Virginia Lemon Law Statute of Limitations
Virginia Lemon Law Statute of Limitations
Every law has many parts and one of the most important parts is the “statute of limitations.” The statute of limitations put restrictions on the time period for when someone can bring a claim under a particular law. Every law has a different statute of limitations. So, if a vehicle is exhibiting problems then it is very important to do research on what type of claim one might have. Additionally, it is very important to contact a Virginia Lemon Law Attorney who can advise as to whether or not the time limit has passed on filing a claim.
It is very important to be aware of the statute of limitations under the Virginia Lemon Law. An action under the Virginia Lemon Law must be filed within 18 months after original delivery. “Delivery” means the day that the new vehicle is taken home by the original owner. After the 18 month period, the ability to assert a claim under the Virginia Lemon Law is gone. This 18 month limit is more restrictive than many other state lemon laws. This was designed so that people do not sleep on their rights. It is so that people who have claims and who are diligent about seeking a remedy actually have the opportunity to fight for that remedy. The opposite side of the coin is that people who have claims but do not do the necessary work to put themselves in a situation to solve their problems will not be afforded full protection of the Virginia Lemon Law.
In conclusion, the principle is simple – contact a Virginia Lemon Law Attorney the minute a vehicle seems to be exhibiting defects of any kind. By doing this, one can obtain the information on whether or not the Virginia Lemon Law applies and whether a claim can be filed.
Time Period for Filing Virginia Lemon Law Case
18 months following original delivery to the consumer. Consumer who has resorted to an informal dispute settlement procedure may commence an action in court within the longer of
(1) one year from manufacturer’s final action in the procedure, as
long as the procedure was initiated within the lemon law rights
period; or
(2) the original 18-month period.