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Volkswagen makes some of the most popular vehicles sold in the country. Although consumers rely on Volkswagen for its performance and quality, not all of these vehicles live up to the manufacturer’s reputation. In fact, 56,000 Volkswagen vehicle models ranging from 2015 to 2019 were subject to a recall in 2019. If your vehicle was part of the Volkswagen recall and still could not be repaired after several reasonable attempts were made, you may be entitled to a remedy under the lemon law.
The issue found in the affected Volkswagen vehicles giving rise to the recall has been linked to the rear spring coil. In the event that the spring fractures while the vehicle is moving, it could cause damage to the rear tire — and increase the risk of a crash. Specifically, the rear coil spring is a component of the car’s suspension and affects the vehicle’s handling.
The 2019 Volkswagen recall affected various vehicles models, including small cars and SUVs:
Upon investigation, Volkswagen linked the defective springs to specific batches. While the manufacturer said it was not aware of any accidents related to the faulty springs, it sent recall notices in April 2019 to advise owners of the risk. Volkswagen agreed to replace the rear axle coil springs in the affected vehicles at no charge to the owners.
Just because your Volkswagen was recalled by the manufacturer doesn’t mean it is a lemon. To qualify as a lemon vehicle, certain criteria must be met under California's lemon law — you must establish that the vehicle has a defect that substantially impairs its value or safety. Importantly, the car must be under the original manufacturer’s warranty at the time the defect is discovered.
You must also allow the manufacturer an opportunity to make several reasonable attempts at repairs. Four repair attempts usually suffice to invoke the lemon. However, only two may be necessary if the nonconformity could cause serious injury or fatality to the driver, their passengers, or others on the road. Additionally, a vehicle might be a lemon if it was in the repair shop for 30 days or more and was not successfully repaired.
Your Volkswagen might be presumed to be a lemon if a problem that cannot be repaired arose within 18 months of its delivery or the first 18,000 miles driven. This legal presumption can make it much easier to prevail in a lemon law claim. But regardless of whether the presumption applies, it’s crucial to be aware that there is a four-year statute of limitations in place to bring a lemon law lawsuit to obtain the refund or replacement vehicle to which you are entitled.
In the event your Volkswagen was recalled, it’s essential to bring it to the authorized dealer immediately for a replacement part. If you didn’t receive a notification in the mail — and you aren’t sure whether your vehicle was recalled — you can check the National Highway Traffic and Safety website by entering the VIN of your car. The search feature reveals active recalls, as well as unrepaired vehicles affected by a recall that occurred within the last fifteen years.
Those who own Volkswagen vehicles affected by the recall can contact the manufacturer by calling 800-893-5298 and referencing recall number 42J5. The manufacturer can provide further information about vehicle repairs. In addition, the NHTSA’s campaign number for the recall is 19V188000.
Critically, vehicles are recalled often. If your vehicle doesn’t appear as part of a current recall, it’s vital to check back periodically to ensure there isn’t an open recall. A recall can arise at any time during your ownership of the vehicle, and it’s essential that you move forward with taking the necessary corrective action.
If you purchased a Volkswagen that ended up being a lemon, you might be eligible to file a lawsuit under California’s lemon law. An experienced and knowledgeable lemon law attorney can best advise you concerning your legal rights and remedies — and help secure the maximum monetary recovery available to you. The Ledbetter Law Firm offers skillful counsel and aggressive advocacy for consumers who have been inconvenienced as a result of buying a vehicle that did not conform to its warranty.
The Ledbetter Law Firm assists people in Southern California who have experienced lemon law issues with their vehicles in obtaining favorable outcomes in their cases. With offices conveniently located in Torrance and San Diego, California, telephone and video conferencing options are also available. Call (310) 507-7022 to schedule a consultation with a California Lemon Law attorney today.