When you purchase a car in New York—whether new or used—you expect it to be safe, reliable, and perform as promised. Unfortunately, defective vehicles remain a serious issue across the state. Faulty brakes, defective airbags, transmission failures, and electrical malfunctions continue to put drivers and passengers at risk. Thankfully, New York's comprehensive Motor Vehicle Defects Law offers strong consumer protections.
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This law provides a multi-layered legal framework combining statutory warranties, product liability rules, and a specialized arbitration process. It ensures that manufacturers, dealers, and distributors are held accountable for defects in design, manufacturing, or marketing. Remedies for consumers include vehicle refunds, replacements, and compensation for injuries and damages.
Understanding Motor Vehicle Defects Under New York Law
New York law defines a motor vehicle defect as any flaw that significantly impairs a vehicle's use, value, or safety, breaches express or implied warranties provided by manufacturers or dealers, or causes physical injury or property damage due to design flaws, production errors, or inadequate warnings. This broad definition encompasses everything from minor inconveniences to life-threatening safety defects.
The law applies to both new and used vehicles that are purchased, leased, or registered in New York—excluding certain specialized vehicles like motor homes and off-road vehicles. This broad scope ensures that most New York consumers have legal protections regardless of where the vehicle was purchased or how it was financed.
Examples of motor vehicle defects include faulty brake systems that fail to stop the vehicle safely, engine malfunctions that cause sudden acceleration or stalling, airbags that fail to deploy in crashes, transmission problems that prevent proper shifting, electrical system failures that affect critical safety features, and steering defects that cause loss of vehicle control.
New York's New Car Lemon Law (General Business Law §198-a)
The New Car Lemon Law protects buyers or lessees of new vehicles with persistent and significant defects. It ensures that consumers are not left with unsafe or unusable vehicles that manufacturers are unable or unwilling to repair.
Coverage and Eligibility Requirements
The New Car Lemon Law mandates that manufacturers repair defects that arise within the first 18,000 miles or two years of delivery, whichever comes first. This coverage period ensures that early defects are addressed while the vehicle is still relatively new and under manufacturer warranty.
To qualify for protection under the New Car Lemon Law, several requirements must be met. First, the vehicle must be used primarily for personal, family, or household purposes rather than commercial use. Second, the defect must persist after reasonable repair attempts, specifically four unsuccessful repair attempts for the same problem or the vehicle being out of service for 30 or more cumulative days due to warranty repairs.
The law recognizes that some defects are so serious that they shouldn't require multiple repair attempts. For safety-related defects that could cause death or serious bodily injury, only one unsuccessful repair attempt is required if the manufacturer or dealer fails to fix the problem.
Remedies Available to Consumers
When a vehicle qualifies as a "lemon" under the law, consumers can choose between two primary remedies: replacement or refund. For replacement, the manufacturer must provide a comparable new vehicle of the same make and model, or if that's not available, a vehicle that the consumer agrees is substantially equivalent.
For refunds, the manufacturer must repay the full purchase price or lease payments, minus a reasonable allowance for the consumer's use of the vehicle before the first repair attempt. This "mileage deduction" ensures that consumers don't receive a windfall while still providing meaningful compensation for the defective vehicle.
The Arbitration Process
New York's Lemon Law offers a state-administered arbitration program that provides an efficient alternative to costly litigation. If a consumer requests arbitration, manufacturers must participate in the process, which is designed to be faster and less expensive than court proceedings.
The arbitration process begins when a consumer files a "Request for Arbitration" form with the New York Attorney General's office. An independent arbitrator then reviews the case and makes a binding decision. If the consumer prevails, the manufacturer must comply with the arbitrator's decision and may be required to pay the consumer's attorney fees.
New York's Used Car Lemon Law (General Business Law §198-b)
Recognizing that many New Yorkers purchase pre-owned vehicles, the state has also enacted protections for used car buyers through the Used Car Lemon Law. This law ensures that even pre-owned vehicles must meet certain reliability standards and that dealers cannot simply sell defective cars without consequence.
Warranty Requirements for Used Vehicles
Dealers must provide a written warranty for used vehicles priced over $1,500 with fewer than 100,000 miles. The length of this warranty depends on the vehicle's mileage at the time of sale:
- 36,000–79,999 miles: 60 days or 3,000 miles
- 80,000–100,000 miles: 30 days or 1,000 miles
This tiered approach recognizes that higher-mileage vehicles are more likely to experience problems while still providing meaningful protection for used car buyers. The warranty requirements cannot be waived or disclaimed, ensuring that all eligible used car purchasers receive these protections.
Covered Components and Systems
The used car warranty covers critical vehicle systems including the engine, transmission, brakes, steering, electrical components (excluding batteries), air conditioning, and heating systems. Notably, the warranty excludes certain wear items like tires and batteries, focusing instead on major systems that are essential for safe vehicle operation.
Enforcement and Available Remedies
If a covered defect occurs during the warranty period and the dealer cannot repair it after three attempts, or if the vehicle is out of service for 15 or more days due to warranty repairs, consumers may demand either a refund of the purchase price (minus deductions for damage unrelated to the defect) or cancellation of a lease agreement.
For example, if a used SUV develops persistent steering problems that the dealer cannot fix within the warranty period despite multiple attempts, the buyer would be entitled to a full refund under the Used Car Lemon Law.
Product Liability for Defective Vehicles
Beyond the specific protections of the Lemon Laws, New York's general product liability laws provide additional avenues for compensation when vehicle defects cause accidents, injuries, or other damages. These laws recognize that defective vehicles can cause harm that goes far beyond the vehicle's value itself.
