Car Repair Shops: When to Seek Legal Help

Repair shops at car dealerships have a bad reputation for the quality of their work, difficulty getting appointments, pressure to pay for unnecessary services, and other issues. To avoid this, many car owners needing repair work go to independent mechanics and garages despite car manufacturers insisting that only authorized dealerships should work on their vehicles.

But not going through the dealership for repairs becomes an issue if your vehicle has problems that cannot be resolved. In California, a motor vehicle is considered a “lemon” if a significant problem covered by the manufacturer’s original warranty remains unrepaired despite giving the dealership a reasonable number of attempts to repair it. This gives the owner the right to demand that the manufacturer buy back the faulty vehicle and refund additional costs.

However, California’s Lemon Law requires that the car owner or lessee give the manufacturer – or one of their authorized dealerships – a reasonable number of attempts to repair the allegedly faulty vehicle. Repair work by others doesn’t count toward defining the vehicle as a lemon. So, if you might have a lemon on your hands, there are a few things to keep in mind when getting repairs.

When to Take My Car to the Repair Shop

You should take your car to an authorized dealership when it needs repairs. Your vehicle is likely in need of repair if you notice:

• Dashboard warning lights
• Strange noises
• Unusual smells
• Fluid leaks
• Significant decline in performance of systems (brakes, steering, or electrical components) or engine acceleration or speed
• Failure to start

An auto repair shop can also perform regular maintenance for you. You should consult your vehicle’s user manual and follow its schedule for routine maintenance. 

It’s best to take your vehicle to the dealership as soon as possible after noticing an issue. If you wait too long, your warranty could expire and you could miss your chance to file a Lemon Law claim.

Where Should I Take My Car to Get Repairs?

It is a myth that having your vehicle serviced or repaired by a garage or mechanic other than a manufacturer-authorized dealership voids the manufacturer’s warranty. Federal law does not allow manufacturers and dealers to not honor a warranty only because someone else worked on the car. The manufacturer can make you use the repair shop it chooses if you are getting free work done under your warranty, though.

If you choose to use an independent garage or mechanic, you should make sure you are dealing with an ASE-certified mechanic. Certification by the National Institute for Automotive Service Excellence (ASE) means the mechanic has completed an automotive repair training program, has at least two years of relevant work experience, and has passed the ASE certification test. Most car dealerships employ ASE-certified mechanics.

However, there are two issues to keep in mind if someone other than the dealership services or repairs your vehicle:

Damage Caused by Bad Repairs

The manufacturer’s warranty might not cover damage caused by a faulty repair. For instance, if an independent mechanic incorrectly replaced a belt and damaged the engine, the dealership may say the warranty no longer covers necessary engine repairs. Legally, the dealership must demonstrate that the improper belt replacement and not some other defect caused the engine damage, though.

The same is true if you or a mechanic install “aftermarket” parts made by a company other than the vehicle or original equipment manufacturer. If the dealership can show that the aftermarket equipment caused the need for repairs, they can deny warranty coverage.

Repair Attempts

To file a California Lemon Law claim, you must allow the manufacturer multiple attempts to repair the vehicle. If there are problems with a vehicle that ultimately cannot be repaired, you must work with the dealership before considering a Lemon Law claim. The three or four times that an independent mechanic failed to repair your car are wasted time and effort as far as what matters to a court considering a Lemon Law claim.

What Is a Lemon Law Claim and How Can It Help Me?

The California Lemon Law protects consumers who have bought or leased defective motor vehicles in the state. Generally, a vehicle qualifies as a lemon if it has defects covered by the manufacturer’s original warranty that have not been fixed after a “reasonable number” of repair attempts. This law requires manufacturers to repurchase faulty vehicles if their problems began while they were under warranty.

The typical remedy to a California Lemon Law claim is a buyback, which means the manufacturer refunds what the consumer has spent on the vehicle, including the purchase price, sales and use taxes, and registration and licensing fees. The consumer may also recover incidental costs incurred due to the vehicle’s failure, such as towing, repairs, and alternative transportation expenses, and their legal fees.

How Many Times Do I Need to Get My Vehicle Repaired for It to Be a Lemon?

To have a valid Lemon Law claim, you must give the manufacturer a reasonable amount of opportunities to repair the vehicle. While taking your car to an independent mechanic can help document the issue, a number of attempts must be made by the manufacturer or their dealership.

What’s considered a reasonable number of repair attempts varies from case to case. If the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable. Manufacturers may be entitled to more than two repair attempts for less severe issues. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.

Other Requirements to Meet Before Considering a Car a Lemon

There are a few other requirements to consider a vehicle a lemon. You may have a valid Lemon Law claim if the problem:

• Significantly affects the vehicle’s safety, use, or value
• Is covered by the manufacturer’s original warranty
• Started while it was covered by the warranty
• Still exists after multiple repair attempts

How Can Taking My Car to the Manufacturer for Repairs Help My Case?

If you may have a lemon, taking your car to the manufacturer’s dealership for repairs is always a safer bet. You can move your case along quicker by showing the manufacturer has had several opportunities to fix the vehicle but the problem remains. They will also have a harder time arguing that the problem came from someone else’s bad repair work to invalidate your warranty.

Your repair attempts will create a detailed history of the issue and all of your attempts to fix it. It is always good to save vehicle service and repair records, particularly if a problem has not been resolved. You should also save records of oil changes, tire rotations, and inspections to prove that you maintained your vehicle properly.

When a Qualified California Lemon Law Attorney Can Help

After you have made several unsuccessful attempts to have your vehicle repaired, your best option is to speak to a Lemon Law attorney about filing a claim. The California Lemon Law lawyers at The Barry Law Firm can help you pursue legal action against your vehicle’s manufacturer.

You’ll need a qualified California Lemon Law attorney to properly draft and file your lawsuit and perform additional work to ensure you meet all requirements. For your lawsuit to succeed, you must document your multiple futile attempts to have your vehicle repaired, your reports to the dealership of continued problems, and the dealership’s responses. We can help you assemble this documentation and even enlist expert witnesses to examine your vehicle and testify about its unresolved problems if needed.

We’ll also document the full extent of your recoverable losses. In addition to a refund of what you have paid for the vehicle and the balance of a car loan, you also have a right to out-of-pocket costs incurred because of your defective vehicle. And, as California law allows, we’ll also demand that the court order your vehicle’s manufacturer to pay your legal fees as part of the court’s judgment for you. No matter the outcome, we won’t charge you anything for our services, ever.

Contact Us Today for a Free Consultation

If you have a vehicle with problems that have defied repair, take it to your local dealership if you haven’t already and contact The Barry Law Firm’s California Lemon Law experts. We’ll help you compile a solid case and demand the maximum compensation available to you if your vehicle’s manufacturer cannot repair problems covered by its warranty – and you’ll never see a bill from us.

Contact us today for a free consultation about how The Barry Law Firm can help you pursue a Lemon Law claim at no cost to you.