Lemon Law

Your Car Has Been in the Shop 3 Times for the Same Problem: What Now?”

Young woman experiencing car trouble

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.

Young woman experiencing car trouble

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.

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