Best Motor Vehicle Defect Lawyers in Illinois

About Motor Vehicle Defect Law in Illinois, United States

Motor vehicle defect law in Illinois addresses issues when a car, truck, motorcycle, or other motor vehicle has a flaw in its design, manufacturing, or warning labels. These defects can cause accidents, injuries, or financial losses for owners and passengers. Illinois laws related to motor vehicle defects provide consumers with protections and avenues for recourse if their vehicle is unsafe or does not perform as promised. These laws cover both new and, in certain cases, used vehicles, and work alongside federal safety regulations enforced by the National Highway Traffic Safety Administration (NHTSA).

Why You May Need a Lawyer

Legal professionals play a critical role in helping individuals who have been affected by motor vehicle defects. Common situations where a lawyer may be necessary include:

• Being injured in an accident suspected to be caused by a vehicle defect
• Purchasing a new or used vehicle that experiences repeated or serious mechanical problems
• Filing a claim under Illinois’s Lemon Law after unsuccessful repair attempts
• Handling disputes with auto manufacturers, dealerships, or insurance companies regarding responsibility for defects
• Seeking compensation for property damage, medical bills, lost wages, or pain and suffering resulting from a defect

A lawyer can help gather evidence, negotiate with companies, and represent you in court or settlement discussions.

Local Laws Overview

Illinois law provides several key protections for those impacted by motor vehicle defects:

• Illinois New Vehicle Buyer Protection (Lemon Law) - This statute covers new vehicles with defects that substantially impair use, value, or safety within the first 12 months or 12,000 miles. Manufacturers must be allowed a reasonable number of repair attempts before replacement or refund is mandated.
• Magnuson-Moss Warranty Act - A federal law that applies in Illinois and covers breaches of vehicle warranties, whether written or implied.
• Product Liability Law - Consumers may file claims against manufacturers or sellers if a defect causes injury or damage due to negligent design, manufacturing, or failure to warn.
• Used Car Buyer Protections - While not as broad as new car laws, certain disclosures and requirements must be met for used vehicle sales in Illinois.
• Recall Laws - Automakers must notify owners of recalled vehicles and remedy the defects at no charge.

Understanding these laws is the first step in protecting your rights if you are dealing with a possible motor vehicle defect.

Frequently Asked Questions

What is considered a motor vehicle defect?

A motor vehicle defect is a problem in the design, manufacturing, or warnings related to a vehicle that affects its safety, value, or performance. Examples include faulty brakes, airbags that do not deploy, or engines prone to failing.

What does Illinois’s Lemon Law cover?

Illinois’s Lemon Law generally covers new vehicles purchased or leased in Illinois that have a substantial defect within the first 12 months or 12,000 miles, whichever comes first. It requires that the manufacturer be given several chances to fix the issue.

Does the Lemon Law apply to used vehicles?

The Illinois Lemon Law does not typically cover used vehicles, though there may be other consumer protections for used car buyers. Detailed information should be reviewed for each specific sale.

How many repair attempts must be made before I can claim a "lemon"?

Manufacturers are generally allowed four repair attempts or 30 days out of service for the same issue within the coverage period under the Illinois Lemon Law.

What damages can I recover from a motor vehicle defect claim?

You may be entitled to a replacement vehicle, a refund, repair costs, compensation for injuries, property damage, lost income, and sometimes punitive damages if the manufacturer’s conduct was especially harmful.

How do I know if there is a recall on my vehicle?

You can check for recalls via your vehicle identification number (VIN) on the National Highway Traffic Safety Administration website or by calling a dealership for your vehicle’s make.

Should I return a recalled vehicle to the dealership?

Yes, recalled vehicles should be taken to an authorized dealership for the necessary repairs, which are generally provided at no cost to the vehicle owner.

What if I was injured in an accident caused by a vehicle defect?

If you were injured, you may have a legal claim against the manufacturer, distributor, or others involved with the vehicle. It is important to seek medical care and legal advice as soon as possible.

Can I sue the manufacturer directly?

Yes, you may file a lawsuit against the vehicle manufacturer or other responsible parties under product liability laws if a defect caused injury, death, or property damage.

How long do I have to file a motor vehicle defect claim in Illinois?

The statute of limitations is generally two years for personal injury and five years for property damage, but meeting with an attorney promptly is crucial to protect your rights since some cases have shorter filing deadlines.

Additional Resources

If you are seeking more information or assistance regarding motor vehicle defects in Illinois, consider the following resources:

• Illinois Attorney General’s Office - Consumer Protection Division
• Illinois Secretary of State - Vehicle Services
• National Highway Traffic Safety Administration (NHTSA)
• Better Business Bureau - Auto Line Program
• Local bar associations, such as the Chicago Bar Association or the Illinois State Bar Association, which offer lawyer referral services

Next Steps

If you believe your vehicle is defective or you have been involved in an accident caused by a defect, take the following steps:

• Document the issue with photos, repair invoices, and all communication with dealerships or manufacturers
• Keep a log of repair attempts and how long your vehicle was out of service
• Check for active recalls and follow up with authorized dealerships
• Contact the dealership or manufacturer to formally report the issue and seek remedies under warranty or applicable law
• If you are injured, seek medical attention and keep all related records
• Consult with an experienced Illinois attorney who specializes in motor vehicle defects or product liability for a case review and advice on your legal options

Taking swift action and getting competent legal guidance can make the difference in securing compensation, repairs, or other remedies if you are affected by a motor vehicle defect in Illinois.