacturers are required to reimburse up to $20 per day for rental costs if:
The vehicle is in the shop for more than 10 working days, OR
The same issue has been repaired twice before and remains unresolved.
This reimbursement applies during the warranty period or for two years, whichever ends first.
6. Deadline to File a Claim
Claims must be filed within:
Three years of the vehicle’s purchase, OR
One year after the warranty expires, whichever is later.
Additional Benefits
In addition to a new vehicle or a refund under Louisiana’s Lemon Law, you may also be entitled to reasonable attorney fees, damages, interest, and court costs if you are successful in your lawsuit or claim.
Conclusion
If you find yourself facing the aftermath of a motor vehicle accident or dealing with a lemon, it’s essential to consult with an experienced attorney who can help you understand your rights and options. At Montiel Hodge, we are here to assist you with any legal issues related to motor vehicle accidents and Lemon Law claims. Don’t hesitate to reach out for a consultation today!