How Many Lemon Law Repair Attempts Are Required?
Purchasing a vehicle that is unreliable and doesn’t conform to the manufacturer’s warranty can be frustrating and stressful. Having to bring the car to the dealership multiple times for repairs can be an inconvenience for your schedule and a burden on your bank account. Not only can dealing with a lemon vehicle cause you to lose time from work, but you might incur the cost of multiple repair attempts, a rental vehicle, and even have to pay for the expense of a tow truck. In these cases, you might be wondering how many lemon law repair attempts are required before you can obtain a refund or replacement vehicle.
Where Can You Bring Your Vehicle for Lemon Law Repairs?
If you think your car is a lemon, it’s vital to be aware that you can’t bring it to just any mechanic for repairs. Whether your vehicle is new, used, or leased, you must bring it to an authorized dealership. Bringing a malfunctioning vehicle that might qualify for California Lemon Law protection to a local repair shop or your family mechanic can be a costly mistake. Not only would this not count as a lemon law repair attempt, but the manufacturer could potentially void your vehicle’s warranty — and deny your lemon law claim.
It's best to get in touch with the manufacturer or the authorized dealership where you purchased the car. They can provide you with the information you need regarding where to bring the vehicle for repairs. You should keep a record of all communications with the dealership, the mechanics, and the manufacturer in case they are needed to support your lemon law claim. Be sure to keep all receipts, invoices, and maintenance records as well since they can be crucial evidence in your case.
How Many Repair Attempts Qualify Under the Lemon Law?
When you buy a new car, you don’t expect it will have a defect that requires you to keep bringing it to the repair shop. However, you must make a certain number of repair attempts under California Lemon Law before you can pursue a claim, and allow the manufacturer to have an opportunity to fix the issue. Notably, the statute does not specify the number of lemon law repair attempts that are necessary — it only requires a “reasonable” number be made.
Any defect that arose while the vehicle was under warranty and could significantly impair its value or safety may make it qualify for a remedy under the lemon law. The number of times you will have to bring your car in for repairs will depend upon the type of problem it has. Some lemon law defects might be minor. Others can be more serious and put a driver and their passengers in harm’s way.
If a defect poses a hazard that could cause an accident resulting in injury or fatality to those occupying the vehicle or others on the road, only two repair attempts may be sufficient. For less serious issues, more repair attempts may need to be demonstrated before the owner can secure a remedy under California Lemon Law. When a nonconformity doesn’t present a safety risk, four lemon law repair attempts are usually enough to show that it is a lemon.
The 30-Day Lemon Law Rule
California Lemon Law recognizes that most people can’t be without their vehicles for a lengthy amount of time. Under the statute, a vehicle may qualify as a lemon if it has been in the repair shop for a period of 30 days. If the dealership has not been able to repair the vehicle within a 30-day time frame, the owner may be eligible to receive a refund or replacement from the manufacturer. The rule applies regardless of whether repairs to remedy the defect were actually attempted.
Importantly, the 30-day rule doesn’t only apply if a vehicle was left in the shop for that long. It can also be invoked to show that a car meets the lemon law criteria if the vehicle was in the repair shop for a total of 30 days. It’s essential to understand that this doesn’t mean that the 30-day period must be consecutive. For instance, if only two lemon law repair attempts were made for an issue that did not pose a safety hazard — and the car was in the shop for 15 days each time — the vehicle will satisfy the 30-day requirement.
The Lemon Law Presumption
If certain criteria are satisfied, California law will presume that a vehicle is a lemon. If a vehicle has an unrepairable defect that arose within 18 months of its delivery, or within the first 18,000 miles driven, the lemon law presumption may apply. While repair attempts are still necessary, the lemon law presumption can make it even easier for a consumer to pursue a lemon law claim. If this legal presumption is applicable, the burden is on the manufacturer to prove that the vehicle is not a lemon — instead of the owner being required to establish evidence that the vehicle qualifies as one.
Contact an Experienced Southern California Lemon Law Attorney
If you bought a vehicle that fails to conform to its warranty, you might have a lemon. A knowledgeable lemon law attorney can evaluate your claim and advise you regarding your rights, remedies, and recourse. The attorneys at The Ledbetter Law Firm are dedicated to assisting clients with navigating the lemon law process and work to achieve a successful outcome in every case.
The Ledbetter Law Firm provides clients throughout Southern California with skillful representation to help ensure they obtain the refund or replacement vehicle they deserve from the manufacturer. With offices conveniently located in Torrance and San Diego, California, telephone and video conferencing options are also available. Call (310) 878-0067 to schedule a consultation with a California Lemon Law attorney today.
