Is your car in the shop too long? At first, it sounds normal: “We just need a couple days.”
Then a couple of days turns into a week. Then two. And every time you call, you hear a new version of the same excuse: “waiting on a part”, “still diagnosing it”, “waiting for approval”, “should be ready soon”.
Meanwhile, your car is sitting behind the service bay doors, and your life is the one taking the hit. You’re paying for a vehicle you can’t drive, juggling rides, missing work, rescheduling plans, and burning time just trying to get a straight answer.
And after a while, the real question kicks in: How long is too long?
Most people assume there’s nothing they can do except keep waiting. But California law doesn’t work that way. If your vehicle spends an excessive amount of time in the shop for warranty repairs, you may have legal options, even if the dealership keeps saying they’re “working on it.”
In this article, we’ll break down what counts as “too long” under California Lemon Law, how the 30-day rule works, and what steps you can take if your car has been out of service long enough to qualify for a refund or replacement.
When Is a Car in the Shop Too Long Under Lemon Law in California?
California’s Lemon Law is designed to protect consumers from being stuck with defective vehicles. One of the most powerful parts of this law is the “Lemon Law Presumption,” which includes a specific rule for time out of service.
The 30-Day Lemon Law Presumption Explained
According to the California Department of Consumer Affairs, if your vehicle has been in the repair shop for a cumulative total of more than 30 days for warranty-covered repairs, it is presumed to be a lemon. This is a critical protection for consumers.
This rule acknowledges that being without your vehicle for an extended period is a substantial impairment, regardless of the number of repair attempts. It provides a clear, objective standard for when “too long” becomes legally unreasonable.
How the 30 Days are Counted
The 30 days do not have to be consecutive. They are cumulative. This means you add up all the days your car was in the shop for repairs during the lemon law presumption period, typically the first 18 months or 18,000 miles.
For example, if your car was in the shop for 10 days in January, 15 days in April, and 6 days in July, you have a total of 31 days out of service. This would meet the 30-day requirement, even though the visits were separate.
This cumulative counting is important because it prevents manufacturers from getting around the law by fixing a problem temporarily, only to have it reappear a few months later.
What Repairs Qualify?
The repairs must be for issues covered under the manufacturer’s warranty. This can be for one single, persistent problem or for a combination of different problems. The law is concerned with the total time you were deprived of your vehicle.
If the dealer provides you with a loaner car, the days your vehicle is in the shop still count toward the 30-day total. The law is about your vehicle being out of service, not about whether you had a temporary replacement.
Beyond the 30-Day Presumption
Just like with the repair attempt rules, meeting the 30-day presumption is not the only way to have a valid lemon law claim. The fundamental standard is whether the manufacturer has taken an unreasonable amount of time to complete repairs.
Even if your car has been in the shop for slightly less than 30 days, you may still have a strong case. A judge could determine that 25 days, or even 20 days, was unreasonable depending on the nature of the defect and the impact on the vehicle’s use and safety.
The “Reasonable Time” Standard
The law requires manufacturers to complete warranty repairs within a reasonable time. The 30-day rule is simply a guideline for what is presumed to be unreasonable. The ultimate question is always what is reasonable under the circumstances.
An experienced lemon law attorney can argue that a shorter period was unreasonable, especially if the dealer was disorganized, failed to order parts in a timely manner, or could not diagnose a serious safety issue. Do not assume you have no case just because you are a few days short of the 30-day mark.
The Importance of Repair Records
Your case hinges on proving how long your car was in the shop. This is why obtaining and keeping detailed repair orders is absolutely essential. Each repair order noted should clearly state the date the vehicle was brought in and the date it was picked up.
These dates are your proof. Without them, it is your word against the dealer’s. Always get a copy of the repair order when you drop off your car and a copy of the final invoice showing the pick-up date when you retrieve it.
What to Do When Your Car Is in the Shop Too Long
Document Everything
Keep a log of every conversation you have with the dealership. Note the date, time, and the name of the person you spoke with. Summarize what was discussed. This log, combined with your repair orders, creates a powerful timeline of events.
Do Not Settle for Excuses
While parts delays can be legitimate, they are not a blank check for the manufacturer to keep your car indefinitely. The manufacturer has a legal obligation to maintain a sufficient supply of service parts. Persistent delays can be evidence of their failure to meet this obligation.
Contact a Lemon Law Attorney
If your car is approaching the 30-day mark, or if you simply feel the repair time is excessive, it is time to seek legal advice. A qualified lemon law attorney can assess your situation, explain your options, and take action on your behalf.
Manufacturers often ignore individual consumers, but they pay attention when a letter arrives from a lemon law firm. An attorney can put pressure on the manufacturer to either complete the repairs immediately or begin the lemon law buyback process.
Your Rights Under California Lemon Law
Repurchase or Replacement
The manufacturer must either replace your vehicle with a new, substantially similar one or repurchase it from you. The choice is yours.
A repurchase, or lemon law buyback, means the manufacturer refunds your down payment, all of your monthly payments, and pays off any outstanding loan balance. Essentially, they are buying the car back from you.
Attorney’s Fees and Costs
California’s Lemon Law includes a fee-shifting provision. This means that if you win your case, the manufacturer is required to pay your attorney’s fees and legal costs, too. This allows consumers to hire highly qualified attorneys with no out-of-pocket expense.
Do Not Wait Forever
You bought a vehicle to drive it, not to have it sit in a repair bay for weeks on end. When your car is in the shop too long, the lemon law in California provides a powerful remedy. You do not have to accept endless delays and excuses.
Understanding the 30-day rule is the first step toward holding the manufacturer accountable and getting the compensation you deserve. The law is on your side, but you have to take action to enforce your rights.
If you are tired of waiting for your car, it’s time to stop waiting and start acting. Contact an experienced Orange County lemon law attorney today for a free consultation to discuss your case.
Schedule a free case evaluation with our team now
Frequently Asked Questions
Do the 30 days have to be for the same repair issue?
No. The 30 days are cumulative and can be for any combination of warranty-covered defects. The law is concerned with the total time you were without your vehicle, regardless of the specific problems being addressed.
What if the dealer gives me a loaner car?
The days your car is in the shop still count toward the 30-day total, even if you have a loaner. The legal issue is that your vehicle, the one you purchased or leased, is out of service. A temporary replacement does not change that fact.
Does the 30-day rule apply to used cars?
Yes, if the repairs are performed under a manufacturer’s warranty. This can include the original new car warranty that is still in effect or a certified pre-owned warranty.
How do I prove my car was in the shop for 30 days?
Proof comes from your repair orders. Each document should have an in date and an out date. These documents are used to calculate the total number of days the vehicle was out of service.
Do weekends count toward lemon law days out of service in CA?
In most cases, yes. If your car is physically at the dealership and unavailable to you, those days can count toward your lemon law days out of service, even if the service department isn’t actively working on it.
Is there a difference between a car repair delay lemon law claim and a repair-attempt claim?
Yes. A repair-attempt claim is based on the dealer failing to fix the same defect after a reasonable number of tries. A repair delay claim focuses on how long the vehicle has been out of service.
What should I track to protect my case under California’s lemon law timeline?
Keep detailed records including every repair order and invoice, drop-off and pick-up dates, notes of who you spoke to, any texts or emails from the dealership, and loaner car paperwork if provided.