Best Motor Vehicle Defect Lawyers in Michigan

About Motor Vehicle Defect Law in Michigan, United States

Motor vehicle defect law in Michigan consists of regulations, statutes and legal remedies designed to protect individuals who have purchased or been injured by defective automobiles or automotive parts. Defective vehicles or auto parts can create dangerous situations for drivers, passengers and others on the road. Michigan law allows consumers and injury victims to seek remedies from car manufacturers, dealers or other responsible parties when a defect causes harm, does not meet safety standards or fails to conform to warranties. These laws often intersect with product liability, warranty claims and Michigan's specific "lemon law" protections for new cars.

Why You May Need a Lawyer

Dealing with a defective vehicle can be a complex and frustrating process. Many people seek legal assistance for a variety of reasons, including:

• A dealer or manufacturer refuses to repair or replace your faulty vehicle under warranty
• You or a loved one have been injured in an accident caused by a suspected defect in the vehicle
• Insurance disputes related to crashes where a vehicle defect may be involved
• Facing resistance when trying to invoke Michigan's lemon law to return or replace a defective new car
• Understanding your rights regarding used car defects and the responsibilities of sellers
• Pursuing compensation for additional expenses related to repeated repairs or loss of use of your vehicle

A skilled lawyer can help you gather evidence, identify the responsible party, navigate legal deadlines and ensure that you receive fair treatment and compensation under Michigan law.

Local Laws Overview

Some of the most important Michigan laws related to motor vehicle defects include:

• Michigan Lemon Law: This law covers new vehicles that suffer from a defect within the first year or the first 12,000 miles, whichever comes first, and after a reasonable number of repair attempts. It allows consumers to claim a replacement vehicle or a refund.
• Michigan Product Liability Law: Under Michigan statutes, if a manufacturing or design defect in a vehicle or part causes an accident or injury, injured parties may file product liability claims against manufacturers, distributors or sellers.
• Federal Motor Vehicle Safety Standards: In addition to Michigan law, all vehicles must adhere to federal safety regulations. Michigan residents can also benefit from federal recalls and defect investigations initiated by the National Highway Traffic Safety Administration (NHTSA).
• Implied Warranties and Used Vehicles: While lemon law protection is limited for used vehicles, Michigan law requires used car dealers to disclose information about known problems, and implied warranties may apply unless "as is" is clearly stated and agreed upon by the buyer.

The combination of state and federal laws provides multiple ways for Michigan residents to address vehicle defects, but each case can be factually and legally unique.

Frequently Asked Questions

What is considered a motor vehicle defect in Michigan?

A motor vehicle defect is any flaw in the design, manufacture or assembly of a vehicle or its parts that makes it unsafe, unreliable or unfit for its intended purpose. This can include issues with brakes, steering systems, airbags, seat belts, electrical systems or structural weaknesses.

How does Michigan's lemon law work?

Michigan's lemon law applies mainly to new vehicles still under warranty. If the same defect is not repaired after a reasonable number of attempts, or the vehicle is out of service for a total of 30 days or more for warranty repairs within the first year or 12,000 miles, you may be entitled to a replacement or a refund.

Are used cars covered by Michigan's lemon law?

No, Michigan's lemon law does not generally cover used vehicles. However, dealers must disclose known defects and cannot misrepresent the condition of the vehicle. Some used cars may have limited warranty coverage, and federal law may require disclosure of significant defects.

What should I do if I believe my car has a defect?

Document the problem, take your vehicle to an authorized dealer for repairs and keep accurate records of all service attempts. If the defect persists, consult the owner’s manual and warranty information, then consider contacting a lawyer or the Michigan Attorney General.

What is a reasonable number of repair attempts under the lemon law?

While not precisely defined, generally four or more attempts to fix the same issue or 30 or more cumulative days out of service within the warranty period is considered reasonable in Michigan. Each case can vary, so documenting all repairs is essential.

Who can I hold responsible for a vehicle defect?

Depending on the source of the defect, you may be able to hold the manufacturer, distributor, supplier or dealership accountable. In cases involving injury, multiple parties may share liability.

Can I get compensation if I am injured because of a car defect?

Yes, if a defect led to an accident that caused injury, you may have grounds to pursue a product liability claim for damages such as medical expenses, lost wages, pain and suffering, and more.

Is there a time limit to file a motor vehicle defect claim in Michigan?

Yes, there are statutes of limitations that apply. In general, product liability claims in Michigan must be filed within three years from the date of injury. Lemon law claims should be initiated within the warranty period or within one year from the delivery of the vehicle.

How can I find out if my car has been recalled for defects?

You can check recalls through the NHTSA database by entering your vehicle identification number (VIN) or contact your manufacturer or dealer to check for open recalls affecting your make and model.

Do I need a lawyer to address a vehicle defect issue?

While it is possible to pursue some claims independently, especially simple warranty repairs or recalls, complex situations such as repeated repair failures, injuries, or disputes with manufacturers often benefit from legal expertise.

Additional Resources

• Michigan Attorney General - Consumer Protection Division
• National Highway Traffic Safety Administration (NHTSA) - for reporting defects and checking recalls
• Michigan Department of Insurance and Financial Services
• Better Business Bureau Auto Line - an arbitration program used by many auto manufacturers
• Legal Services of Michigan - providing assistance to qualifying residents

Next Steps

If you believe you have a claim related to a motor vehicle defect in Michigan, follow these steps to protect your rights:

1. Gather and organize all records related to your vehicle, including purchase documents, repair invoices, correspondence with the dealer or manufacturer and warranty information.
2. Document every issue clearly, including dates, symptoms, and the results of any repairs or attempted fixes.
3. Review your warranty and any applicable laws to understand your coverage and rights.
4. Contact an experienced Michigan motor vehicle defect attorney to evaluate your case and help you determine the best course of action.
5. Consider reporting potential defects or safety concerns to the NHTSA and the Michigan Attorney General’s office.

Taking prompt action and securing professional legal advice can improve your chances for a successful outcome if you face issues with a defective motor vehicle in Michigan.