Don’t Buy Cars That Have Been Through Floods
Does Lemon Law cover water damage? In rare cases, yes, but you are better off avoiding any car that has been in a flood.
Recent hurricanes have battered Florida, Georgia, Tennessee and the Carolinas, leaving significant flooding in their wake. Owners of new vehicles and dealerships now find themselves with vehicles that have been flooded. These flood cars can come with significant problems and leave buyers with limited options for relief.
Can You Use Lemon Law for Water Damage to a Vehicle?
In the overwhelming majority of cases, Lemon Law cannot be used to get a Lemon Buyback or exchange if the vehicle was caught in a flood. Lemon Law applies only to defects covered under a manufacturer warranty, and warranties require owners to take steps to protect their vehicles. If you drove the vehicle through rising waters and it flooded, you have voided that warranty. If you left a vehicle at home during a storm and it was caught in a flood, the warranty will not apply.
The only exception to this rule would be a vehicle like the Ford Bronco Everglades Edition, which shipped with a snorkel system and specs that allowed it to operate in up to 3 feet of water. To qualify for Lemon Law, a vehicle like this must have factory-installed equipment and specific warranty language that covers water operation. After-market snorkels are not covered by a warranty, and installing them is likely to void your car warranty and your Lemon Law protection.
Even if a vehicle is rated for water use, the manufacturer may fight a Lemon Law claim on the grounds that you traveled through water deeper than what the warranty allows, or that the vehicle was not in use when it was submerged. An experienced Lemon Law attorney is the best way to navigate claims for these water-rated vehicles.
What Options Exist Beyond Lemon Law for a Flooded Car?
If you drove your car into deep water, you will be on your own for repairs. Insurance policies have exclusions for reckless operation. Driving in extreme weather qualifies as reckless operation and prevents you from filing a claim.
If your vehicle was parked in an area that flooded, you can file a claim for repairs if you have comprehensive insurance that includes flood coverage. Comprehensive coverage is not required by law, but it is almost always required by lenders when you buy a new car. This is the best route to repairing flood car damage.
Note that a flood insurance policy will not include coverage for your vehicles. The National Flood Insurance Program (NFIP) limits coverage to structures.
Can I Use Lemon Law on a Car Bought After a Flood?
Sadly for consumers, you cannot use Lemon Law on a car that was submerged during a flood. Flooding voids the vehicle warranty that is the basis of Lemon Law protection.
For this reason, you want to avoid buying a flood car. There have been cases where dealerships in flooded areas shipped submerged cars off to other parts of the country and attempted to sell them with clean titles.
How Can I Avoid Buying a Flood Car?
Ask questions and do research if you think you are looking at a flood car. The title for any submerged vehicle must include a salvage or partial salvage notation if it was underwater. Flood damage and related repairs should also appear on a Carfax report. If a dealer is unwilling to show you the title or give you a Carfax, these are red flags and you should shop elsewhere.
You can also ask about the vehicle’s history. New cars may bounce around to different parts of the country before they sell. Used cars can have an extensive history of sales and transfers, including vehicle auctions. Ask the dealer where the car has been. If it has been in, or even near, areas that experienced significant flooding, do not buy.
What Can I Do If I Bought a Flood Car?
You do not have Lemon Law protection for a flooded car, even if it meets all other Lemon Law criteria. Comprehensive auto insurance may cover repairs, but your insurer could deny your claim if they discover that you bought a flood car by reviewing its title or service history.
In this situation, you may be able to file a fraud claim. You will need to prove that the dealership knew about the flood damage and concealed it from you. If you can prove this in court, your settlement will be the difference between what you paid for the vehicle and the book value of a vehicle with flood damage. In some cases, the settlement may not be worth the effort.
We Handle Lemon Law Flood Damage Claims
If you are in the small group of buyers who have a water-rated vehicle or an amphibious vehicle that experienced problems after a flood, we would be happy to give you a free case evaluation. Contact us online or call us at 1-855-223-8344. To qualify as a lemon, your vehicle must be less than 24 months old and purchased or leased new from a dealership. It must have spent 30 or more nonconsecutive days in the shop, or have at least 3 attempts to fix a defect.
There is no fee for our services unless you win, and no out-of-pocket cost when you work with Bad Vehicle. You will talk to the attorney who will represent you, and we have decades of experience enforcing Lemon Law protections for our clients.