One of the factors you might consider when buying a new car is how safely it will transport you and your family. The National Highway Traffic Safety Administration (NHTSA) is the government agency that sets and enforces motor vehicle safety standards. It says new vehicles are built better and have more safety features to protect drivers and passengers than ever before.
NHTSA tests new vehicles every year to rate them using its 5-Star Safety Ratings system. Car manufacturers and sellers must provide vehicles’ NHTSA Safety Rating on new-car window stickers alongside the vehicle’s fuel economy and pricing information.
What Is a NHTSA Safety Rating?
The National Highway Traffic Safety Administration’s safety tests determine how well vehicles resist rollovers and protect occupants in a collision. They also test whether vehicles with the latest safety technologies help prevent car accidents.
NHTSA conducts several tests, including:
- The frontal impact test simulates a head-on collision.
- Side impact crash tests consist of a side barrier crash test modeled on the vehicle being hit on its driver’s side and a pole impact crash simulating a collision with a telephone pole on the driver’s side.
- The rollover resistance test measures the risk of rollover if the vehicle leaves the road after traveling too fast in a sharp curve.
In each test, data from crash test dummies indicate how serious the injuries that could result from that type of collision are.
To get the 5-Star Safety Rating, NHTSA combines the results from these three tests into one score to determine the vehicle’s overall risk of an occupant’s injury in a car wreck. Five stars indicate NHTSA’s highest safety rating, and one star is the lowest.
Why Should You Check Car Safety Ratings?
The majority of crashes resulting in injuries on U.S. roads are head-on or side-impact collisions, while rollovers cause over a quarter of passenger vehicle crash fatalities, NHTSA says. As part of the 5-Star Safety Ratings program, NHTSA also indicates whether vehicles are equipped with these three crash avoidance technologies and whether they meet the agency’s performance test requirements:
- Forward Collision Warning
- Automatic Emergency Braking
- Lane Departure Warning
Using NHTSA’s 5-Star Safety Ratings program can help car buyers compare vehicles’ crash performance and safety features across different car models. While it isn’t a guarantee, getting a car with a high NHTSA safety rating gives you a better chance of avoiding major safety issues with your vehicle.
How Even the Safest Vehicles Can Still Be Lemons
Unfortunately, just because your vehicle has a high safety rating doesn’t mean it won’t have issues. Some vehicles malfunction, and others have serious issues that don’t affect safety. Even cars with 5-star safety ratings can still turn out to be lemons.
California’s Lemon Law says a vehicle with a warranty-covered defect or malfunction significantly reducing its safety, value, or usability that cannot be repaired after a reasonable number of attempts is a “lemon.” For example, a vehicle’s air conditioning system may stop working despite many attempts to fix it. While it doesn’t affect the car’s safety, it can make it miserable to use in the California heat and significantly affect its value. A significant defect in a vehicle’s paint job, such as extensive, recurring peeling paint, could also reduce its value by thousands of dollars but would not impact its safety.
However, California law protects people who own or lease lemons. The vehicle manufacturer may have to refund the purchase price of an unreliable or unusable vehicle that cannot be repaired, plus additional costs incurred because of the vehicle’s defects.
The California Lemon Law
Under California’s Lemon Law, a vehicle qualifies as a “lemon” if it has defects covered by the original warranty that the manufacturer has not been able to correct after a reasonable number of attempts. The law gives a car buyer or lessee the right to demand that a manufacturer buy back a faulty vehicle.
You may be able to pursue a Lemon Law lawsuit if:
- You bought or leased a motor vehicle that developed a problem covered by the manufacturer’s warranty. The vehicle’s problem must significantly diminish its usability, safety, or value and be covered by the manufacturer’s original warranty. You also must have purchased or leased the vehicle in California, with exceptions for military members.
- You gave the manufacturer a reasonable number of opportunities to repair the problem. What’s considered a reasonable number of repair attempts varies from case to case. If the defect poses a significant danger, two or more attempts to fix the problem are usually considered reasonable. More than two failed repair attempts may be necessary before filing a claim for less severe issues. In certain circumstances, if a vehicle is out of service for an inordinate amount of time, it may automatically qualify as a lemon.
- The manufacturer was unable to repair the problem. You must be able to show that the problem you repeatedly asked the dealership to repair continues to exist.
However, getting the manufacturer to do the right thing and buy back your vehicle isn’t easy. At The Barry Law Firm, we focus exclusively on helping California car owners pursue Lemon Law claims. We know the law inside and out and have a reputation for helping California residents hold large auto manufacturers accountable.
Call Today for Answers About California’s Lemon Law
Even if you take all the precautions and look for high car safety ratings, you may still end up purchasing or leasing a vehicle with major unrepairable issues. If your car has turned out to be a lemon, the California Lemon Law attorneys of The Barry Law Firm can help. We have an outstanding track record of getting justice for consumers who have been unjustly saddled with defective vehicles – and we do it all at no cost to you. California law requires manufacturers to pay the consumer’s legal fees for a successful Lemon Law claim, and you won’t see a bill from us, no matter the outcome.
We’re here to help you. Contact us now for a free and fast consultation with a California Lemon Law lawyer.
Email
Facebook
Twitter
Pinterest
