West Virginia lemon law: when your car is a lemon and how to claim
In West Virginia, a new car counts as a lemon after 3 repairs for the same problem, 1 for a serious safety defect or 30 calendar days in the shop within the first 12 months. First, send the manufacturer a written notice: the free letter below does it.
Checked against official sources: Oct 22, 2026
Your next 4 steps in West Virginia
Keep every repair order
Get a written repair order at every visit, with the date, mileage and days in the shop. In West Virginia, a car is presumed a lemon after 3 repairs for the same problem, 1 for a serious safety defect or 30 calendar days in the shop.
Send the manufacturer a written notice
Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Write your notice letter ↓
Let the manufacturer make its final repair attempt
If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.
Ask for a refund or replacement, use arbitration, or call a lawyer
If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below. If you win, the court can make the manufacturer pay your lawyer (see What you can get), so many lemon law lawyers charge nothing up front.
When a car is a lemon in West Virginia
Within the warranty or 1 year (whichever is earlier), your vehicle is presumed a lemon if the same defect has been repaired 3 or more times and still exists, a defect likely to cause death or serious injury has been repaired at least once and still exists, or the vehicle has been out of service for repairs a total of 30 or more calendar days. The presumption applies only if the manufacturer received prior written notice from you and had at least one chance to fix the defect.
Period: The presumption counts repairs made within the express warranty term or 1 year from original delivery, whichever ends first. (The manufacturer's duty to repair defects you report lasts for the warranty term or 1 year, whichever is longer.)
Is your car a lemon in West Virginia? A quick check
Notice to the manufacturer
Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Without this, the lemon presumption does not apply (W. Va. Code § 46A-6A-5(c)).
Arbitration
Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). If a qualified third-party dispute program exists and you were told about it in writing in time, you must use it before you sue. These programs are supervised by the Attorney General's Consumer Protection Division. If no qualified program exists, or you are unhappy with the decision, you can sue.
Deadline to sue or file in West Virginia
Sue within 1 year after the express warranty term ends (W. Va. Code § 46A-6A-4(d)). Time spent in a third-party dispute program pauses the deadline (§ 46A-6A-8(c)).
What you can get
The manufacturer must replace the vehicle with a comparable new one. In a lawsuit you can get: revocation of acceptance and a refund of the purchase price, including sales tax, license and registration fees and other reasonable purchase expenses (or damages for lost value); repair costs; damages for loss of use, annoyance or inconvenience, including replacement transportation costs; and attorney fees. The statute sets no use deduction.
Attorney fees: Yes, a court may award reasonable attorney fees to the consumer (W. Va. Code § 46A-6A-4(b)(4)).
Free lemon law notice letter
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.
Send it by certified mail with return receipt so you have proof, and keep the receipt.
Who to contact
- Office
- West Virginia Attorney General – Consumer Protection and Antitrust Division
- Phone
- 800-368-8808
What the law covers
- New vehicles
- Yes
- Used vehicles
- Yes
- Leased vehicles
- Not specified
- Which vehicles
- Passenger cars bought in West Virginia or registered and titled there, including pickups and vans registered as Class A vehicles and the self-propelled chassis of motor homes (Class A or B). Since June 2024 it also covers self-propelled farm vehicles of 20 horsepower or more used in farming. The manufacturer must make or distribute at least 10 new vehicles a year.
- Who can claim
- The buyer (not for resale) of a new vehicle used mainly for personal, family or household purposes, anyone the vehicle is transferred to for those purposes while the express warranty lasts, and anyone else entitled to enforce the warranty. For farm vehicles, the personal-use limit does not apply.
Good to know
- A 2024 amendment (SB 802, effective June 2, 2024) extended the law to farm vehicles of 20 horsepower or more.
- A defect that could cause death or serious injury needs only one failed repair attempt to trigger the presumption (§ 46A-6A-5(b)).
- You can sue only the manufacturer under this law, not the dealer (§ 46A-6A-4(e)).
Questions about West Virginia's lemon law
How many repair attempts make a car a lemon in West Virginia?
Within the warranty or 1 year (whichever is earlier), your vehicle is presumed a lemon if the same defect has been repaired 3 or more times and still exists, a defect likely to cause death or serious injury has been repaired at least once and still exists, or the vehicle has been out of service for repairs a total of 30 or more calendar days. The presumption applies only if the manufacturer received prior written notice from you and had at least one chance to fix the defect.
How long does West Virginia's lemon law cover a car?
The presumption counts repairs made within the express warranty term or 1 year from original delivery, whichever ends first. (The manufacturer's duty to repair defects you report lasts for the warranty term or 1 year, whichever is longer.)
Do I have to notify the manufacturer in West Virginia?
Send the manufacturer written notice of the defect and give it at least one opportunity to fix it. Without this, the lemon presumption does not apply (W. Va. Code § 46A-6A-5(c)).
Do I have to go to arbitration in West Virginia?
If a qualified third-party dispute program exists and you were told about it in writing in time, you must use it before you sue. These programs are supervised by the Attorney General's Consumer Protection Division. If no qualified program exists, or you are unhappy with the decision, you can sue.
What can I get under West Virginia's lemon law?
The manufacturer must replace the vehicle with a comparable new one. In a lawsuit you can get: revocation of acceptance and a refund of the purchase price, including sales tax, license and registration fees and other reasonable purchase expenses (or damages for lost value); repair costs; damages for loss of use, annoyance or inconvenience, including replacement transportation costs; and attorney fees. The statute sets no use deduction.
Is there a deadline to file a lemon law claim in West Virginia?
Sue within 1 year after the express warranty term ends (W. Va. Code § 46A-6A-4(d)). Time spent in a third-party dispute program pauses the deadline (§ 46A-6A-8(c)).
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawSources
- W. Va. Code chapter 46A, article 6A
- W. Va. Code § 46A-6A-2 Definitions
- W. Va. Code § 46A-6A-4 Civil action by consumer
- W. Va. Code § 46A-6A-5 Presumption of reasonable number of attempts
- W. Va. Code § 46A-6A-8 Third party dispute resolution
- Enrolled Senate Bill 802 (2024)
- WV Attorney General – Consumer Protection and Antitrust Division
Last checked: Oct 22, 2026.
Law: Consumer Protection – New Motor Vehicle Warranties (West Virginia Lemon Law), W. Va. Code §§ 46A-6A-1 to 46A-6A-9