Yahoo Autos Even a Steering Wheel Falling Off Twice Doesn't Make a Car a Lemon
A client of mine was driving along the freeway in Michigan in his new car when the steering wheel fell off in his lap. The steering wheel fell off in his lap.
He jammed the wheel back onto the column and managed to get over to the side of the road without dying or crashing and he called the dealer. They towed the car in and put the steering wheel back on properly. They told him that something had come apart "in there" and it was all good now.
Most people who hear that story are horrified at the thought of it. But that's not the worst part: In Michigan, and many other states, the car would not qualify as a "lemon" yet under the state Lemon Law. Here, the steering wheel would have to fall off at least two more times and then – after the third repair attempt failed – he could send a last chance letter and demand that the car be fixed or bought back. And yes, that means the manufacturer could offer to fix the steering wheel a fourth time. And THEN, if it fell off a fourth time, the manufacturer would be facing a good Lemon Law claim.
As crazy as all this sounds, it is true and something which can occur anywhere. The good news is that some states (Ohio, for example) have an extra category of lemonhood. If a vehicle suffers a failure which is likely to cause "death or serious bodily injury" then the owner only has to bring the vehicle in once before they send their last chance letter. And yes, that means the first repair had to fail. The owner in the above scenario would still have to suffer through two "The Steering Wheel Fell Off In My Lap" episodes before getting any legal relief under the state Lemon Law.
This is one of those examples which I like to point to when noting that Lemon Laws do not cover every contingency an owner of a defective car might face nowadays. There is good news, though. The Federal law – the Magnuson Moss Warranty Act – only requires you to suffer through a "reasonable" number of repair attempts before seeking legal redress. I would argue – as would most rational people – that a life-threatening defect should not require as many repair attempts as something more mundane. Wind noise or a water leak? Sure, bring that in four times. Brakes fail, or the steering wheel falls off? A driver of that car might not survive to see a Lemon Law claim. And I think most people understand that.
So, if you have a defective car, remember that there are more laws out there than just the Lemon Law. Especially if your car is trying to kill you.
Steve Lehto is a writer and attorney from Michigan. He specializes in Lemon Law and frequently writes about cars and the law. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. He also has a podcast where he talks about these things.
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