Lemon Law protects car owners from defective vehicles that can’t be properly repaired under the manufacturer’s warranty. If your car has persistent issues that impact safety, use, or value, and the dealership fails to fix them after multiple attempts, you may be eligible for a refund or replacement. So, understanding how recalls relate to Lemon law claims is important. A recall means the vehicle manufacturer acknowledges a defect and offers a fix.
Now, you may be wondering, how many recalls does it take before your car qualifies as a lemon? There is no set number of recalls that automatically make a car a lemon. Instead, Lemon Law focuses on whether the problem is getting fixed, how serious the defect is, and how long your car has been out of service. If your car has a substantial defect or keeps breaking down despite multiple repairs, you might have a strong Lemon law case. However, it can happen that your car has been recalled once, but the fix doesn’t work, or new problems arise. In such a situation, you may have a valid Lemon law claim.
At Easy Lemon, we’ve helped countless drivers get the compensation they deserve when manufacturers fail to fix their cars. Our team specializes in Lemon law cases, helping you get the best possible outcome. With years of experience in Lemon law Attorney Services, a proven track record, and a commitment to fighting for consumer rights, we make the legal process simple and stress-free. Contact us today for a free case evaluation.
In this article, we’ll cover what car recall is, the relationship between Lemon law and car recall, and how many car recalls you need to get before your car will be eligible for a Lemon law claim. We’ll also cover the key eligibility criteria for a Lemon law claim.
What is a Car Recall?
A recall is an official notice issued when a car has a defect that could affect its safety, performance, or compliance with regulations. The purpose of a recall is simple: to fix the issue before it becomes a serious problem. Recalls protect drivers, passengers, and others on the road by ensuring faulty parts or systems are repaired at no cost to the owner.
Some recalls are issued because of serious safety issues. If an issue could cause an accident, a recall is the manufacturer’s way of fixing the problem before it leads to injuries or damage. Other recalls are less urgent, like fixing a glitchy infotainment system or a defective emblem. Regardless of severity, recalls are meant to correct manufacturing defects.
Most recalls are issued by the car’s manufacturer. If they discover a defect, they can voluntarily recall the car and offer a fix. However, in some cases, the National Highway Traffic Safety Administration (NHTSA) steps in and demands a safety recall if a defect poses a significant safety risk. NHTSA can investigate complaints, order recalls, and force manufacturers to fix safety defects.
Once a recall is issued, manufacturers must offer a free fix, whether that’s a repair, a replacement part, or, in extreme cases, a full refund. But here’s the problem: sometimes the fix doesn’t work or takes too long, leaving you stuck with an unreliable car. That’s where Lemon law comes in.
There have been massive historical recalls, especially the Takata Recall of 2013. Over 10 million affected vehicles were recalled due to defective airbags. Also, in 2009, one of the greatest product recalls ever recorded occurred during the Toyota Recall Crisis. It involved Toyota’s faulty gas pedals, which caused them to stick in some models, leaving drivers unable to stop, and faulty brakes, which caused drivers to accelerate out of control. You can imagine what happened next; a lot of wreckages and fatalities were recorded.
Lemon Law vs. Car Recall: What’s the Difference?
A recall is the manufacturer’s attempt to correct a known defect. When a car is recalled, the vehicle owner is expected to bring it in for a free repair, and ideally, that’s the end of the problem. A recall does not automatically mean a car is a lemon, it’s simply a corrective action. Whereas, Lemon law applies when repairs don’t work. If your car has a serious defect and the manufacturer or dealership fails to fix it after multiple attempts, you may be entitled to a buyback or replacement.
The key difference is that a recall is a repair offer, while Lemon law is consumer protection when repairs don’t solve the problem.
Let’s say you own two different cars. One has had three minor recalls for things like a software glitch and a faulty radio, but everything else works fine. The other has had two recalls for brake failure, and despite multiple repair attempts, the brakes still malfunction. The first car likely wouldn’t qualify for Lemon law because the defects don’t impact safety or performance. The second car, however, could qualify because it has a serious issue that remains unresolved despite a reasonable number of repair attempts.