Legal Theories for Vehicle Defect Claims
New York recognizes several legal theories for pursuing compensation in vehicle defect cases. Strict liability focuses on whether the product itself was unreasonably dangerous, regardless of the manufacturer's intent or level of care. This theory is particularly powerful because it doesn't require proving that the manufacturer was negligent.
Negligence claims require demonstrating that the manufacturer breached a duty of care owed to consumers, such as by ignoring safety tests, using substandard materials, or failing to implement known safety improvements. These claims often involve evidence of the manufacturer's specific conduct during the design and production process.
Breach of warranty claims apply when vehicles fail to meet express promises or the implied guarantee of being roadworthy. These claims can be particularly effective when manufacturers have made specific safety or performance claims that prove to be false.
Types of Vehicle Defects in Product Liability Cases
Design defects affect entire vehicle lines and represent fundamental flaws in how the vehicle was conceived. Examples include SUVs with high centers of gravity that make them prone to rollovers, or fuel tank designs that increase the risk of fires in rear-end collisions.
Manufacturing defects occur during production when individual vehicles deviate from their intended design. These might include faulty welds that compromise structural integrity, electrical system assembly errors that cause fires, or improper installation of safety equipment.
Marketing defects involve failures to provide adequate warnings about known risks or proper instructions for safe use. These cases often arise when manufacturers discover safety problems after vehicles are sold but fail to adequately warn consumers or issue timely recalls.
Recent Developments and Enforcement Trends
New York's approach to motor vehicle defects continues to evolve with changing technology and emerging safety concerns. Courts have begun applying traditional product liability principles to new technologies, including self-driving car software failures, which are increasingly treated as manufacturing defects when they cause accidents.
The rise of electric vehicles has also created new categories of potential defects, particularly involving battery systems, charging equipment, and electronic control systems. Recent settlements in other product liability cases, such as the $38.5 million settlement for defective hoverboard batteries that caused fires, illustrate how New York courts approach cases involving lithium-ion battery defects that could apply to electric vehicles.
Procedural Requirements and Timing
Understanding the procedural requirements and deadlines for motor vehicle defect claims is crucial for protecting your rights. Different types of claims have different limitation periods, and missing these deadlines can forever bar your ability to seek compensation.
For personal injury claims arising from vehicle defects, New York imposes a three-year statute of limitations from the date of injury. Breach of warranty claims have a four-year limitation period from when the vehicle was delivered. Lemon Law claims generally must be filed within four years for new cars, while used car warranty claims must be made within the specific warranty periods outlined in the law.
The arbitration process for Lemon Law cases has its own procedural requirements, including specific notice requirements and documentation standards. Consumers must provide written notice of defects to manufacturers and allow reasonable opportunities for repair before pursuing arbitration or litigation.
Practical Steps for Protecting Your Rights
If you believe you have a defective vehicle, taking the right steps early can significantly impact your ability to obtain compensation or other remedies. First and most importantly, document everything related to the defect and your attempts to have it repaired. Keep detailed records of all repair attempts, including dates, descriptions of problems, work performed, and parts replaced.
Preserve all communications with dealers and manufacturers, including emails, letters, and notes from phone conversations. Take photographs or videos of any visible defects or damage, and obtain independent inspections when appropriate to corroborate your claims about the vehicle's condition.
Follow the proper notice procedures required under the Lemon Laws, providing written notice of defects to manufacturers and allowing reasonable opportunities for repair. If repairs are unsuccessful, consider filing for arbitration through the Attorney General's office before pursuing litigation.
If you have been seriously injured by a defective motor vehicle you’ve purchased, and are unsure whether or not you are eligible for a personal injury claim, contact our experienced product liability lawyers at the Porter Law Group for a free consultation. We can review your case, and walk you through all of your options to secure your rights.
When to Consider Legal Action for an Injury Caused by a Defective Vehicle
While the Lemon Laws and arbitration processes can resolve many defective vehicle cases, some situations require more aggressive legal action. If your defective vehicle has caused personal injuries, property damage beyond the vehicle itself, or significant financial losses that exceed the vehicle's value, you may need to pursue product liability litigation. Reach out to the Porter Law Group for a free case evaluation, and learn more about your legal options from an experienced personal injury lawyer.
Similarly, if manufacturers refuse to honor arbitration decisions or attempt to avoid their obligations under the Lemon Laws, litigation may be necessary to enforce your rights. Cases involving safety defects that pose ongoing risks to public safety may also warrant legal action beyond simple replacement or refund remedies. View the results we’ve achieved for previous clients, and consider reaching out to us for more information.
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Why Choose the Porter Law Group
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
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When you or a loved one's life has been devastated by a serious personal injury in New York, don't hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Contact a New York Motor Vehicle Defect Attorney Today
If you're dealing with a defective vehicle, whether through persistent mechanical problems, safety defects, or injuries caused by vehicle malfunctions, don't navigate this complex legal landscape alone. New York's Motor Vehicle Defects Law provides important protections, but enforcing these rights often requires experienced legal guidance.
At the Porter Law Group, we offer free, no-obligation consultations to evaluate your case and explain your legal options under both the Lemon Laws and product liability principles. We work on a contingency fee basis, which means there are no attorney fees unless we win your case.
Whether you're seeking a refund under the Lemon Law, pursuing compensation for injuries caused by a defective vehicle, or fighting a manufacturer's refusal to honor warranty obligations, we have the experience and resources to protect your rights. Contact the Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to schedule your free consultation and learn how we can help you obtain the compensation and resolution you deserve.
