South Dakota Car Accident Attorney Explains Lemon Law Protections

The lemon law was enacted in 1993 to protect purchasers of new vehicles and to provide compensation if the new vehicle repeatedly fails to meet specific standards. The lemon law statute in South Dakota, as set forth in Title 32, Chapter 6D, specifically protects consumers from "nonconforming conditions," which are conditions that are not in accord with the warranty issued by the manufacturer, thereby impairing the use, safety, or value of the vehicle. This can include issues with the brakes, steering, engine, transmission, or other parts that may result in a driver being involved in a South Dakota car accident. Being sold a "lemon" is disheartening, but this can be made even worse if you are involved in a collision as a result of the defect.

In South Dakota, the law generally applies to new vehicles, but used vehicles may also qualify based on a twelve-month limit with no more than 12,000 miles. For new cars, the lemon law rights period ends one year after the original date of delivery or the first 12,000 miles. The nonconformity must arise through normal use, not through abuse or neglect of the vehicle.

The most serious repercussion of being sold a "lemon" includes being involved in a motor vehicle crash as a result of the defect. In order to avoid having a South Dakota car accident claim filed against you, take the following steps in accordance with the lemon law statute:

• Bring the car to the manufacturer and give the manufacturer a "reasonable" number of attempts to repair the defect. In South Dakota, the number is four or more unsuccessful attempts to fix the problem.
• If, after multiple attempts to repair the vehicle, the manufacturer is unable to repair the problem or conform to the express warranty, the consumer has the option to have the vehicle replaced with a comparable new car or receive a refund.
• If the consumer elects to receive a refund, the refund will include the full contract price, any collateral charges (tax, license, registration), all finance charges, and any incidental damages, such as towing or rental fees.

According to the lemon law statute in South Dakota, if a purchaser of the vehicle has sustained damages as a result of the manufacturer's failure to abide by the state's lemon law, the purchaser shall send a notice of the nonconforming condition to the manufacturer and the manufacturer will be given one last chance to repair the defect. If the manufacturer fails to follow the South Dakota lemon law statute, the consumer may file a civil action against the manufacturer. In addition to the remedies listed above, the consumer may also be entitled to reasonable attorney's fees.

If you believe that you have been sold a "lemon," contact a South Dakota car accident attorney at Zimmer, Duncan & Cole immediately. Call the office toll free at (888) 733-2992, or complete the contact form on this page to speak with a South Dakota car accident lawyer. With offices in Sioux Falls and Parker, our experienced attorneys are accessible throughout the state. If you have been sold a "lemon," the vehicle may be dangerous to drive. Call us today for assistance.