Subaru v. Peters (1998 Lemon Law Decision)

June 5, 1998

OPINION BY JUSTICE A. CHRISTIAN COMPTON

FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG

Mosby G. Perrow, III, Judge

This is the first case we have decided by written opinion under the Virginia Motor Vehicle Warranty Enforcement Act (the Act), Code §§ 59.1-207.9 through –207.16:1, since its 1984 adoption. Acts 1984, ch. 773.

The Act, Virginia’s so-called “Lemon Law,” generally provides that if a consumer has purchased a motor vehicle for nonbusiness purposes and reports, within a specified period of time, a defect or nonconformity covered by the motor vehicle manufacturer’s express warranty, the manufacturer or its agent must perform the repairs necessary to correct the problem. If the vehicle cannot be conformed to the warranty after a reasonable number of attempts, the consumer is entitled to replacement of the vehicle or refund of the purchase price.

Read the full decision below!

http://lw.bna.com/lw/19980623/971821.htm

Advertisements

Worker Compensation

Virginia Worker Compensation *Summary

The Virginia Workers’ Compensation Commission is the state agency that administers the Virginia Workers’ Compensation Act. The following brief summary is intended to provide a general overview of Workers’ Compensation coverage and benefits in Virginia. See the separate topic for help with acronyms. For further information contact your local or state Workers’ Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Virginia Workers’ Compensation Commission, and is current as of July 2008.

In Virginia, compensation benefits are subject to an annual cost of living adjustment (COLA), and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2008 to June 30, 2009

Type of Law and Insurance Requirements
In Virginia, workers’ compensation is compulsory, and some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 3 employees.

Coverage of Agricultural Workers
Covers agricultural workers working for an employer who regularly has in service more than 2 full-time employees.

Coverage of Domestic Employees
Domestic servants are specifically excluded from coverage.

Medical Benefits
Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. The maximum period of payments is 500 weeks.

Benefits for Permanent Total Disability (PTD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)
The percentage of worker’s wage paid is 66 2/3. For weekly payments, the minimum is $210.25 (25% of SAWW or employee’s actual wage, if less) and the maximum is $841, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 500 weeks, and the maximum total payable amount is $420,500. The period of payment may be extended if the employee is still disabled within 1 year of final payment.

Disfigurement Benefits
Virginia statutes cover disfigurement described as “Severely marked of head, face, hands, arms or legs”. Benefits are 66-2/3 percent of employee’s average weekly wages, for a maximum period of 60 weeks.

Virginia Lemon Law

Virginia Lemon Law Statutes  

Title 59.1, Chapter 17.3, §59.1-207.9 – §59.1-207.16

§ 59.1-207.9

This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.

§ 59.1-207.10

The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

§ 59.1-207.11

As used in this chapter, the following terms shall have the following meanings:

“Collateral charges” means any sales-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party.

“Comparable motor vehicle” means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase with an offset from this value for a reasonable allowance for its use.

“Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

“Incidental damages” shall have the same meaning as provided in § 8.2-715.

“Lemon law rights period” means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.

“Lien” means a security interest in a motor vehicle.

“Lienholder” means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien.

“Manufacturer” means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers.

“Manufacturer’s express warranty” means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under that warranty.

“Motor vehicle” means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in § 46.2-100 and demonstrators or lease purchase vehicles with which a warranty was issued.

“Motor vehicle dealer” shall have the same meaning as provided in § 46.2-1500.

“Nonconformity” means a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.

“Notify” or “notification” means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.

“Reasonable allowance for use” shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to § 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to any warranty.

“Serious safety defect” means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

“Significant impairment” means to render the new motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.

“Warranty” means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale of a motor vehicle that become part of the basis of the bargain. The term “warranty” pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a motor vehicle for ordinary use or reasonable intended purposes throughout the duration of the lemon law rights period as defined under this section.

§ 59.1-207.12
Conformity to all warranties

If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer’s warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer’s warranty period.

§ 59.1-207.13
Nonconformity of motor vehicles

  1. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:

 

  1. Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or

 

  1. Accept return of the motor vehicle and refund to the consumer and any lienholder as their interest may appear the full purchase price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer’s use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.

 

  1. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:

 

  1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;

 

  1. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or

 

  1. The motor vehicle is out of service due to repair for a cumulative total of thirty calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.

 

  1. The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.

 

  1. The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner’s manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner’s manual the name and address to which the consumer shall send such written notification.

 

  1. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in § 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B of this section and any of the conditions set forth in subsection B of this section already exists, the manufacturer shall be given an additional opportunity, not to exceed fifteen days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.

 

  1. Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.

 

  1. It is an affirmative defense to any claim under this chapter that:

 

  1. An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or

 

  1. A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

§ 59.1-207.14
Action to enforce provisions of chapter

Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney’s fees, expert witness fees and court costs incurred by bringing such actions.

§ 59.1-207.15
Informal dispute settlement procedure

  1. If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer’s choice whether or not to use it prior to availing himself of his rights under this chapter.

 

  1. If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer’s acceptance of the decision or from the date of a court order to comply with the terms of the decision.

 

  1. In any action brought because of the manufacturer’s failure to comply with the decision, within the scope of the procedure’s authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney’s fees.

§ 59.1-207.16
Action to be brought within certain time

Any action brought under this chapter shall be commenced within the lemon law rights period following the date of original delivery of the motor vehicle to the consumer; however, any consumer whose good faith attempts to settle the dispute have not resulted in the satisfactory correction or repair of the nonconformity, replacement of the motor vehicle or refund to the consumer of the amount described in subdivision 2 of subsection A of § 59.1-207.13, shall have twelve months from the date of the final action taken by the manufacturer in its dispute settlement procedure or within the lemon law rights period, whichever is longer, to file an action in the proper court, provided the consumer has rejected the manufacturer’s final action.