Does Your Car Qualify?
Most lemon claims turn on five questions: is the vehicle covered, is the problem serious, is the warranty still in effect, has the manufacturer had enough chances to fix it, and have you told the manufacturer in writing. Answer them in order.
The short versionYou usually qualify when a covered vehicle has a serious defect, under warranty, that the manufacturer has failed to fix after your state's number of repair visits or days in the shop, inside your state's time window. Your state sets the exact numbers.
Five questions, in order
If you can answer yes to all five, your car is worth a closer look. If one is a no or a maybe, the notes under it say what to check.
Most laws cover new vehicles bought or leased for personal use. Some also cover used vehicles, leases, RVs, motorcycles, or business use. Check your state.
It should substantially affect how the vehicle works, what it is worth, or whether it is safe. Brakes, steering, engine, transmission and electrical faults usually count. Small annoyances usually do not.
The defect must be one the manufacturer's warranty covers, and it must appear within your state's time window, which is counted from delivery, in months, miles, or whichever comes first.
Your state counts a set number of repair visits for the same problem, or a set number of days the vehicle was in the shop. Many states use a shorter test for serious safety defects.
In 19 states the law requires written notice, and a last chance to repair, before you can go further. Even where it is not required, a written notice protects you.
What counts, and what usually does not
States differ, so treat this as a guide and check your state's page.
| What to compare | Usually counts | Usually does not count |
|---|---|---|
| A repair attempt | A visit to an authorized dealer or repair facility for the same problem, even if the shop could not find it. Keep the repair order that shows you reported it. | A visit for a different problem, or a repair done at an independent shop. |
| Days out of service | Days the vehicle is at the shop for warranty repairs of the defect, added together. | Days for routine maintenance, or for damage the defect did not cause. Whether weekends count varies by state. |
| The problem | A defect in how the vehicle was built or designed that affects use, value or safety. | Normal wear (tires, brake pads), accident damage, misuse, or changes you or someone else made. |
| The warranty | The problem is one the manufacturer's warranty covers, and it appeared while the warranty was in effect. | A problem that first appeared after the warranty or your state's window ended. |
How six states count it
The same numbers as on each state's page. Open yours for the full rules, including special cases.
| State | Repair attempts | Days out of service | Window to report (from delivery) |
|---|---|---|---|
| New Jersey | 3 | 20 | 18 months |
| New York | 4 | 30 | 24 months |
| California | 2 | 30 | 18 months |
| Texas | 4 | 30 | 24 months |
| Florida | 3 | 15 | 24 months |
| Ohio | 3 | 30 | 12 months |
All 51 are in the State Law Library.
What to have ready
- Every repair order, with dates and the mileage in and out
- Your purchase or lease contract and the date you took delivery
- The warranty booklet or terms
- A list of the days the vehicle was at the shop
- Emails, texts and letters between you, the dealer and the manufacturer
- Photos or video of the problem, if you have them
If you do not meet your state's test
Missing the state numbers does not always end the matter. The federal Magnuson-Moss Warranty Act is a separate route that looks at whether a written warranty was broken after a reasonable number of repair attempts. See the chart in Lemon Law, Explained. A free case check shows where you stand.
Common mistakes
- Throwing away repair orders, or accepting a repair order that does not list your complaint
- Having repairs done at an independent shop while the defect is still being fixed under warranty
- Waiting until the time window has passed
- Making changes to the vehicle that the manufacturer could blame for the problem
Check My Car Free
Sources. State lemon law statutes (cited on each state page); the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312; the Center for Auto Safety, autosafety.org. Lemon Learn is general information, not legal advice.