If your new vehicle spends more time at the repair shop than in your driveway, California’s lemon law presumptions can help you get relief faster.
The 18-month/18,000-mile rule creates legal presumptions that work in your favor—you just need to know how to use them.
Too many California consumers with valid lemon law claims never pursue them because they think the process is too complicated or don’t understand how these presumptions work.
California’s Song-Beverly Consumer Warranty Act includes specific guidelines that make it easier to prove your vehicle qualifies as a lemon.
Once you understand how these presumptions work, you can protect your rights and hold manufacturers accountable.
Understanding California’s Lemon Law Presumptions
California law creates a “rebuttable presumption” that a manufacturer had a reasonable opportunity to repair your vehicle if certain conditions are met.
This means the burden shifts to the manufacturer to prove they didn’t have enough time to fix the problem—rather than you having to prove they did.
This presumption protects you from manufacturers who might claim they needed more time or more repair attempts.
When you meet the presumption thresholds, courts assume the manufacturer had enough chances to repair the defect, and manufacturers must overcome this assumption with solid evidence.
Three separate presumption paths exist under California law. Meeting any one of them creates the legal presumption in your favor.
The Two-Attempt Presumption for Safety Defects
California law treats defects that create serious safety risks differently.
When a defect could cause death or serious bodily injury, the manufacturer gets only two repair attempts before the presumption applies.
This presumption activates when:
- The same substantial defect that is likely to cause death or serious bodily injury remains unfixed after two or more repair attempts
- These repair attempts occurred within 18 months of delivery or before the vehicle accumulated 18,000 miles, whichever occurs first
- You have directly notified the manufacturer at least once about the need for repair (if the manufacturer clearly disclosed this requirement in your warranty or owner’s manual)
Safety defects that qualify for this accelerated presumption typically include brake failures, steering malfunctions, sudden acceleration issues, airbag problems, and structural defects affecting crash protection. The determining factor is whether the defect poses an immediate, serious safety risk.
The two-attempt rule recognizes that you shouldn’t have to risk your life while manufacturers experiment with fixes.
If your brakes fail twice after repair attempts, you’ve given the manufacturer reasonable opportunity to resolve a critical safety issue.
The Four-Attempt Presumption for Non-Safety Defects
For substantial defects that don’t present immediate safety hazards, California law presumes reasonable repair opportunity after four unsuccessful attempts.
This applies to problems that significantly impair your vehicle’s use, value, or safety—but don’t pose immediate life-threatening risks.
This presumption applies when:
- The same substantial defect continues after four or more repair attempts
- These attempts occurred within 18 months of delivery or before accumulating 18,000 miles, whichever comes first
- You have directly notified the manufacturer at least once about the need for repair (if the manufacturer clearly disclosed this requirement in your warranty or owner’s manual)
Examples include transmission problems causing rough shifting, electrical system failures affecting multiple components, air conditioning that won’t work properly, or engine issues causing poor performance but not creating immediate danger.
Electric vehicle battery and charging issues can also fall under this category.
Four attempts gives manufacturers adequate opportunity to diagnose and repair complex problems.
If they can’t fix the issue after four tries during the warranty period, the law presumes they had reasonable opportunity and the vehicle qualifies as a lemon.
The 30-Day Out-of-Service Presumption
California recognizes that even if individual repair visits are short, cumulative time without your vehicle becomes unreasonable.
The third presumption pathway focuses on total days out of service rather than number of repair attempts.
This presumption applies when:
- The vehicle was out of service for more than 30 cumulative calendar days for repairs under warranty, and
- This occurred within 18 months of delivery or before reaching 18,000 miles, whichever occurs first
These days don’t need to be consecutive. If your vehicle was in the shop for three days in January, five days in March, seven days in May, and sixteen days in July, you’ve met the threshold with 31 total days even though no single visit lasted that long.
Every day the vehicle sits at the repair facility counts toward this total, including weekends if the shop held your vehicle over weekends.
However, the 30-day limit can be extended if repairs cannot be performed due to conditions beyond the manufacturer’s control, such as unavailability of parts.
Delays caused by your unavailability or failure to authorize repairs typically don’t count toward the 30 days.
This presumption particularly helps with intermittent problems that require extended diagnostic periods, or situations where parts must be ordered and take weeks to arrive.
The “Whichever Occurs First” Critical Timeframe
The 18-month/18,000-mile language means the presumption period ends when either milestone is reached—not both.
This distinction matters when determining whether your repair attempts fall within the protected window.
