One of the most common questions from consumers with defective vehicles is how many repair attempts must occur before their car qualifies as a lemon. While there is no single answer that applies everywhere, understanding the general standards and your state's specific requirements helps you determine when you have grounds for a lemon law claim. Meeting the repair attempt threshold is essential for pursuing a refund or replacement vehicle under lemon law protections.
The Reasonable Number of Attempts Standard
Lemon laws require that manufacturers be given a reasonable number of attempts to repair a defect before the vehicle qualifies as a lemon. This standard recognizes that some problems are difficult to diagnose and that manufacturers deserve a fair opportunity to make things right. What constitutes reasonable varies by state, with most states specifying either a set number of repair attempts or a presumption that triggers after a certain number of attempts.
The repair attempt requirement balances consumer protection against manufacturer interests. Too few required attempts might penalize manufacturers for problems that simply needed additional diagnosis. Too many required attempts would force consumers to endure extended periods with unsafe or unreliable vehicles. State laws attempt to find the appropriate balance for their jurisdictions.
Common State Standards
Most state lemon laws presume that a reasonable number of attempts has been made when the same substantial defect has been subject to repair three or four times. California, for example, presumes a lemon after two attempts for defects that could cause death or serious injury, or four attempts for other substantial defects. New York's law similarly provides a presumption after four repair attempts for the same defect.
These presumptions do not mean you must wait for exactly that many attempts before having a valid claim. The presumption simply shifts the burden to the manufacturer to prove that additional attempts would be reasonable. In some cases, courts have found vehicles to be lemons after fewer attempts when circumstances made additional attempts clearly futile or unreasonable.
Days Out of Service Requirements
Beyond counting repair attempts for specific defects, many state laws consider the total time your vehicle has been unavailable due to repairs. A common standard is thirty cumulative days out of service during the warranty period or a specified time after purchase. If your vehicle has been in the shop for this long, it may qualify as a lemon regardless of how many different problems caused those repair visits.
The days out of service calculation typically includes only actual repair time, not time waiting for parts or time when the vehicle was at the dealer but work had not begun. Some states count only days during the warranty period, while others use a fixed period from the date of purchase. Understanding exactly how your state calculates this threshold helps you track whether you meet the requirement.
Safety Defect Exceptions
Many states apply stricter standards for defects that pose safety risks. If a problem could cause death or serious bodily injury, fewer repair attempts may be required before the vehicle qualifies as a lemon. The rationale is that consumers should not be forced to repeatedly risk their lives while manufacturers attempt repairs that may never succeed.
Common safety defects that may qualify for expedited treatment include brake failures, steering defects, sudden acceleration problems, airbag malfunctions, and fire hazards. If you are experiencing a safety-related defect, document each occurrence carefully and consider whether your state's lemon law provides special treatment for such problems.
What Counts as a Repair Attempt
For a visit to count as a repair attempt, you must have presented the vehicle to an authorized dealer or repair facility and given them the opportunity to address the problem. Simply complaining about an issue without leaving the vehicle for service typically does not count. The repair order should document your complaint, and ideally the dealer should have performed diagnostic or repair work.
Each repair attempt should be for the same or substantially similar problem. Visits for routine maintenance or unrelated issues do not count toward the repair attempt threshold for a specific defect. However, if multiple repair attempts address what turns out to be the same underlying problem manifesting in different ways, those visits may count collectively.
Documenting Your Repair Attempts
Proper documentation of repair attempts is crucial for any lemon law claim. Each time you bring your vehicle in for service, obtain a copy of the repair order and review it to ensure your complaints are accurately recorded. If the written description does not match what you reported, ask for corrections before signing anything.
Keep a personal log of repair visits noting the date, what problem you reported, how long the vehicle was in the shop, and whether the problem was resolved. Photograph any dashboard warning lights or visible defects. This documentation provides evidence if the dealer's records are incomplete or if there is any dispute about what problems were reported and when.
When the Dealer Says the Problem Cannot Be Reproduced
A common frustration occurs when dealers claim they cannot reproduce an intermittent problem. While this may sometimes be legitimate, the failure to reproduce the problem during a service visit still typically counts as a repair attempt. You reported the issue and gave the dealer the opportunity to address it; the fact that they could not find it does not mean the attempt did not occur.
If your vehicle has intermittent problems, try to document symptoms when they occur through video recordings, photographs, or detailed written notes. Note the circumstances such as weather, road conditions, or vehicle operation that seem to trigger the problem. This information may help technicians reproduce the issue and strengthens your claim if the problem continues despite repair attempts.
Reaching the Threshold
Once you believe you have met your state's repair attempt requirements, the next step is typically to provide formal notice to the manufacturer if required and then pursue your lemon law remedies. Do not assume that reaching the threshold automatically entitles you to relief; you must still prove that the defect substantially impairs the vehicle's use, value, or safety. Consulting with a lemon law attorney helps you evaluate whether your specific situation meets all requirements for a successful claim.