So, a recall by itself does not mean your car is a lemon. A car only qualifies under Lemon law if the defect is serious, covered under warranty, and remains unresolved after multiple repair attempts.
How Recalls Can Impact a Lemon Law Case
A car recall can play a significant role in a Lemon law case, but it doesn’t automatically mean your car qualifies. What really matters is how the recall affects your car’s reliability and safety and whether the manufacturer is able to fix the issue.
If your car has been recalled multiple times for the same issue, that can strengthen your Lemon law case. Repeated recalls suggest that the defect is serious and difficult to fix. If you’ve taken your car in for recall-related repairs several times and the problem still isn’t resolved, that could be strong evidence that your car is a lemon.
Even if your car only has one recall, it could still help your case, especially if it involves a major safety issue like brake failure or steering problems. A recall shows that the manufacturer is aware of the defect, which can make it harder for them to argue against your claim.
How Many Recalls Before Lemon Law Applies?
Many people assume that a certain number of recalls will automatically qualify a car under Lemon law. However, that’s not how it works. There is no set number of recalls that lead to Lemon law protection. Instead, eligibility depends on key factors like repair attempts, time out of service, the severity of the issue, and warranty coverage.
Also, note that different states have their own Lemon laws, and your car needs to meet state-specific criteria before it is considered a lemon and eligible for a Lemon law claim. For example, nationwide Lemon Law states that your car must have spent more than 30 cumulative days in the repair shop. Also, it should have had four or more reasonable repair attempts within 18 months or an 18000 mileage limit, whichever comes out as a first repair attempt. If your vehicle qualifies as a lemon, then you are entitled to a remedy under Lemon Law. Here are more details on the eligibility criteria under Lemon law:
Number of Repair Attempts
Lemon law typically requires the manufacturer to try to fix the same issue multiple times before the car qualifies. For example, if a defect poses a safety risk, the manufacturer gets two repair attempts before Lemon Law protection may apply. For less serious issues, they usually get four attempts before you can claim a buyback or replacement.
Time Spent in the Repair Shop
If your car has been stuck at the dealership for an extended period, often 30 days or more, that can also make it eligible under Lemon law. Long repair times indicate that the car is unreliable and not being properly fixed, which can strengthen your case.
The Severity of the Issue
Not all recalls impact Lemon law claims equally. A minor recall for a cosmetic issue (like peeling paint) won’t make your car a lemon. But if a recall involves serious safety defects, like faulty brakes or a failing engine, it increases the chances of Lemon law applying, especially if those defects keep returning.
Warranty Coverage
Lemon law usually only applies to cars covered under the original manufacturer’s warranty. If your car is recalled but is out of implied warranty, the recall itself won’t trigger Lemon law, but you may still have other legal options.
What to Do if Your Vehicle Has Multiple Recalls
Dealing with multiple recalls on your car can be frustrating, especially if the problems keep coming back. Even as some recalls are minor, others can seriously impact your safety and ability to drive with confidence. If your car has been recalled more than once, it’s important to stay informed, keep records, and know your rights under Lemon law. Here’s what you should do next.
Check Recall Notices
The first step is to stay on top of recall notifications. Manufacturers must notify owners of recalls, but you don’t have to wait for a letter in the mail. You can check for recall notices anytime by visiting the National Highway Traffic Safety Administration (NHTSA) website or your car manufacturer’s website. You just need to enter your VIN (Vehicle Identification Number) to see if your car has any active recalls.
It’s also good to check with your dealership, as they often receive recall alerts before the public does. Since new recalls can be issued at any time, make a habit of checking periodically. Some recalls, like software updates, are minor, while others, such as brake failure or engine defects, can be life-threatening. So, you need to stay on top of this.
Document Repair Attempts
If your car has multiple recalls due to significant defects, keeping detailed records of all repairs is important. Your claim may be insufficient without proper documentation. Each time your car goes in for a recall fix, make sure to get a written repair order from the dealership. This should include the date of service, a description of the issue, what repairs were performed, and whether the issue was resolved or if further repairs were needed.
