Your New Car Has Been in the Shop for Weeks – Now What?
You’re on day 25 without your vehicle, relying on rideshares while your new car sits in the repair shop. If you’re facing extended repair times, California law provides specific protections when repairs drag on too long. Understanding when repair time triggers lemon law protections can help you take action to get back on the road with either a working vehicle or fair compensation.
💡 Pro Tip: Start documenting every day your vehicle is in the shop from day one – take photos of repair orders with dates and keep a simple calendar marking each day your car is unavailable for use.
If you’re tired of watching your car languish in the shop for over 30 days, it might be time to shift gears. California’s lemon law offers you a road map to remedy, and Knight Law Group is ready to guide you through the process. Reach out to us at 833.208.8181 or contact us to discuss your situation and get your journey back on track.
Understanding California’s 30-Day Repair Rule for Lemon Law Attorney in Los Angeles, CA
California Civil Code Section 1793.22 creates a powerful presumption for consumers when their vehicle spends too much time in the repair shop. If your vehicle is "out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery," you may have grounds for a lemon law claim. This 30-day threshold creates a "rebuttable presumption" – shifting the burden to the manufacturer to prove they’ve made reasonable repair attempts. When working with a Lemon Law Attorney in Los Angeles, CA, this presumption can significantly strengthen your case.
These 30 days must occur within the first 18 months or 18,000 miles of ownership, whichever comes first. This protection applies to vehicles bought or used primarily for personal, family, or household purposes, though certain business vehicles may also qualify. Understanding these timeframes is crucial because missing the window could affect your ability to pursue California Lemon Law CIV 1793.22 remedies. The days don’t need to be consecutive – they accumulate over multiple repair visits.
💡 Pro Tip: The 30-day count includes weekends and holidays, but excludes delays caused by conditions beyond the manufacturer’s control, such as parts shortages due to natural disasters or labor strikes.
How Repair Days Add Up to Trigger Your Lemon Law Rights
Calculating your total repair days requires careful attention to detail and proper documentation. Each day your vehicle enters the shop for warranty repairs counts toward the 30-day total, from drop-off until pickup. Multiple shorter stays quickly accumulate – three visits of 10 days each puts you at the threshold. A Lemon Law Attorney in Los Angeles, CA can help verify your repair timeline meets statutory requirements.
- Day 1-7: Initial diagnosis and parts ordering
- Day 8-14: Repair attempts begin, complex issues may require additional troubleshooting
- Day 15-21: Manufacturers may authorize more extensive repairs or component replacements
- Day 22-30: Document everything and prepare to assert your rights
- Day 31+: You’ve crossed into presumptive lemon territory – consult a lawyer about lemon law for new cars
💡 Pro Tip: Request a loaner vehicle in writing each time you bring your car in for repairs – if the dealer refuses or has none available, this strengthens your case by showing the hardship caused by extended repairs.
Your Options When Your Vehicle Hits 30 Days in the Shop
Once your vehicle crosses the 30-day repair threshold, California law provides clear remedies. The manufacturer must either repurchase your vehicle or provide a replacement. Recent legislative changes through AB 1755 and SB 26 have streamlined these procedures. Knight Law Group has handled thousands of lemon law cases throughout Southern California, helping clients navigate the complex requirements for manufacturer buybacks. A qualified Lemon Law Attorney in Los Angeles, CA understands both the statutory presumptions and practical strategies for compelling manufacturers to honor their obligations.
Under new procedures effective 2024-2025, manufacturers must provide notice information in both English and Spanish on their websites, owner’s manuals, and warranty booklets. If you demand in writing that the manufacturer repurchase or replace your vehicle, they have 30 days to offer restitution and 60 days to complete the process. Failure to meet these deadlines allows you to pursue additional remedies. You can choose between a refund or replacement vehicle – you’re not stuck accepting the manufacturer’s first offer.
💡 Pro Tip: Even if the manufacturer claims delays were beyond their control, document their explanation in writing – judges often scrutinize these excuses carefully, especially for new vehicles under warranty.
Beyond the 30-Day Rule: Other Ways Your Car Qualifies as a Lemon
While the 30-day repair threshold provides one path to lemon law protection, California law recognizes several other scenarios. If your vehicle undergoes four or more repair attempts for the same nonconformity within 18 months or 18,000 miles, you may have a claim even if total days don’t reach 30. For safety-critical defects affecting brakes, steering, or other systems "likely to cause death or serious bodily injury," just two failed repair attempts can trigger protection. Many people who consult a lawyer discover their situation qualifies under multiple presumptions.
