When something goes wrong with a new vehicle, one question matters more than almost anything else:
Is the vehicle safe?
A vehicle does not have to be completely disabled for a safety-related defect to be serious.
Problems involving braking, steering, acceleration, electrical systems, airbags, restraints, power loss, or other safety-related systems deserve prompt attention.
But does a safety problem automatically make a vehicle a lemon?
Not necessarily.
A safety defect can be extremely important in evaluating a potential Lemon Law claim, but the legal analysis depends on the specific facts.
Examples of potentially serious safety problems
New vehicles are increasingly complicated computers on wheels.
A problem can involve mechanical components, software, sensors, cameras, computers, or communications between different vehicle systems.
Examples include:
- unexpected loss of power;
- sudden stalling;
- braking problems;
- steering problems;
- recurring airbag warnings;
- restraint-system problems;
- repeated electrical shutdowns;
- failure of safety cameras;
- warning systems that activate unexpectedly;
- doors or locks that malfunction;
- repeated overheating; and
- serious driver-assistance system failures.
The important point is not simply the name of the component.
It is what the problem does.
Tell the dealer exactly what happened
If your vehicle suddenly loses power while you are driving, don’t simply tell the service adviser:
“The car doesn’t run right.”
Be specific.
Explain:
“While traveling approximately 45 mph, the vehicle suddenly lost power and would not accelerate.”
Specific descriptions can help the dealership understand the complaint.
They also create a much better record of what happened.
What if the problem cannot be reproduced?
This is common with intermittent safety defects.
The technician may say:
“Unable to duplicate concern.”
That does not necessarily mean the problem did not occur.
If it happens again, document it.
If you can safely record the warning message or dashboard display, do so.
Never operate your phone while driving simply to obtain a video.
Recalls and Lemon Law are different
A recall does not automatically mean that every affected vehicle is a Lemon Law vehicle.
A recall means that a manufacturer or government agency has identified a safety or compliance issue requiring a remedy.
A Lemon Law analysis is different.
It focuses on the vehicle’s warranty, the reported nonconformity, repair opportunities, and the effect of the defect on the vehicle.
A recall can nevertheless be an important piece of information about a vehicle problem.
What if the dealership says there is no safety issue?
Tell the dealership to put it in writing.
You should also keep copies of:
- recall notices;
- repair orders;
- manufacturer communications;
- technical service bulletins;
- diagnostic reports;
- photographs;
- videos; and
- messages with the dealership.
When should you consider talking to a lawyer?
If a serious safety problem keeps returning after repairs, or if the vehicle has spent substantial time out of service, it may make sense to have the vehicle’s repair history evaluated by a lawyer.
Nevada’s Lemon Law applies when a new motor vehicle does not conform to applicable express warranties and the manufacturer or its authorized repair facilities cannot conform the vehicle after a reasonable number of attempts. Nevada law specifically addresses four repairs for the same nonconformity and 30 cumulative days out of service as important presumptions.