Lemon Law VS Warranty Claim – What Is The Difference?
Your vehicle is a significant investment and one that you depend on daily for transportation to work, school, or when taking care of household errands. After investing thousands or even more than $50K in a new car, the last thing you should be forced to face is an issue that impairs the value, function, or safety of your new car, truck, or SUV. If you have faced such a disappointment with your new vehicle, you should be certain you understand warranty claims and the lemon law.
If you have a single issue that could be a defect or damaged part on your new car, you are sure to make a warranty claim by taking the car back to the dealership for a repair. You pay nothing for this repair and often get a free loaner car to drive while yours is in the shop. As long as the issue is corrected on that first visit to the dealership, you never need to explore lemon laws. But if that defect or others persist, you will want to understand the added protection provided by lemon laws to consumers who bought a new car.
What Does The Lemon Law Do For Buyers?
If you purchase a new car and have constant issues with it that are impairing the use, safety, or value of the vehicle, you could have a lemon. The law was created to protect consumers who make a new car purchase but face many issues or damaged parts that cause the car to fail ro the same issue that cannot be repaired by the service department at the dealership. The vehicle in question must meet specific criteria that vary by state but typically include:
- The car must have been purchased new from the dealership and be less than two years old with 24,000 miles or less from the original delivery mileage at purchase
- The damage, issue, or defect in the vehicle must impact its value, safety, or use
- The car must have been in the shop for three visits without the issue being corrected, or it must have been out of service in the repair shop for 30 days or more
If your vehicle meets these criteria and you would like a free case evaluation, please get in touch with the Bad Vehicles team for help from a lemon law attorney in your area.
Get help with your lemon roadmap to compensation
Step 1: Start with a Free Case Review
Send us your vehicle details like the make, model, year, and what problems you’ve been dealing with. We’ll review everything and let you know if it qualifies under the Lemon Law.
Step 2: We Handle the Legal Work
If your vehicle qualifies, we take it from there. Our team prepares the paperwork, files the claim, and deals directly with the manufacturer. You don’t pay us. The manufacturer does.
Step 3: Turn in Your Lemon and Get Compensated
Once the case is approved, you’ll return your defective vehicle and get a refund, a replacement, or a cash settlement. We’ll help you figure out the best option for you.
30 Seconds Lemon Quiz
How Does A Warranty Help Buyers?
Vehicle manufacturers provide warranties that cover various parts of the car for a variety of time periods. Some warranties offer complete coverage for the vehicle, while others are very specific about what they cover and how long the coverage period will be after the purchase of the vehicle.
A bumper-to-bumper warranty is a great warranty that covers almost all parts of a car, with the exception of certain consumables like the tires, brake pads, and fluids
Powertrain Warranty covers the engine, transmission, and drivetrain – it essentially covers the mechanical parts that keep the vehicle moving, and often has a longer warranty period than the bumper-to-bumper warranty
Extended Warranty is often offered by the manufacturer or a third party and will provide coverage after the original warranty expires – they can cover various parts of the vehicle and be purchased in a variety of term lengths
When you make a warranty claim, the work must often be completed at a dealership service department to cover the cost of the parts and labor. The repairs covered under the warranty are defined by the warranty coverage, but that is the only qualification that must be met to make a warranty claim for a repair. Lemon law claims require the vehicle to meet specific criteria to qualify for the buyback program or replacement of the lemon vehicle. Lemon law claims are a legal matter that is handled between your lemon law attorney and the manufacturer.
Please reach out to Bad Vehicle if you would like the contact information for a lemon law attorney in your area to provide a free case review to help you understand if your vehicle could be a lemon.
Florida Lemon Law Basics
Florida’s Lemon Law, officially known as the Florida Motor Vehicle Warranty Enforcement Act, protects consumers who buy or lease new vehicles with significant defects. If a vehicle has a recurring issue that the manufacturer fails to fix after a “reasonable number” of repair attempts, the consumer may be entitled to a refund or a replacement.
Before taking legal action, consumers are required to try resolving the matter through the manufacturer’s informal dispute resolution process (usually arbitration). This involves submitting documentation and giving the manufacturer a final chance to repair the issue. If the dispute isn’t resolved in arbitration, the consumer can take the case to court.
The law covers new vehicles and some motor vehicles like RVs (but not their living facilities). Salvage vehicles and cars without warranty are not covered.
Florida’s state Lemon Law only applies to new vehicles. However, used cars can still be protected under the federal Magnuson-Moss Warranty Act, as long as the defect is reported during the vehicle’s warranty period.
So if you buy a used car and it still has a valid manufacturer or dealer warranty, and a defect appears during that time, you may still have a case. This federal law doesn’t care whether the vehicle is new or used — it focuses on whether the warranty is active and whether the defect was properly reported.
If your vehicle qualifies and the manufacturer fails to fix the defect after multiple repair attempts, you need to:
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Step 1: Send a written notice to the manufacturer via certified or express mail.
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Step 2: Allow the manufacturer one final repair attempt.
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Step 3: If the issue persists, submit a Request for Arbitration with Florida’s Department of Legal Affairs along with supporting documents.
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Step 4: Attend arbitration. If the outcome isn’t favorable, you may file a lawsuit.
An attorney can help handle these steps and increase your chances of a successful outcome.
Yes, leased vehicles are covered under Florida’s Lemon Law — as long as the defect appears during the lease and meets the same conditions as a purchased vehicle.
However, keep in mind: if you’re leasing, your refund is limited to the amount you’ve paid into the lease. You won’t be refunded for the full vehicle value since you don’t own the car.
Hiring a Lemon Law attorney gives you a big advantage. Manufacturers have deep pockets and legal teams — going up against them alone can be difficult. An experienced attorney knows how to handle the process, file correctly, and present your case with strong documentation.
Also, Florida’s Lemon Law (and the federal one) includes a fee-shifting provision, which means if you win, the manufacturer has to pay your attorney fees. Most firms, like Krohn & Moss, won’t even charge you unless they win your case — so there’s no out-of-pocket risk.
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