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What is the Lemon Law in Kentucky?
In the state of Kentucky, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Kentucky Lemon Law?
Kentucky lemon law covers leased and new passenger vehicles, SUVs, vans, and trucks that are purchased or leased by Kentucky residents and that are purchased or leased in Kentucky. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first 12 months from the delivery date or the first 12,000 miles (whichever comes first)
- Has been taken in four times for the same defect or has been out of service for cumulative total of 30 calendar days
- It is used primarily for personal, family, or household purposes
Even if your car doesn’t qualify under Kentucky lemon law, the state has another law that requires vehicle manufacturers to provide consumers with a cost-free informal dispute resolution system if:
- The vehicle is used primarily for personal, family, or household purposes and you are the original owner
- The defect occurred during the first two years or 25,000 miles, whichever comes first
- You are a Kentucky resident and you purchased the car in Kentucky
The decision in the informal dispute resolution system is binding on the manufacturer, but not on the consumer.
Kentucky Statutes 367.840 KRS to 367.846 & 367.860 to 367.870 are the state’s lemon laws.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
The law makes car manufacturers pay legal fees.
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Does the Kentucky Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the KY Lemon Law.
Getting Lemon Justice — Relief Under Kentucky Law
Kentucky lemon law provides several options for a successful lemon law claimant. You may be awarded a replacement vehicle of the same year, make, and model, or receive a refund can include:
- The full contract price of the vehicle
- Finance charges
- Sales tax
- License fee
- Registration fee
- Collateral charges
- Attorney’s fees
The amount of the refund may be reduced by a deduction for your use of the vehicle.
Pursuing a KY Lemon Law Claim
Under Kentucky lemon law, you must notify the manufacturer of the problem with your vehicle within 12 months of taking delivery of the vehicle or the first 12,000 miles (whichever comes first). You should send the notice via certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
If you have a new car lemon law claim, you must first participate in the manufacturer’s arbitration process before filing a lemon law lawsuit.
Hiring a Lemon Law Lawyer in Kentucky
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
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