Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
If your car keeps going back to the shop, you’re probably wondering how many times the manufacturer has to try fixing it before California’s lemon law might help. At ZapLemon, we regularly talk with drivers who are frustrated by repeat repairs and long stretches without their vehicles. This article explains, in plain terms, what counts as a “repair attempt” and how the number of tries or days out of service can matter under California’s lemon law, so you can better understand your options and what to track.
What Counts as a Repair Attempt in California?
Under California’s Song-Beverly Consumer Warranty Act (the “lemon law”), the manufacturer must be given a reasonable number of chances to fix warranty-covered problems that substantially impair the use, value, or safety of the vehicle. A repair attempt typically means you presented the vehicle to a manufacturer-authorized dealer or facility for diagnosis and repair under the warranty. It doesn’t have to be a successful fix—what matters is that you gave the manufacturer a real opportunity to diagnose and address the issue.
Even if the repair order says “could not duplicate,” “no trouble found,” or “operating as designed,” that visit can still count as a repair attempt, because you reported the problem and the dealer investigated it. Time your car spends at the dealer waiting for parts, undergoing software updates, or being road-tested can also count as part of a repair attempt and days out of service. By contrast, routine maintenance or repairs performed at a non-authorized shop usually do not count toward lemon law repair attempts.
Modern vehicles, including EVs, sometimes receive over-the-air (OTA) software updates intended to correct defects. If an OTA update is initiated by the manufacturer to fix a warranty-related issue, that may, in some situations, be treated like a repair attempt—especially when it’s documented and clearly tied to the problem. The safest approach is to document every step: save screenshots or emails about updates, ask the dealer to note software versions, and make sure the repair order describes your concern in your own words.
How Many Tries or Days Out of Service Matter?
California’s lemon law includes a legal “presumption” that helps consumers if certain benchmarks are met within the first 18 months or 18,000 miles (whichever comes first). That presumption may apply if: (1) the dealer tried to fix the same issue at least four times; or (2) the dealer tried to fix a defect likely to cause death or serious bodily injury at least two times; or (3) the vehicle was out of service for repairs for a total of more than 30 days. These are guidelines that shift the legal burden—claims can still exist even if you’re outside these numbers, but the presumption can make your path easier.
“Days out of service” are cumulative and don’t have to be in a row. They generally include days your vehicle is at an authorized facility for warranty diagnosis or repair, including days waiting for parts, and they count even if you receive a loaner or rental. Routine scheduled maintenance, cosmetic work unrelated to the defect, or delays caused solely by the owner typically don’t count. Also, even if your repair attempts occur after 18 months/18,000 miles, you may still have a claim—just not the benefit of the presumption—if the defect was reported and addressed under warranty and substantially impairs use, value, or safety.
Practical steps can strengthen your position. Keep a repair log with dates in/out, mileage, and who you spoke with. Ask for detailed repair orders every time, and make sure your complaint is written in plain language that matches what you experience (e.g., “stalling at stoplights,” “transmission shudder on acceleration,” “battery won’t hold charge,” “infotainment reboots while driving”). If you’ve had multiple unsuccessful repairs, consider asking the dealer to open a manufacturer case number and, if the problem is safety-related, note that in writing. When in doubt, a consultation with a California lemon law attorney can help you understand how your facts fit the law.
This article is for informational purposes only and does not constitute legal advice. It is not a substitute for consulting a lawyer about your specific situation. Reading this page or contacting ZapLemon does not create an attorney-client relationship. Attorney advertising: past results do not guarantee similar outcomes.
Need a case-specific review?
Use the case-review form to share the warranty, repair orders, dates, mileage, and supporting facts an attorney would need to evaluate, or call (844) 927-5366.
Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.