If you take delivery of your vehicle on January 1, 2025, your 18-month period ends on July 1, 2026. If your vehicle reaches 18,000 miles on June 1, 2026, your presumption period ends on June 1—not July 1—because the mileage milestone came first.
On the other hand, if you’re a low-mileage driver who accumulates only 12,000 miles in 18 months, your presumption period ends at 18 months even though you haven’t reached 18,000 miles.
Only repair attempts that occur within this window count toward the presumptions.
If your fourth repair attempt happens after you’ve exceeded both the time and mileage thresholds, you don’t meet the presumption—though you may still have a lemon law claim through other means.
What “Delivery” Actually Means
The 18-month clock starts ticking from the date you took delivery of the vehicle—not when you signed the purchase contract, not when the dealer ordered the vehicle, and not when it was manufactured.
Delivery typically means the date you drove the vehicle home from the dealership.
This is usually shown on your purchase documents as the delivery date or the date you took possession.
For leased vehicles, delivery occurs when you took possession of the leased vehicle, not when you signed the lease agreement if these dates differ.
If you purchased a dealer demonstrator or loaner vehicle, delivery means when you purchased it, not when the dealer first placed it in service.
However, the original warranty start date may affect your coverage period differently than with a brand-new vehicle.
When Repair Attempts “Count” Toward Presumptions
Not every service visit automatically counts toward the legal presumptions.
Understanding which attempts qualify helps you track your claims accurately.
Repair attempts must meet these criteria:
- The vehicle must be under manufacturer’s warranty at the time of repair
- The repair attempt must address a substantial defect that impairs use, value, or safety
- You must properly present the vehicle to an authorized repair facility
- The defect must be covered by warranty, not caused by abuse or unauthorized modifications
Multiple problems with the same root cause may count as a single defect for presumption purposes.
For example, if your transmission causes both rough shifting and hesitation during acceleration, these symptoms likely represent one defect, not two.
However, separate, unrelated defects are tracked independently.
If your vehicle has both a transmission problem and an electrical issue, repair attempts for each count separately toward their own presumption thresholds.
Diagnostic Visits and Loaner Vehicle Time
Whether diagnostic appointments count toward repair attempts or out-of-service time can be complicated.
Generally, if you leave your vehicle at the facility for diagnosis, those days count toward the 30-day presumption.
Some manufacturers provide loaner vehicles during extended repairs.
Having a loaner doesn’t prevent days from counting toward the 30-day threshold.
The law focuses on when your vehicle is out of service for repairs, not whether you have alternative transportation.
However, delays caused by your unavailability to pick up a completed vehicle don’t count.
If the dealer completes repairs on Monday but you can’t retrieve your vehicle until Friday due to your schedule, those extra days typically don’t add to your total.
The Presumption Is Rebuttable—What That Means
Meeting a presumption threshold doesn’t automatically guarantee you’ll prevail in a lemon law claim.
The presumption is “rebuttable,” meaning manufacturers can present evidence attempting to prove they should have had more opportunity to repair.
Manufacturers might argue:
- The repair attempts didn’t address the same defect each time
- The defect wasn’t substantial enough to qualify
- You caused the problem through misuse or lack of maintenance
- They didn’t receive adequate opportunity to properly diagnose the issue
- The defect was intermittent and couldn’t be replicated during service visits
However, once you establish the presumption, the burden shifts to the manufacturer to prove these defenses.
Without the presumption, you would bear the burden of proving the manufacturer had reasonable opportunity.
The presumption reverses this burden, significantly strengthening your position.
Beyond the Presumptions: Other Paths to Lemon Law Relief
Failing to meet a presumption doesn’t mean you lack a valid lemon law claim.
The presumptions create legal shortcuts, but you can still prove your vehicle is a lemon through other evidence.
You might prevail by showing the manufacturer acknowledged they cannot repair the defect, even if you haven’t reached the presumption thresholds.
If the dealer’s service manager tells you in writing that the problem is unfixable or requires replacing the entire vehicle, this admission may support your claim regardless of repair attempt numbers.
For problems that emerge after the 18-month/18,000-mile window but remain covered by warranty, you can still pursue claims.
The process becomes slightly more complex without presumption protection, but valid defects occurring later in the warranty period still qualify if they’re substantial and cannot be repaired.
Documentation: Your Essential Evidence
Whether you meet presumption thresholds or pursue claims outside the presumptions, thorough documentation determines your success.
Keep comprehensive records of every interaction with the dealer and manufacturer.
