The Dealer Has Had My Car for Weeks and Won't Give Me a Loaner. What Can I Do?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

Signs the Wait May Help a Lemon Law Claim

• The car is at an authorized dealer for a problem covered by the warranty
• The visit has lasted weeks with no firm completion date
• You have not signed anything agreeing to a longer repair time
• This visit plus earlier warranty visits add up to more than 30 days
• You are paying for rentals, rideshares or extra commuting costs
• The problem affects safety, drivability or what the car is worth

Why a Long Repair Without a Loaner Matters Legally

Being stuck without a car is more than an inconvenience. Each day your car sits at the dealer for a warranty repair is a day the manufacturer is not living up to its warranty. California law treats that time as evidence, and in some cases it is enough on its own to support a lemon law claim.

Under Civil Code 1793.2(b), warranty repairs must be completed within 30 days unless the buyer agrees in writing to a longer time. The statute allows delay caused by conditions truly beyond the manufacturer's control to extend that period, so an attorney will look at the reason for your delay. Either way, the clock is running, and long waits are taken seriously.

Separately, Civil Code 1793.22(b) creates a presumption that the manufacturer had a reasonable number of repair attempts if, within 18 months or 18,000 miles, the car was out of service for repairs more than 30 days in total. Those days can come from one long visit or several shorter ones, and they do not all have to be for the same defect.

The loaner question and the lemon law question are related but different. A loaner makes the wait easier. Your lemon law rights depend on the defect, the repair history and the time out of service, whether or not you were given a car to drive.

Is the Dealer Required to Give You a Loaner?

Whether you get a loaner usually depends on your manufacturer's warranty terms, any roadside or transportation program it offers, and the dealer's own policy. Some brands provide loaners for certain warranty repairs. Others offer rental reimbursement up to a daily limit. Some offer nothing unless you ask the manufacturer directly.

Read your warranty booklet and owner's manual for a section on transportation, rental or trip interruption. If you find one, quote it in a short email to the service advisor and ask how to use it. Service advisors handle many cars at once, and a specific request tied to the warranty booklet tends to get a clearer answer than a general complaint.

If the dealer still says no, call the manufacturer's customer care line. Ask whether it will approve a rental for a car down for a warranty repair. Write down the date, the name of the person you spoke with, and the case number. A denial is useful information too, because it shows the manufacturer knew the car was out of service.

If your car came with roadside assistance from the manufacturer, check whether it includes trip interruption or alternate transportation when the car is towed in for a covered failure. Some programs apply only when the breakdown happens far from home, and some require you to call the roadside number before arranging your own ride. Read those terms now so you know what to do if the problem happens again.

• Ask the advisor: does my warranty include a loaner or rental for this repair?
• Ask customer care: can you approve a rental while my car waits?
• Ask both: what is the expected completion date, and what is causing the delay?
• Ask for any approval or denial in writing, by email or text

Getting Back What You Spend on Transportation

If the car qualifies under the lemon law, restitution can include incidental damages along with what you paid for the car (Civil Code 1793.2(d)(2)(B)). Incidental damages can include reasonable rental car, towing and repair costs connected to the defect. That is why receipts matter even if the amounts seem small.

Keep a simple log while you wait. List each day you paid for a rideshare, a rental, a bus pass or a ride from a coworker you reimbursed. Note the purpose, such as getting to work or a medical appointment. Save digital receipts in one folder or one email label so they are easy to send later.

Be reasonable. A rental in a similar class to your car is easier to justify than a luxury upgrade. If you are unsure whether a cost will be recoverable, keep the receipt anyway and let an attorney sort it out. Every case is different, and no one can promise which costs a manufacturer will agree to pay.

Missed work and lost income are a different type of loss and are handled differently from transportation costs. Write them down, but ask an attorney before assuming they are part of the claim.

Example: Three Weeks Without a Car

This is a made-up example to show the process. Marcus leased a new crossover in California. At 9,000 miles, the car began losing power on the freeway and showing a reduced power warning. He had it towed to the dealer. The dealer kept the car, said it was waiting on a technical answer from the manufacturer, and told him no loaners were available.

Marcus paid for rideshares to work for the first week, then rented a compact car. He emailed the service advisor every Monday asking for a status update and a completion date. He also called customer care, which opened a case but said rentals were up to the dealer. He wrote all of this down.

By day 24, the car was still not fixed. Marcus called a lemon law firm and sent his lease contract, the open repair order, his emails and his receipts. The attorney noted that the car had a loss of power defect that could affect safety, that the days were adding up quickly, and that the rental receipts could be part of a claim. The firm sent the manufacturer a written demand. This example describes steps only, not a result.

Should You Pick the Car Up Before It Is Fixed?

When the wait drags on, some owners think about taking the car back unrepaired just to have something to drive. Sometimes that is a reasonable choice. Often it is not, and the answer depends on the defect.

If the problem could affect safety, such as stalling, loss of power, brake warnings, steering problems or airbag lights, do not drive the car until a technician says it is safe. A defect likely to cause death or serious injury only needs two repair attempts for the presumption in Civil Code 1793.22(b), so a safety defect may already put you in a strong position without the extra risk of driving it.