Safety Defects Require Fewer Attempts
California law takes safety defects especially seriously, recognizing some problems can’t wait for multiple repair attempts. If your vehicle has brake failures, steering problems, or other defects that could cause serious accidents, the manufacturer gets fewer chances to fix the issue. Recent cases have expanded what counts as safety-related, including advanced driver assistance systems and stability control features that malfunction.
💡 Pro Tip: If you experience any safety-related defect, report it immediately in writing to both the dealer and manufacturer, explicitly stating your safety concerns – this documentation proves invaluable if you need to pursue a claim.
Essential Documentation for Your 30-Day Lemon Law Claim
Building a strong lemon law case requires meticulous record-keeping from your first repair visit. Every repair order, invoice, and communication with the dealer or manufacturer becomes potential evidence. California’s Bureau of Automotive Repair requires licensed shops to provide written estimates and detailed invoices, giving you a paper trail to prove your vehicle’s time out of service. Maintain your own repair log, noting dates dropped off and picked up, problems reported, and work performed. This dual documentation system protects you if dealer records go missing or contain errors.
What Records You Need to Keep
Your documentation should include all repair orders showing drop-off and pickup dates, detailed descriptions of reported problems, and work performed. Keep copies of warranty booklets, owner’s manuals, and any manufacturer communications about your vehicle’s defects. Photos and videos of recurring problems provide powerful evidence. Text messages and emails with service advisors often contain admissions about ongoing problems or parts availability issues. Having organized records accelerates the evaluation process and strengthens your position during negotiations.
💡 Pro Tip: Create a dedicated folder (physical or digital) for all vehicle records the day you purchase your car – this habit ensures you never lose critical documentation if lemon law issues arise months later.
Frequently Asked Questions
Understanding the 30-Day Repair Timeline
Many consumers have questions about how the 30-day rule works in practice and what counts toward this important threshold. Understanding these details helps you protect your rights and take appropriate action when repair times become excessive.
💡 Pro Tip: Don’t wait until day 29 to start preparing your case – begin organizing documents and consulting with attorneys as you approach 20-25 days to ensure you’re ready to act.
Next Steps When You Hit 30 Days
Once your vehicle crosses the 30-day threshold, taking prompt action protects your rights and accelerates resolution. Understanding the process helps you make informed decisions about pursuing your lemon law claim.
💡 Pro Tip: Keep using official dealer repairs even after 30 days if safety permits – continued repair attempts strengthen your case by showing the manufacturer cannot fix the problems despite extended opportunities.
1. Do the 30 days need to be consecutive for a Lemon Law Attorney in Los Angeles, CA to take my case?
No, the 30 days are cumulative, not consecutive. If your car spends 10 days in the shop in January, 12 days in March, and 8 days in May for warranty repairs, you’ve met the 30-day threshold. The law recognizes that defects often require multiple repair visits over time.
2. What if the dealer says delays were due to parts availability beyond their control?
While the law allows extensions for conditions beyond the manufacturer’s control, dealers must prove these circumstances legitimately prevented timely repairs. Courts scrutinize these claims carefully, especially for common parts that should be readily available. Document all delay explanations in writing.
3. Can I still pursue a lemon law claim if my car was in the shop 30 days but I’m past 18 months of ownership?
The 30-day presumption requires the time to accumulate within 18 months or 18,000 miles of delivery. However, you may still have claims under general warranty law or if problems first appeared within the presumption period. Consulting an attorney helps identify all possible remedies.
4. How does the 30-day rule apply to loaner vehicles provided during repairs?
Providing a loaner doesn’t stop the clock on repair days – your vehicle remains "out of service" while in the shop regardless of temporary transportation. However, manufacturers may argue loaners reduce your damages, making documentation of any loaner limitations important.
5. What happens after I notify the manufacturer about exceeding 30 repair days?
Under recent California law changes, manufacturers must respond to written demands within 30 days with an offer and complete buybacks or replacements within 60 days. If they miss these deadlines, you can sell the vehicle and still pursue your claim, potentially recovering additional damages.
Work with a Trusted Lemon Law Lawyer
When your vehicle has spent 30 or more days in the repair shop, you need experienced legal guidance to enforce your rights under California’s lemon law. Knight Law Group focuses exclusively on helping consumers throughout California obtain remedies for defective vehicles, with extensive experience handling cases involving extended repair times, safety defects, and recurring problems. We work directly with manufacturers to pursue buybacks, replacements, and compensation for our clients. Contact us today to discuss how we can help resolve your lemon law matter.
If your car’s overextended stay in the shop has you itching for action, California’s lemon law might just be the ticket you need. With Knight Law Group by your side, explore the avenues to reclaim your road-ready lifestyle. Give us a ring at 833.208.8181 or contact us to find out how we can assist you today.
