Understanding the Importance of Giving Manufacturers a Reasonable Number of Repair Opportunities for Your New Car Under Warranty

Introduction: Purchasing a new car is an exciting milestone for many consumers. However, when a new vehicle experiences persistent issues or defects, it can quickly turn into a frustrating and disappointing experience. Fortunately, consumers in California are protected by robust lemon laws that provide recourse in such situations. But why is it necessary to give the manufacturer a reasonable number of repair opportunities before seeking relief under these laws? As a California lemon law lawyer, I encounter this question frequently. In this article, we’ll delve into the reasons behind this requirement and shed light on its importance in protecting both consumers and manufacturers.

Understanding Lemon Laws: Lemon laws are designed to protect consumers who have purchased or leased defective vehicles, often referred to as “lemons.” These laws vary from state to state, but they generally provide legal remedies such as a refund, a replacement vehicle, or cash compensation to consumers who have experienced defects that substantially impair the use, value, or safety of their vehicles.

In California, the lemon law is particularly robust, offering strong protections to consumers who find themselves with a defective vehicle. Under the Song-Beverly Consumer Warranty Act, commonly known as the California “Lemon Law”, manufacturers are required to repair defects covered by the warranty within a reasonable number of repair attempts. If they fail to do so, the consumer may be entitled to relief, such as a refund or replacement vehicle.

The Importance of Giving Manufacturers a Reasonable Number of Repair Opportunities: The requirement to give manufacturers a reasonable number of repair opportunities before seeking relief under the lemon law serves several important purposes:

Opportunity for Repair: The primary purpose of this requirement is to give the manufacturer a fair opportunity to repair any defects or issues covered by the warranty. In many cases, defects can be complex or intermittent, making them challenging to diagnose and repair. By allowing the manufacturer multiple attempts to fix the problem, consumers increase the likelihood of a successful repair and the restoration of their vehicle’s functionality.

Protecting Manufacturers: Giving manufacturers a reasonable number of repair opportunities also serves to protect their interests. Requiring multiple repair attempts ensures that manufacturers have a chance to fulfill their obligations under the warranty and address any defects or issues that arise. It prevents consumers from seeking recourse prematurely and helps avoid unnecessary litigation or disputes.

Preserving Evidence: Each repair attempt provides valuable evidence that can be used to support a lemon law claim if necessary. Documentation of repair attempts, including invoices, work orders, and communication with the manufacturer or dealership, helps establish the history of the vehicle’s defects and the manufacturer’s efforts to remedy them. This evidence is crucial in demonstrating that the consumer has complied with the requirements of the lemon law and is entitled to relief.

Encouraging Resolution: Giving manufacturers a reasonable number of repair opportunities encourages communication and cooperation between consumers and manufacturers. In many cases, manufacturers are willing to work with consumers to resolve issues and avoid the escalation of disputes. By allowing for multiple repair attempts, consumers and manufacturers have the opportunity to collaborate towards a mutually beneficial resolution, such as a successful repair or a satisfactory settlement.

Determining What Constitutes a Reasonable Number of Repair Attempts: While the lemon law requires consumers to give manufacturers a reasonable number of repair opportunities, it’s essential to understand what constitutes “reasonable” in this context. There is no fixed number of repair attempts specified in the law, as it can vary depending on the nature and severity of the defects, as well as other factors such as the vehicle’s warranty coverage and the manufacturer’s policies.

In general, and based on our firm’s experience prosecuting these matters in front of a jury, a reasonable number of repair attempts is typically considered to be three or more attempts to repair the same substantial defect. However, there are exceptions to this rule. For example, if the defect poses a serious safety risk, such as brake failure or steering issues, fewer repair attempts may be deemed reasonable. Similarly, if the vehicle has been out of service for an extended period due to repair attempts, the consumer may be entitled to relief even if fewer than three repair attempts have been made.

It’s also important to note that the lemon law may apply if the vehicle has been out of service for a cumulative total of 30 days or more due to warranty repairs, even if the repairs were not for the same specific issue. This provision ensures that consumers are not unduly burdened by prolonged repair processes that prevent them from enjoying the full use of their vehicles.

Steps to Take When Dealing with a Defective Vehicle: If you find yourself with a defective vehicle and are considering pursuing relief under the lemon law, it’s essential to take the following steps:

Document the Defect: Keep detailed records of the defect, including when it first occurred, any symptoms or warning signs, and how it impacts the use, value, or safety of the vehicle. Take photographs or videos if possible to document the issue visually.  Make sure to capture the odometer reading at the time of the photos or videos taken. 

Allow for Repair Attempts: Give the manufacturer a reasonable number of opportunities to repair the defect. Be sure to comply with any reasonable requests for diagnostic testing or repair work.

Consult with a Lemon Law Lawyer: If the manufacturer fails to repair the defect within a reasonable number of repair attempts, or if the vehicle has been out of service for an extended period, consult with a qualified lemon law lawyer to discuss your options. A lawyer can help you understand your rights under the lemon law and guide you through the process of seeking relief.

Conclusion: Giving manufacturers a reasonable number of repair opportunities is a fundamental requirement of lemon laws such as the California Lemon Law. By allowing manufacturers the chance to repair defects covered by the warranty, consumers increase the likelihood of a successful resolution and the restoration of their vehicle’s functionality. This requirement also serves to protect the interests of both consumers and manufacturers, preserve evidence for potential lemon law claims, and encourage communication and cooperation between parties. If you find yourself with a defective vehicle, it’s essential to understand your rights under the lemon law and take appropriate steps to seek relief. Consulting with a knowledgeable lemon law lawyer can provide valuable guidance and support throughout this process, ensuring that your rights are protected and that you receive the compensation or remedies to which you are entitled.

Lemon Law Lawyers Group

32605 Temecula Parkway
Suite 101, Temecula, CA 92592

Phone: (951) 324-4111
Fax: (951) 602-6520
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The founder and owner of Lemon Law Lawyers Group, Inc. is Erika N. Kavicky, State Bar No. 225052. This website does not create an attorney client relationship nor does it provide legal advice. Any results posted on the website are not guarantees, warranties, or predictions on how your case may turn out. This website is intended for legal advertisement as allowable by the California State Bar.