Stop Denials: California Lemon Law Repair Attempt Review

Why Repair Attempts Matter

Under California’s Lemon Law (the Song-Beverly Consumer Warranty Act), your rights often turn on whether the manufacturer or its authorized dealer had a reasonable number of opportunities to fix a warranty-covered problem. See California Civil Code § 1793.2 and the lemon law presumption in § 1793.22. A methodical review of your repair history helps determine whether your vehicle qualifies and how to address common denial tactics.

What Counts as a Repair Attempt

A repair attempt typically means you presented the vehicle to an authorized dealer for diagnosis and repair of a warranty-covered defect. In practice, attempts can include:

• Service visits where the dealer verified and worked on the concern.
• Visits where the dealer attempted a fix or diagnosis but could not duplicate the issue, if your complaint was clearly documented.
• Warranty software updates, TSB procedures, or part replacements tied to your complaint.
• Safety-related complaints that the dealer documented and assessed.

Keep all documentation for each visit, even if the dealer notes “no problem found.”

Key Documents to Gather

• Purchase or lease agreement and warranty booklet.
• All repair orders and invoices (front and back) showing your complaint, the dealer’s findings, and work performed.
• Repair order numbers, dates in/out, and mileage in/out.
• Recall or TSB printouts tied to your VIN.
• Communication with the dealer or manufacturer (emails, texts, case numbers).
• Photos or videos capturing the defect.
• Tow records or roadside assistance confirmations.
• Loaner or rental records while the vehicle was out of service.

How to Read Your Repair Orders

• Customer complaint: Describe the same symptom consistently across visits.
• Technician notes: Look for diagnosis steps, fault codes, and parts replaced.
• Warranty vs. customer-pay: Ensure warranty coverage was applied when appropriate.
• Dates and mileage: Track frequency and worsening of the defect.
• Duplicate concern flags: Note when the dealer could not duplicate but acknowledged your description.

Out-of-Service Time and Safety Defects

California law recognizes both repeat repair attempts and extended time out of service. Within the first 18 months or 18,000 miles (whichever occurs first), a rebuttable presumption that a reasonable number of repair attempts has been met may apply if any of the following occur (see Civ. Code § 1793.22):

• Two or more repair attempts for a defect that is likely to cause death or serious bodily injury if the vehicle is driven.
• Four or more repair attempts for the same nonconformity.
• More than 30 cumulative days out of service for repair of nonconformities.

Even if the presumption does not apply, you may still establish a “reasonable number” of attempts under Civ. Code § 1793.2, based on your specific facts and documentation.

Common Denial Tactics—and How to Respond

• No problem found: Bring dated photos/videos, describe conditions that reproduce the issue, and request a joint test drive.
• Not enough attempts: Prepare a timeline of visits, any related TSBs, and interim fixes that failed.
• Misuse or modification: Provide maintenance records and proof of stock configuration, or that the issue began before any modification.
• Wear and tear: Tie the symptom to warranty-covered components and early mileage.
• Out of warranty: Note when the defect first appeared and when you first sought repair.

Steps to Strengthen Your Claim Now

• Create a repair log listing date, mileage, dealer, complaint, and outcome for each visit.
• Request complete service histories from all dealers you visited.
• Document triggering conditions (temperatures, speeds, routes, fuel level).
• Ask the dealer to road-test with you to duplicate the problem.
• Use consistent language for the same defect on every visit.
• Escalate to manufacturer customer care and obtain a case number.
• Preserve all communications; after each visit, send a brief summary email to the advisor.
• Consider an independent inspection if safe and cost-effective.

When to Seek a Legal Review

If your vehicle has repeated issues that affect use, value, or safety, or has spent substantial time in the shop, a legal review can assess whether your repair attempts are likely sufficient and whether to seek repurchase, replacement, or a cash settlement. Early evaluation helps avoid missed opportunities and combats delay-based denials.

What Our Lemon Law Repair Attempt Review Includes

• Analysis of every repair order for qualifying attempts, out-of-service time, and defect patterns.
• Identification of documentation gaps and requests for missing records.
• Application of California standards to your facts, including safety considerations.
• Strategy for additional documentation or a final opportunity to repair, if prudent.
• Manufacturer engagement with a substantiated demand when the record supports it.

Practical Tips Before Your Next Service Visit

• Book with an authorized dealer and confirm the visit is opened under warranty.
• In your own words, describe the safety impact or operational impairment.
• Ask the advisor to include your exact complaint and the reproducing conditions.
• Request a copy of the repair order at drop-off and the final invoice at pickup.
• Test the vehicle with a technician when feasible.
• Keep replaced parts if the dealer allows.
• If the issue persists, schedule promptly and reference the prior repair order number.

FAQ

Do “no problem found” visits count as repair attempts?

They can, if your complaint was clearly documented and you presented the vehicle for diagnosis under warranty.

How many repair attempts are enough in California?

The presumption may apply at two attempts for serious safety issues, four for other defects, or 30 cumulative days out of service within 18 months/18,000 miles. Outside the presumption, what is “reasonable” depends on your facts.

Do I have to give the dealer another chance?

Not always. It depends on your repair history, safety risk, and whether the manufacturer already had reasonable opportunities.

Can software updates or TSBs count?

Yes, when they are applied to address your documented complaint.

What remedies are available?

Repurchase, replacement, or a cash settlement, plus potential civil penalties and attorney’s fees in qualifying cases.

Ready to Address Denials?

A focused repair-attempt review can turn a weak file into a stronger claim. Contact us to evaluate your repair history and next steps.

References

• California Office of the Attorney General — Lemon Law Overview
• California Civil Code § 1793.2
• California Civil Code § 1793.22 (Tanner Consumer Protection Act)

Disclaimer

This post concerns California law (Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act) and is for general informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Laws, remedies, and deadlines can change and vary by facts. If you are outside California or have specific questions, consult a qualified attorney licensed in your jurisdiction.