A defect in a new car is frustrating.
A defect that makes you afraid to drive the car is different.
Maybe your brakes behave unpredictably.
Maybe the steering suddenly becomes difficult.
Maybe the vehicle loses power.
Maybe an airbag warning light keeps appearing.
Maybe the car stalls in traffic.
Maybe an electrical problem shuts down important systems.
Whatever the problem, if you believe your vehicle is unsafe, don’t take unnecessary risks trying to prove that it is defective.
Your safety comes first.
Stop Driving If the Vehicle Is Unsafe
If a vehicle has a serious safety problem, don’t continue driving it.
Contact the dealership or manufacturer and ask about appropriate arrangements for getting the vehicle repaired.
If the vehicle needs to be towed, keep the towing records.
Report the Problem Clearly
When you take the vehicle in, be specific.
For example:
“The vehicle lost power while I was driving approximately 45 mph.”
is much more useful than:
“Car feels weird.”
Explain what happened, when it happened, and whether you believe it creates a safety risk.
Keep Every Repair Record
A safety-related repair history can become extremely important.
Keep:
- Repair orders.
- Diagnostic reports.
- Recall notices.
- Manufacturer communications.
- Emails.
- Text messages.
- Photographs.
- Videos.
- Towing records.
- Rental-car records.
Also write down what happened while the event is still fresh in your mind.
Does a Safety Defect Automatically Make a Car a Lemon?
Not necessarily.
Nevada Lemon Law has specific requirements.
The statute addresses nonconformities covered by express warranties that substantially impair the vehicle’s use and value and cannot be corrected after a reasonable number of attempts.
A serious safety problem can fall under Nevada’s Lemon Law, but whether a particular problem satisfies the legal requirements depends on the facts.
What If There Is a Recall?
A recall doesn’t automatically mean Lemon Law applies.
A recall may be relevant evidence that a problem exists, but you still need to examine:
- What the recall concerns.
- Whether your vehicle is affected.
- Whether the repair has been completed.
- Whether the problem continues.
- Whether the recall repair actually fixes the problem.
- Whether there are additional defects.
Keep all recall documentation.
What If the Dealer Says the Problem Is Fixed?
If the problem returns, report it immediately.
If the same defect continues after multiple repair attempts, the repair history becomes increasingly important.
Nevada Lemon Law provides a presumption of a reasonable number of attempts when the same nonconformity has been repaired four or more times and continues to exist, or when the vehicle has accumulated 30 or more calendar days out of service for repairs during the applicable period.
Four repair attempts or 30 cumulative days are important benchmarks under Nevada law—but they aren’t necessarily the only circumstances in which you may have a claim.
Don’t Assume a Safety Problem Has to Be Catastrophic
You don’t have to wait for an accident.
If a vehicle’s braking, steering, acceleration, electrical, restraint, visibility or other systems aren’t functioning properly, report the problem to the dealer immediately.
You don’t need to prove in advance that the defect is legally sufficient.
Your job is to report the problem accurately.
The legal evaluation comes later.
What If the Manufacturer Wants Another Chance?
The manufacturer generally has a right to attempt warranty repairs.
If the manufacturer has already had multiple opportunities and the defect continues, don’t assume you have to keep repeating the same process forever.
Magnuson-Moss May Also Matter
If the vehicle is still covered by the manufacturer’s original warranty, federal warranty law may provide another potential avenue.
The Magnuson-Moss Warranty Act applies to qualifying consumer-product warranties.
You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.
If you’re dealing with a serious defect in a new vehicle, you may be thinking:
“I can’t afford to hire a lawyer.”
For qualifying Lemon Law and warranty cases, you may not have to pay the attorney’s fee out of your pocket.
You don’t pay us. The manufacturer pays our legal fees.
Whether that applies to your situation depends on the legal claims and facts.
Take the Quiz
If you’re dealing with a serious problem with a new vehicle in Nevada:
TAKE THE 30-SECOND NEVADA NEW CAR PROBLEM QUIZ
You don’t have to know whether your vehicle is legally a lemon before you take the quiz.
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