If you notice the same issue coming back, even after a recall repair, this documentation becomes powerful evidence for a Lemon law claim. Without it, manufacturers may argue that they fixed the problem, even if your car still has issues. Also, keep track of how long your car is in the shop. Spending weeks or even months at the local dealership may help prove that your car is unreliable and qualifies for Lemon law protection.
Consider a Buyback or Replacement
If your car has had multiple recall repairs and still isn’t fixed, you may be eligible for a buyback, replacement vehicle, or cash settlement under Lemon Law.
A buyback means the manufacturer refunds what you paid for the car (purchase price), minus a small amount for mileage. While a replacement means they give you a comparable vehicle in exchange for your faulty one. Additionally, a cash settlement is often a negotiated payout that allows you to keep the car while receiving compensation for your trouble.
Consult a Lemon Law Attorney
A Lemon law attorney can evaluate your case, determine if your car qualifies, and handle negotiations with the manufacturer. Many people hesitate to get legal help because they worry about the cost. However, most Lemon law attorneys work on a contingency basis, meaning you pay nothing upfront, and the manufacturer covers legal fees if you win.
Whether you’re dealing with repeated recalls or a defect that won’t stay fixed, you don’t have to guess whether your car qualifies. Easy Lemon offers a free consultation to help determine if you’re eligible for a buyback or replacement. So, call us today, and let’s get your car issue sorted.
Start a Lemon Law Claim
After your lawyer evaluates your case and concludes you have a strong Lemon law case under your state’s Lemon law, then you can file a Lemon law claim. However, before filing a claim, many states require you to formally notify the manufacturer about the defect and give them one final opportunity to fix it. This is usually done through a certified letter outlining the issue with the car, the repair history, and a request for final repair and compensation.
This step is important because it shows you gave the manufacturer a fair chance to fix the defect. If they fail to resolve the issue, you can move forward with a legal claim. An experienced attorney can help you gather and submit the necessary documents and evidence. They will also handle communication with the manufacturer, so you don’t have to.
Finally, once your claim is filed, the manufacturer will review your case and may offer a buyback, replacement, or settlement. However, not all cases settle easily. Some manufacturers will try to delay, deny, or lowball your claim. If this happens, your case may either go to arbitration or court. You need to be prepared for whatever outcome. Good thing that you don’t have to do it on your own. Your attorney can help you make informed decisions.
Need Help with a Vehicle Recall?
A recall alone doesn’t automatically qualify your car as a lemon. However, repeated repair failures, safety risks, and excessive time in the shop can strengthen your case. If your car has been recalled multiple times and the fixes aren’t working, you may be eligible for a buyback, replacement, or cash settlement under Lemon law. So, staying informed, keeping repair records, and seeking legal help can make all the difference.
At Easy Lemon, we have a team of dedicated and experienced Lemon Law Attorneys who can help you understand your rights under Lemon Law. If you have had multiple recalls, we’ll review your situation and let you know your options at no cost to you. Contact us today for a free consultation.
FAQ
Does a Recall Automatically Make My Car a Lemon?
No, a recall does not automatically qualify your car as a lemon. A recall is a manufacturer’s way of correcting a defect, usually at no cost to the owner.
Are Vehicle Recalls Free of Charge?
Yes, vehicle recall repairs are completely free of charge to the owner.
How Can I Find Out if My Vehicle Has a Safety-Related Recall?
You can check for recalls by visiting the National Highway Traffic Safety Administration (NHTSA) website at nhtsa.gov/recalls.
What if My Car Is Recalled but Not Fixed in Time?
If a manufacturer or dealership delays fixing your recalled car, you have options. First, check with another authorized dealership to see if they can complete the repair. If parts are unavailable, the issue isn’t fixed within a reasonable time, and the defect affects safety or driving ability, you may have a Lemon law case.
Can I File a Claim if My Warranty Expires?
It depends on the situation. Lemon law protection typically applies to defects that occur while the car is still under the original manufacturer’s warranty.