If you do pick the car up, ask the advisor to write on the repair order that the car is being returned unrepaired, why, and that you were told to bring it back when parts or instructions arrive. Without that note, the paperwork may suggest the problem was solved. Never take the car to an independent shop to speed things up, because those repairs do not count as repair attempts under the lemon law.

• Ask for a written statement that the car is safe to drive before taking it
• Make sure the repair order shows the car is unrepaired
• Keep the same dealer, or another authorized dealer, for the next visit
• Talk to a lemon law attorney before deciding if safety is involved

Common Mistakes While Your Car Sits at the Dealer

Long waits wear people down, and that is when small mistakes creep in. Most of them come from wanting the situation to end quickly. A little patience and a paper trail protect you.

The most common mistake is signing a form that lets the dealer keep the car longer, sometimes in exchange for a loaner. That form may count as your written agreement to extend the 30-day repair period. Ask for a copy and get advice before signing. Another mistake is stopping loan or lease payments out of frustration. Missed payments can hurt your credit and lead to repossession, and they make a buyback harder to finish.

A third mistake is relying only on phone calls. Calls are fine, but follow each one with a short text or email that repeats what you were told. That way, if the dates are disputed later, you have a record made at the time.

• Signing an extension or loaner agreement without reading it
• Letting the dealer close the repair order without saying the car is unrepaired
• Throwing away rideshare and rental receipts
• Accepting a goodwill payment and signing a release before getting advice

When to Call a Lemon Law Attorney

You do not need to wait until day 31. If the defect affects safety, if earlier visits already add up, or if the dealer cannot tell you when the car will be done, a free case review now can tell you where you stand. An attorney can count the days from your repair orders and explain whether the presumption or the 30-day repair rule may apply.

If the car qualifies, the manufacturer must replace it or buy it back under Civil Code 1793.2(d)(2), and you get to choose restitution instead of a replacement. A winning buyer recovers attorney fees and costs from the manufacturer under Civil Code 1794(d). With our firm, you pay $0 out of pocket, and if we lose, you owe us nothing.

Call 877-536-6620 or start the free online review. Have your purchase or lease contract, any repair orders, your messages with the dealer and your receipts ready. You speak directly with an attorney about your situation.

What to Do This Week

1. Email or text the service advisor asking what the car is waiting on and when it will be done.
2. Call the manufacturer's customer care line, ask about rental or transportation help, and write down the case number.
3. Save every receipt for rentals, rideshares, buses or towing while the car is at the dealer.
4. Write down the drop-off date for this visit and every earlier warranty visit.
5. Keep paying your loan or lease and keep the car insured.
6. Call 877-536-6620 for a free case review and send your repair orders and receipts.

Key Facts (as of October 2026)

• Warranty repairs must be completed within 30 days unless the buyer agrees otherwise (Civil Code 1793.2(b)).
• Restitution can include incidental damages such as reasonable towing and rental car costs (Civil Code 1793.2(d)(2)(B)).
• Within 18 months or 18,000 miles, more than 30 total days out of service for repairs creates a presumption of a reasonable number of attempts (Civil Code 1793.22(b)).

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

What Our Clients Say on Google

“He's extremely knowledgeable when it comes to dealing with service centers and dealerships and making sure they write down the things that are needed for the case.”

Yaira B. · Two Teslas · 5-star Google review

“He explained my rights under California's lemon law, took over all communication with Hyundai, and got my case resolved fast.”

Gil C. · 2024 Hyundai Palisade · 5-star Google review

“Jacob Shayesteh picked up the phone himself, which already blew me away. He knew exactly what was going on with my situation, explained the entire California lemon law process in plain English, and handled absolutely everything on my end.”

Brenda E. · 2024 Jeep Wrangler · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Can I rent any car I want and send the bill to the manufacturer?

Keep it reasonable, such as a car similar to yours. Save every receipt, but understand that recovery of rental costs depends on the facts of your case.

Do the days count if the dealer is just waiting for a part?

Yes, days the car is out of service for a warranty repair generally count toward the 30-day total, including days spent waiting for parts. An attorney will check the reason for any delay.

What if the dealer offers a loaner only if I sign a form?

Ask for a copy and read it before signing. Some forms include an agreement to extend the repair time, so get advice first.

Can I get a loaner from a different dealer?

You can ask another authorized dealer or the manufacturer's customer care line. Keep the car's repair at an authorized dealer either way.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• NHTSA, report a safety problem

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

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• What is the 30-day rule under California lemon law?
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• The Dealer Wants Me to Pay for a Repair I Think Is Under Warranty. What Do I Do?
• The Dealer Wants Me to Trade In My Problem Car. Should I?
• The Manufacturer Offered Me an Extended Warranty Instead of a Buyback. Should I Take It?
• I Opened a Case With the Manufacturer's Customer Care and Nothing Is Happening. What Next?
• See all lemon law questions

Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.