Best Motor Vehicle Defect Lawyers in Wisconsin

About Motor Vehicle Defect Law in Wisconsin, United States

Motor Vehicle Defect law in Wisconsin addresses the rights of vehicle owners when their car, truck, or other vehicle suffers from defects that can affect safety, reliability, or value. These laws primarily relate to cases where vehicles have manufacturing or design problems that are discovered soon after purchase. Wisconsin has both state and federal laws protecting consumers, including provisions under the Wisconsin Lemon Law and aspects of general product liability law. When a vehicle does not perform as expected because of such defects, owners may be entitled to repairs, a replacement, or a refund.

Why You May Need a Lawyer

Legal representation can be crucial when dealing with motor vehicle defect cases in Wisconsin. Often, manufacturers and dealerships might not willingly address your issue or may deny your claim outright. Common situations where a lawyer can help include:

• Repeated attempts to repair the same defect without success
• Confusion about eligibility under the Wisconsin Lemon Law
• Manufacturer refusal to provide a refund or replacement
• Injuries or accidents resulting from a defect
• Negotiating settlements or compensation
• Filing lawsuits related to defective vehicles or parts
• Collecting and presenting evidence for your claim

A knowledgeable attorney can assess your eligibility under state law, file necessary paperwork, negotiate on your behalf, and represent you in court if needed.

Local Laws Overview

Wisconsin law contains several protections for consumers dealing with defective vehicles:

• Wisconsin Lemon Law: Applies to new motor vehicles sold or leased in Wisconsin that develop defects covered by warranty within one year or during the warranty period, whichever is first reached.
• Required Attempts to Repair: The manufacturer or dealer must be allowed a reasonable number of attempts (usually four repair attempts for the same problem or 30 cumulative days out of service) to fix the defect.
• Entitlements: If the defect is not repaired in the prescribed period, the consumer is entitled to a comparable replacement vehicle or a refund of purchase price minus a reasonable allowance for use.
• Used Vehicles: The Lemon Law typically does not apply to used vehicles, but other state and federal laws may offer protection, especially under warranty or for undisclosed problems.
• Product Liability Laws: If a design or manufacturing defect causes injury or property damage, a consumer may pursue a product liability claim against the seller or manufacturer.

Frequently Asked Questions

What qualifies as a motor vehicle defect under Wisconsin law?

A defect is any problem with a vehicle's design, manufacturing, or function that affects its use, value, or safety and is covered by the manufacturer's warranty.

What vehicles are covered by Wisconsin Lemon Law?

New cars, trucks, motorcycles, and some demonstrators or dealer-owned vehicles purchased or leased in Wisconsin are covered. Certain vehicles, like large trucks or those used mainly for business, may have different rules.

How many repair attempts are required before a vehicle is considered a lemon?

Typically, the law considers it a lemon if there are four unsuccessful attempts to fix the same defect or if the vehicle is out of service for repairs for 30 cumulative days.

Does the Lemon Law cover used vehicles?

Generally, the Lemon Law does not apply to used vehicles unless the issue appears and is reported during the original warranty or within the law's time frame. Other consumer protection laws might apply.

What should I do if I think my vehicle is a lemon?

Document all repair attempts, keep your receipts and records, and notify the manufacturer or dealer in writing of the continuing issues. Consult a lawyer for guidance on next steps.

Can I get a refund or replacement for my defective vehicle?

Yes, if your vehicle qualifies under the Lemon Law, you may be entitled to a full refund or a comparable replacement vehicle, minus a reasonable usage fee.

What kinds of compensation are available for injuries caused by a vehicle defect?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage through a product liability claim.

Do I need an attorney to file a Lemon Law claim?

While it is not required, having an attorney can help navigate the process, especially if the manufacturer disputes your claim or if you are seeking damages beyond a refund or replacement.

How long do I have to make a claim under Wisconsin Lemon Law?

You must report the defect within the first year after receiving the vehicle or within the term of the manufacturer’s warranty, whichever comes first.

What if my vehicle defect is not covered by the Lemon Law?

You might still have rights under warranty law, Magnuson-Moss Warranty Act, or state product liability laws. It is best to consult an attorney to explore your specific situation.

Additional Resources

• Wisconsin Department of Transportation - Consumer Protection Information
• Wisconsin Department of Agriculture, Trade and Consumer Protection - Lemon Law Guide
• National Highway Traffic Safety Administration (NHTSA) - Vehicle Recall Database
• Wisconsin State Bar Association - Lawyer Referral and Information Service
• Consumer Protection Division - Wisconsin Department of Justice

Next Steps

If you suspect you have a vehicle with a defect or are facing resistance from a manufacturer or dealer, start by gathering all documents related to your purchase, repairs, warranties, and communications. Contact the dealership or manufacturer to formally report the defect. If you do not get a satisfactory response, consult with an attorney experienced in Wisconsin Lemon Law and motor vehicle defect claims. An attorney can clarify your rights, help submit evidence, negotiate on your behalf, and, if necessary, pursue your case in court.

Do not delay, as strict deadlines apply to many claims. Acting quickly can help protect your rights and increase the likelihood of a successful outcome.