As a car owner or lessee, it can be frustrating – and downright unsafe – when your vehicle has problems that will not go away despite multiple trips to the repair shop. If you’re wondering how many times you have to take your car in for repairs before you can file a lemon law claim, read on for more information.
When it comes to the number of repair attempts you need made on your vehicle, there is no cut-and-dry benchmark in the California Lemon Law. Instead, the California Lemon Law states that a “reasonable” number of repair attempts need to be made. What “reasonable” is depends on the facts of each individual case.
However, the Lemon Law Presumption provides a rough guideline and prevents auto manufacturers from claiming that an absurd number of repair attempts is considered “reasonable.”
The Lemon Law Presumption applies if, within 18 months of deliver, or within 18,000 miles, one of these situations occurs:
- Within four repair attempts, a problem that impairs use, value or safety of the vehicle is not fixed.
- Within two repair attempts, a problem severe enough to cause death or serious bodily injury is not fixed.
- The vehicle has been in the shop for more than 30 cumulative days and the problem is still not fixed.
If your vehicle is presumed to be a lemon, that does not mean that you automatically qualify for a replacement or a refund after a certain number of repair attempts. The presumption merely shifts the burden of proof onto the manufacturer. You will still have to file a lemon law claim against the auto manufacturer and win your case. The presumption does not apply to your case until after you try to go through arbitration.
If you have taken your car in for multiple repair attempts and it is still not fixed, it’s worth exploring your legal options under the Lemon Law. Your vehicle does not have to conform to the Lemon Law Presumption in order to be eligible for a lemon law claim. Get a free consultation with our lemon law firm at 877-222-2222.
Lemon Law Help by Knight Law Group is an automotive lemon law firm that exclusively practices in California. If you are a California resident who purchased or leased a defective vehicle from a licensed dealership in California, we may be able to help you get rid of your potential lemon and recover significant cash compensation. Model year restrictions apply: 2016–Present vehicle models only. However, we cannot help those who reside outside of California or purchased their vehicle outside of California unless they are active duty members of the Armed Forces, nor will we be able to refer those to a lemon law firm in their states. To learn more about the California Lemon Law and your legal rights, visit our California Lemon Law Guide for more information.