If you bought a vehicle that keeps having problems, you might ask “when can I pursue a lemon law claim?” Specifically, you may have encountered the idea that you need a certain number of repair attempts on your vehicle before you can pursue a lemon law claim.
How many times do you have to take your car to the repair shop before you file a lemon law claim in California? The short answer is: it depends. Read our blog post for further clarification.
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Under the California Lemon Law, the vehicle owner or lessee must offer the auto manufacturer a “reasonable” number of chances to fix the vehicle so that it conforms to the manufacturer’s warranty. However, the number of repairs considered “reasonable” is not set in stone. Instead, it’s determined on a case-by-case basis.
However, a provision was implemented to prevent manufacturers from claiming that, for example, 30 attempts are needed to fix a vehicle. This provision is called the Lemon Law Presumptions, and it states that within 18,000 miles or 18 months (whichever happens first), a vehicle may be presumed a lemon if one of the following happens:
- Repairs take a cumulative total of more than 30 days
- At least four repairs were needed for a defect affecting use, safety or value, or,
- At least two repairs were needed for a defect that can cause bodily injury or death.
Not only does the auto manufacturer need to fix your vehicle within a reasonable number of tries, it also needs to do so within a reasonable amount of time. The Lemon Law Presumption already lists 30-or-more-day long repairs as a possible situation in which your vehicle is presumed to be a lemon.
More broadly, the California Lemon Law requires auto manufacturers to do the following:
- To maintain sufficient repair facilities so that consumers can bring their vehicles in for repairs,
- To start repairs within a reasonable amount of time, once the vehicle is brought in for repairs, and;
- To offer a replacement or a refund if they cannot repair the vehicle within a reasonable number of attempts.
If your auto manufacturer has not fixed your vehicle’s problems within a reasonable time period or number of attempts, call our lemon law attorneys for a free consultation into your legal options. Under the California Lemon Law, owners and lessees of defective vehicles may be eligible for significant cash compensation.
Our lemon law attorneys can help you better understand your rights. Call us 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.