Essential documentation includes:
- Every repair order from all service visits
- Detailed descriptions of problems you reported to service advisors
- Photographs or videos of warning lights, malfunctions, or defect symptoms
- Correspondence including emails, text messages, and written communications
- Records of telephone calls including dates, times, and who you spoke with
- Loaner vehicle agreements showing out-of-service periods
- Mileage readings at each service visit
Note the specific complaints you report at each visit.
Service advisors sometimes paraphrase problems in ways that minimize their severity or change technical details.
Review repair orders before signing and request corrections if descriptions don’t accurately reflect your concerns.
Common Mistakes That Jeopardize Claims
Many valid lemon law claims are weakened or lost due to avoidable mistakes during the repair process.
Understanding these pitfalls helps you protect your rights from the start.
Avoid these critical errors:
- Not reporting problems promptly when they first appear
- Taking the vehicle to independent mechanics instead of authorized dealers
- Accepting “it’s normal” explanations without documented testing
- Failing to pick up vehicles promptly when repairs are complete
- Agreeing to repairs outside warranty coverage for what should be warranty issues
- Not obtaining copies of all repair documentation
- Delaying repairs beyond the 18-month/18,000-mile window
Always take your vehicle to authorized factory dealerships for warranty repairs.
Independent mechanic visits don’t count toward presumptions and may give manufacturers grounds to claim you didn’t properly pursue warranty repairs.
Important Recent Changes to California Lemon Law
California’s lemon law has undergone significant changes in 2024 and 2025 that affect consumer rights.
Understanding these changes is important when evaluating your claim.
Used Vehicle Coverage Limited
In November 2024, the California Supreme Court ruled in Rodriguez v. FCA US LLC that most used vehicles are no longer covered under the lemon law’s refund-or-replace remedy, even if they still have an unexpired manufacturer’s warranty.
Exception: Certified Pre-Owned vehicles sold by authorized dealers with a manufacturer-issued warranty at the time of sale may still qualify for lemon law protection.
The warranty must be issued with the sale, not just transferred from a previous owner.
New Procedural Requirements (AB 1755 and SB 26)
Recent legislation has changed how lemon law claims must be filed:
- Shorter statute of limitations: You must file within one year after your warranty expires OR within six years of the vehicle’s original delivery date, whichever comes first
- Pre-suit notice requirement: Starting July 1, 2025, you must provide written notice to the manufacturer at least 30 days before filing a lawsuit if you want to pursue civil penalties
- Mandatory mediation: Most cases now require mediation before full discovery can proceed
- Manufacturer opt-in system: Some manufacturers have opted into these new procedures while others follow the previous rules, creating different requirements depending on your vehicle’s manufacturer
These changes make it more important than ever to act quickly and consult with an experienced lemon law attorney who understands the current requirements.
The Manufacturer Buyback or Replacement Remedy
When your vehicle qualifies as a lemon—whether through presumptions or other proof—California law entitles you to choose between a replacement vehicle or a buyback.
A replacement vehicle must be substantially similar to your original vehicle.
The manufacturer provides a new vehicle of the same year, make, and model, or the current year’s equivalent model if yours is no longer produced.
A buyback refunds your purchase price minus a mileage offset for use you received before problems began.
The manufacturer must also reimburse your incidental expenses like registration fees, finance charges for the defective vehicle, rental car costs, and towing expenses.
You choose which remedy you prefer. The manufacturer cannot force you to accept a replacement if you want a refund, or vice versa.
Why Legal Representation Matters
California’s lemon law requires manufacturers to pay your attorney fees and costs when you prevail in a claim.
This provision enables consumers to obtain experienced legal representation without upfront costs.
Experienced lemon law attorneys understand exactly how to leverage presumptions, document claims properly, navigate the new procedural requirements, and negotiate effectively with manufacturers.
They know the common manufacturer defenses and how to counter them.
Manufacturers have entire legal departments dedicated to minimizing payouts.
Facing them alone puts you at a significant disadvantage, especially when interpreting complex presumption rules, meeting new filing deadlines, and calculating proper compensation.
Get Help with Your Lemon Law Claim
If your vehicle has been in the shop repeatedly for the same problem, has spent weeks out of service for repairs, or suffers from safety defects that remain unfixed, don’t wait to explore your options.
With recent changes to California lemon law creating shorter deadlines and more complex procedures, time is of the essence.
Consumer Action Law Group offers free consultations to evaluate your lemon law claim.
Call us at (818) 254-8413 to discuss your situation with an experienced attorney.
Don’t let the 18-month/18,000-mile window close without understanding your rights.
