How Many Repair Attempts Qualify for A Lemon Law Claim In California?

In this article, you will discover:

• How many reasonable repair attempts are required under California’s Lemon Law.
• What happens if the dealership can’t duplicate your defect during repair attempts.
• The impact of your car’s days out of service under California’s Lemon Law.

What Does California Law Say About Reasonable Repair Attempts?

Under the Song-Beverly Act (California’s Lemon Law), there must be a minimum number of reasonable repair attempts for a defective vehicle before the manufacturer or dealer is required to provide a remedy, such as a repurchase or replacement vehicle. “Reasonable” depends on the type of defect.

How The Reasonable Repair Rule Works

Currently, a manufacturer or dealer is required to perform:

• Two repair attempts for a serious safety defect that may cause significant injury or possibly death
• Four repair attempts for less serious nonconformity, such as a defect in the air conditioning

Under the law, two “reasonable” repair attempts are the bare minimum. Specifically, the law references two repair attempts in which the manufacturer had the opportunity to repair but couldn’t. These two attempts don’t include the original attempt to repair the defect.

If you have two repair attempts and the second one is successful, that wouldn’t qualify under the law. You would have to prove that the defect in question was still present.

What Constitutes A “Significant” Safety Defect?

Significant safety repairs include, among other things, brakes, steering and electrical shutdowns or loss of battery power with electric vehicles. Suppose you have a seatback that won’t lock and just keeps falling back. Because that seat is designed to keep you in position safely while driving, that’s a significant safety defect for which the dealer or manufacturer is entitled to at least two repair attempts.

An attorney might argue that a defect in a car’s infotainment system can be a significant safety issue because it may distract a driver. For example, while the system is glitching, you could be preoccupied trying to adjust it and become distracted from driving.

If you’re trying to determine whether your repair constitutes a significant safety defect, a Lemon Law and warranty claims attorney is best qualified to evaluate which repairs are significant and which are not.

Attorney Raphael Davis is a skilled lawyer based in Irvine, California, who has helped countless clients like you navigate the intricacies of California's Lemon Law. With years of experience, he is prepared to assist you in filing your Lemon Law claim so you receive the compensation you deserve for your defective vehicle.

Still have questions? Ready to get started? Contact Lemonaid Legal today to schedule an initial consultation.

Do My Car’s Days Out Of Service At The Repair Shop Count Toward A California Lemon Law Claim As Much As Repair Attempts?

In California, a vehicle can be out of service and in repair for up to 30 cumulative days before it exceeds the repair threshold that limit is considered a minimum. Some courts have held that while you may be at the minimum 30-day threshold, that does not mean the manufacturer must buy back your car on day 31.

That determination is on a case-by-case basis. Suppose you’ve only owned the car for 90 days, but it’s been in the shop for 30 of those days.

That would be significant: that the manufacturer or dealer had the car for almost as long as you have.

By contrast, if you’ve owned the car for four years and day 31 of the manufacturer’s or dealer’s repair opportunity is tomorrow, you’ve reached the bare minimum limit, but that doesn’t necessarily require a repurchase. However, it may entitle you to some damages.

It’s more likely that courts would consider 45 to 60 days as an unreasonable delay. Ultimately, it’s a case-by-case determination that considers how many reasonable repair attempts were made and how long the manufacturer or dealer had the vehicle.

A Lemon Law attorney can review the totality of the circumstances to determine whether you have a viable claim because your car was out of service for an extended period.

What Happens If A Dealership Claims It Cannot Duplicate The Vehicle Defect During Lemon Law Repairs?

When you take a car in for repair, your only job is to present the vehicle to the manufacturer and inform them that something isn’t working. It’s not your responsibility to explain why, because you’re not an expert or a mechanic.

The manufacturer’s or dealer’s job is to fix the vehicle. However, if they can’t duplicate the defect, that becomes an issue because you don’t have a viable source to explain the problem. In that case, you may need to hire an independent expert to inspect the vehicle and pinpoint the problem, which can cost $400 to $600.

If the defect can’t be duplicated but you have video showing it, that’s evidence that the problem exists. However, the manufacturer won’t accept video because that’s not their policy. The dealership must recreate the defect to get paid by the manufacturer for repairing it.

Notes From The Field: When Is The Right Time To Consult A California Lemon Law Attorney?

Clients are typically in the dark as to how the Lemon Law and repurchase work. For that reason, you should reach out to an attorney early because it streamlines the entire process.

An attorney can review your documents and determine the likelihood of your case’s success. If success isn’t likely, your attorney can tell you how to proceed with paperwork and repair attempts.

As for making the claim, the process is now almost automatic with a lawyer’s help. You don’t have to submit records or calculate a formula. Instead, the manufacturer will present you with a repurchase offer. An attorney can tell you whether the offer is acceptable.

The process costs you nothing because my services are provided on a fee-shifting basis. Typically, 99% of my clients don’t pay anything because my fee is shifted back to the manufacturer.

Still Have Questions? Ready To Get Started?

For more information on California Lemon Law claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 203-2967 today.