State lemon law · checked October 23, 2026

West Virginia lemon law

Verified against the statute / official state publicationW. Va. Code §§46A-6A-1–46A-6A-9

The short version

Report by the LONGER clock, presume by the SHORTER one — West Virginia runs both.
One attempt at a life-threatening defect is enough.
You have until a year after the warranty ends to bring the formal action.

The presumption — West Virginia's numbers

Presumption window	The presumption window is the earlier of the warranty term or 1 year after delivery. (The duty to REPORT runs on the longer of the two — don't confuse them.)
Same defect	3+ repair attempts
Safety defect	1+ attempt(s) — A nonconformity likely to cause death or serious bodily injury if the vehicle is driven: 1 attempt.
Days out of service	30+ calendar days

The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.

The buyback — West Virginia's formula

West Virginia allows a reasonable allowance for use under §46A-6A-3 with no published formula we could source. This checker refuses to invent the number.

Notice and procedure

The presumption applies only if the manufacturer received prior written notification and at least one opportunity to cure. Send it by certified mail.

Dispute route: Dispute resolution runs during the warranty term or 1 year after delivery, whichever is longer; the formal-action clock pauses during it.

Attorney's fees: Prevailing consumers may recover reasonable attorney's fees.

Your deadline

Formal action must be brought within 1 year following the expiration of the express warranty term (§46A-6A-9); time in informal dispute resolution doesn't count.

Who and what is covered

New vehicles	Covered
Leased vehicles	Not covered
Used vehicles	Covered in defined situations — see notes
Motorcycles	Covered
RV / motor home	Covered — chassis / powertrain only

Motor-home self-propelled chassis covered; pickup trucks and vans up to 10,000 lbs covered.
Ordinary lessees appear not to be covered; purchasers and warranty transferees are.
West Virginia also allows loss-of-use and replacement-transportation damages.

Included in the $39 Lemon Verdict Pack

Your repair-log tracker, the West Virginia notice letter, the buyback worksheet on West Virginia's formula, and your deadline calendar.

See the Lemon Verdict Pack

Sources

W. Va. Code §46A-6A-5 (presumption)
W. Va. Code §46A-6A-3 (duty to repair/report)
W. Va. Code §46A-6A-9 (action window)

Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in West Virginia. This page is information, not legal advice.