If you want to file a Lemon Law claim, your car must still be covered by the original manufacturer’s warranty. A car’s warranty is the legal promise from a manufacturer that Lemon Laws enforce before a judge or a panel of arbitrators. If the manufacturer can prove that the car’s warranty is void, you have no case and you are stuck with the defective vehicle.
There are specific situations when a car’s warranty can be voided, some of which may surprise you, as they seem like common things for a car owner to do. If you think you have a Lemon Law claim, be sure to avoid these six ways to void a car warranty.
1. Aftermarket Alterations
Customizing your car with aftermarket parts, particularly performance parts such as exhaust upgrades, air intakes, turbos and NOS systems, will void a car’s warranty. Engine Control Unit (ECU) chips will also void the warranty, as will attempts to upgrade or rewrite engine software. The car’s warranty is voided as soon as the work begins.
Body upgrade kits, spoilers, lifted suspension, hydraulics and brake upgrades can also void a car’s warranty. As a rule, any upgrades performed by a dealership using original equipment manufacturer (OEM) parts should not void a car’s warranty, while all third-party upgrades using non-OEM parts will void the warranty. Incorrect installation or improper part use can be a cause of significant problems with a new vehicle. If you plan to customize your new car, understand that you will lose your Lemon Law protections.
2. Failure to Maintain the Vehicle
Most car buyers do not realize that a warranty is a contract between the manufacturer and the buyer that assigns responsibilities to both parties. The manufacturer is required to sell you a car that is in safe, normal working condition. The buyer is expected to perform routine maintenance to take care of the car. The owner’s manual includes a service schedule for oil changes, brake replacement and fluid checks, as well as recommended tire pressure and rotation.
A warranty will not be voided if you miss an oil change by a hundred miles, but if you fail to perform any maintenance at all on your vehicle you will lose the right to file a Lemon Law claim. Car warranties typically require scheduled maintenance to be performed at a dealership, not at a third-party repair shop. If you are in the habit of visiting a national chain like Jiffy Lube or Valvoline for oil changes, be aware that a manufacturer can use this as grounds to dismiss a Lemon Law claim, basically telling you to sue whoever did the maintenance for ruining your car. It is a good idea, if inconvenient and sometimes more expensive, to have the dealership perform scheduled maintenance while your car warranty is in effect.
3. Misuse of the Vehicle
Driving your Jeep into a lake or taking your Kia off road are fun ways to void a car’s warranty. Drag racing, doing donuts or towing loads in excess of a vehicle’s rating will also end your warranty protection. Manufacturers will investigate and they will discover the source of vehicle problems if you try to use the Lemon Law after you have been adventuring.
This can be a tricky area to navigate for offroad vehicles and trucks used for towing, if they are used in a manner that falls within manufacturer specifications. In these cases, it is a good idea to have an experienced Lemon Law attorney handle your case.
Car accidents fall under the misuse category. Accidents where you are declared at fault may impact your ability to file a Lemon Law claim. Any accident where the car is declared a total loss is ineligible for a Lemon Law claim. In a total loss, you sign your title over to your insurance company and receive a salvage title, which voids the car’s warranty. Claims arising from accidents are handled by insurance, but insurance does not cover manufacturer defects unless they directly contributed to the accident. If your car stalls out due to a faulty transmission and causes an accident, insurance will handle this. If your car stalls out due to a faulty transmission and you are stuck on the side of the road, you may have a Lemon Law claim.
4. DIY and Unauthorized Repairs
Changing your own oil and filter, replacing fuses or having a professional who does not work at a dealership service center repair or adjust nearly anything on your vehicle will void the warranty. Manufacturers require all service and repairs to be completed by their service technicians at their dealerships as part of standard car warranty language. The only exception to this rule is a written authorization from a manufacturer to seek repairs with a third party after a Final Repair Attempt is requested as part of a Lemon Law claim. In that specific situation, a manufacturer may authorize you to take a vehicle to a designated repair shop. You must use the recommended shop, and only the recommended shop, to preserve your warranty.
5. Odometer Alterations
Manufacturer warranties are calculated in two ways: vehicle mileage and months since manufacture. When you purchase a car, you will be told that the warranty is good for a set period, such as 24 months or 24,000 miles, whichever comes first. Manufacturers will investigate odometer settings when a Lemon Law claim is filed. Altering an odometer is a criminal offense in all states and at the Federal level. Odometers should never be touched or tampered with.
6. Natural Disasters
Like some insurance policies, car warranties have “Act of God” provisions that void protection if a vehicle is burned in a large fire, damaged by floodwaters or a mudslide, crushed in an earthquake or hit by lightning or a falling tree. Depending on the areas of the vehicle involved and the extent of the damage, the warranty may or may not be affected. Manufacturers will try to claim that a natural disaster voided your warranty if you file a Lemon Law claim, which makes it a good idea to talk to an attorney before you file.
Bad Vehicle can help you determine if your warranty is valid and if you have a potential Lemon Law claim. There is no charge to talk to our Lemon Law attorney, and no fee for our services unless your claim is successful. With zero out-of-pocket cost, the only thing you could lose is that lemon car. Contact us online or call us at 1-796-297-8977.