SAN ANTONIO - We have heard from many worried and frustrated Toyota owners. Some are wondering if the Texas Lemon Law could help you get a refund. Unfortunately, it may not. Car owners have to meet some strict requirements.
In order to qualify for a replacement vehicle or refund under the Texas Lemon Law, you have to have given the dealer and the manufacturer a "reasonable number of attempts" to repair the defect. And most Toyota owners didn't even know there was a problem until the recall was announced.
The gas pedal defect does meet some of the criteria of the lemon law. For example, it is a "serious safety hazard." And most of the Toyotas are still under the original warranty.
But in order to file a lemon law complaint, you have to have taken your car in to the dealer to get fixed at least once in the first 12 months or 12,000 miles and at least once during the second 12 months or 12,000 miles.
If those repair attempts fail, you have to notify the manufacturer in writing and give them a chance to fix the car.
And every step of the way you must keep records of all repair orders, letters and phone calls.
Even if you meet all those requirements, the law only gives you 30 months from when you purchased your car to file a complaint with the state.
The bottom line is the dealer and manufacturer must get a number of chances to fix the problem, and in most cases, this recall is really Toyota's first attempt. We don't know yet if they will be successful.
If you think the lemon law may apply to your situation down the road, you can find the details on TxDoT's Division of Motor Vehicles website...
