Last Updated 16th of May, 2010

How do I file a claim in NC regarding a lemon? North Carolina

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Filing a Lemon Law Claim in North Carolina

Before you can file a lemon car claim your vehicle must meet the following criteria:

  • Purchased in North Carolina.
  • Is a new car, pick-up truck, motorcycle, or a certain type of van. (The NC Lemon Law covers only new cars; no used cars qualify.)
  • The problem, which alters the vehicle's value, use, or safety, must be covered under the manufacturer's warranty. This means the problem must occur within the first 24 months or 24,000 miles (whichever comes first).
  • There have been four or more attempts to fix the problem, but it still exists. (In other words, an auto repair mechanic is unable to fix the problem after four attempts.) Or, the vehicle has been out of service for 20 cumulative business days within a 12-month period.
To file a claim you must first try to resolve the problem through the manufacturer's settlement board or arbitration program. The NC Lemon Law allows the manufacturer to set up these certified programs to avoid going to court.
 
If a fair settlement, in your opinion, cannot be reached then you can file a claim with the court. Unlike many other states, in North Carolina you do not have to attend an arbitration hearing. You go directly to the court to file a lawsuit. This is where hiring a Lemon Law lawyer is highly recommended. A Lemon Law attorney understands the legal process that goes along with the state’s Lemon Laws and has vast experience dealing with the defense tactics of car manufacturers.

If it turns out you have a lemon, under the NC Lemon Law the manufacturer is required to provide either a new vehicle or a refund. The refund must include:

  • The full contract price, including but not limited to, undercoating charges, installed options, and non-refundable portions of extended warranties and service contracts.
  • All upfront charges that may include sales tax, license, and registration fees.
  • All finance charges you paid after first reporting the problem.
  • Any incidental damages, minus a reasonable allowance for vehicle use.

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