Louisiana Revised Statutes 51:1948 – Manufacturer’s duty to provide reimbursement for temporary replacement vehicle; penalties
Terms Used In Louisiana Revised Statutes 51:1948
- Consumer: means :
(a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. See Louisiana Revised Statutes 51:1941
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business. See Louisiana Revised Statutes 51:1941
- Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles. See Louisiana Revised Statutes 51:1941
- Motor vehicle: means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in Louisiana Revised Statutes 51:1941
- Nonconformity: means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle. See Louisiana Revised Statutes 51:1941
A. Whenever a motor vehicle which is covered by a manufacturer‘s express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day:
(1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.
(2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions.
B. The provisions of this Section regarding a manufacturer’s duty shall extend only for the period of the length of the manufacturer’s express warranty or for two years, whichever period of time occurs first.
C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer.
D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair.
E. Repealed by Acts 2021, No. 220, §3.
Acts 1986, No. 1058, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §3.