A new (or newer) car is supposed to reduce stress—not create it. But if you’re stuck in the loop of:
- same warning light,
- same “could not duplicate,”
- same repair attempt,
- same problem coming back…
…you may be wondering if you have a lemon law or warranty claim.

Here’s a plain-English guide to what matters, what to document, and what to do next.
Step 1: Identify the pattern that triggers legal options
Many strong cases have a few things in common:
- The vehicle is new or still under warranty (sometimes used vehicles qualify too)
- There are multiple repair attempts for the same issue
- The issue affects use, value, or safety
- The problem persists despite repairs, or the car has been out of service for a meaningful number of days
A common rule of thumb people hear is “3 repair attempts.” That’s not a universal rule everywhere, but it’s a helpful signal that it’s time to take the situation seriously and start building a clean paper trail.
Step 2: Your paperwork is your power
Your best evidence is usually:
- Repair orders (every visit)
- Invoices showing what was complained of and what was done
- Dates the car was dropped off and picked up
- Notes about symptoms (photos/videos help)
- Warranty booklet / purchase or lease documents
One critical detail: what you said on the repair order matters.
If the repair order says “customer states: noise,” it’s weaker than “customer states: grinding noise when braking at low speed; occurs daily; safety concern.”
Be specific. Be consistent. Don’t downplay it.
Step 3: Don’t let “could not duplicate” kill your claim
Dealers often write “could not duplicate” when the problem is intermittent. That doesn’t automatically mean you’re out of options.
What helps:
- Video of the issue happening
- Photos of warning lights
- A written log: date/time, weather, speed, conditions, what happened
- Bringing the car in while the problem is active (if safe)
Intermittent issues are real. The goal is to make them provable.
Step 4: Understand the two common paths: repurchase vs. cash settlement
Depending on facts, state law, and manufacturer behavior, outcomes can vary. Two common resolution types are:
- Repurchase / buyback: Manufacturer takes the vehicle back and pays certain amounts (rules vary)
- Cash settlement: You keep the vehicle and receive compensation (amounts vary)
Which path makes sense depends on:
- how dangerous the issue is,
- whether you trust the vehicle,
- how long you’ve been dealing with it,
- whether you have negative equity,
- and your practical needs (work, kids, commuting).
Step 5: Watch for these “case killers” (and how to avoid them)
Some things can complicate claims:
- Missing repair orders (always request a printed copy)
- Waiting too long to report the issue
- Modifying the vehicle in ways the manufacturer can blame
- Not giving the dealer a fair chance to repair (varies by state)
- Trading the vehicle in before documenting the pattern
If you’re thinking about trading it in just to escape the headache, talk to a lawyer first—sometimes you can preserve your rights, but timing matters.
Step 6: What to do if the manufacturer offers “goodwill”
Manufacturers sometimes offer:
- a small cash offer,
- extended warranty,
- a few months of payments,
- or “we’ll fix it again.”
Sometimes that’s fine. Sometimes it’s a lowball attempt to close the file.
Before you sign anything, check whether the paperwork includes:
- a release of claims,
- confidentiality,
- or language that limits future rights.
Quick checklist: What to gather before you call a lawyer
- Purchase/lease agreement
- Current mileage
- Warranty status
- All repair orders (in order)
- Timeline of the issue
- Photos/videos of symptoms
- Any communications with the manufacturer
Want a quick case review?
If your car has been in the shop multiple times for the same issue—or it’s been out of service and you’re losing patience—call 855-978-6564 or email info@ginsburglawgroup.com. We’ll tell you what documentation matters and what the next step typically looks like.
This article is general information and not legal advice. Outcomes depend on facts, evidence, and jurisdiction.


