How Many Repair Visits Does It Take Before You Can Demand a Refund?

If your vehicle won’t stay fixed despite repeated trips to the shop, California’s Lemon Law could help you. The laws don’t set a specific number of attempts, so it’s a good idea to talk with a lawyer who has experience in this area. A lawyer will be able to tell you how the laws are interpreted and applied in cases like yours.

Lemon Law Repair Attempts

The law creates a presumption that a reasonable number of repair attempts have occurred if certain conditions are met within the first 18 months or 18,000 miles of the vehicle’s life, whichever comes first. Once that presumption kicks in, the burden shifts, and now the manufacturer must either replace the vehicle or refund the purchase price, and you may choose which.

How It Works

If you’ve had four or more unsuccessful repair attempts by the manufacturer, or its authorized agents, for the same problem, this triggers the presumption. In addition, you must have notified the manufacturer directly at least once about the ongoing issue. Each visit counts only if it addresses that specific problem and the repair does not permanently resolve it.

If the defect you’re having repaired is so serious it could cause death or serious bodily injury if the vehicle is driven, such as if the brakes don’t work properly under certain circumstances, then you only need two or more unsuccessful repair attempts, plus that same direct notification to the manufacturer, to trigger the presumption. 

Other Ways to Qualify

The vehicle also qualifies under the presumption if it has been out of service for repairs for any warranty-covered issues (not just the same one over and over) for a cumulative total of more than 30 calendar days. These days do not need to run consecutively, either. All the time you’ve spent waiting for parts or waiting for the shop to schedule the work counts toward the total, as long as the vehicle remains unavailable to you because of the repair process.

California Requirements for Refunds

State warranty rules require you to keep all the records from every service visit. The repair orders should list the exact complaint you reported, the date you dropped off and picked up the vehicle, the odometer reading at drop-off, and a clear description of what work was performed. 

You’ll also need proof that you notified the manufacturer, so it’s best to send a letter by certified mail to the address listed in your owner’s manual or warranty booklet and keep the return receipt. 

Your Rights Under the Law

Once you’ve triggered the presumption, you’ll need to go to arbitration, and if the arbiter agrees that the demands of the Lemon Law presumption have been met, you now have the right to demand either a replacement vehicle of the same make and model or a refund of the purchase price. 

If you’ve reached this point with your vehicle, contact us today at the Law Offices of William R. McGee in Carlsbad, CA for a no-cost review of your repair history. We also have offices in Los Angeles, Irvine, San Diego, San Francisco, Glendale, Oxnard, and Sacramento.

Tags: Lemon Law, Warranty Repairs
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