My New Car Keeps Breaking Down: What to Do (Step-by-Step Checklist)

If your new car keeps breaking down, take it to an authorized dealer every time the problem shows up, get a repair order for each visit, keep a written record of every symptom and day out of service, and talk to a lemon law attorney early. In California, a new vehicle the manufacturer cannot fix after a reasonable number of attempts must be replaced or bought back (Civil Code section 1793.2(d)(2)). The steps below help you build the record that proves it.

Step 1: Make sure you are safe

If the car stalls, loses power, has brake or steering trouble, or shows a red warning light, pull over safely and stop driving. Call roadside assistance or a tow. Keep the towing receipt.

Step 2: Take it to an authorized dealer right away

Warranty repairs need to be done by a dealer or repair facility authorized by the manufacturer. Independent shops do not count the same way, and paying a third party can complicate your claim. Do not wait to see if the problem goes away. In our experience, waiting too long is the biggest mistake owners make. It can increase your mileage offset and leave gaps in the record, especially with problems that come and go.

Step 3: Describe the problem clearly

Tell the service advisor exactly what happens, when and how often. For example: “Engine shuts off at stoplights, about twice a week, usually after 20 minutes of driving. Check engine light came on Tuesday.” Ask them to write your words on the repair order. Bring video if you have it. A passenger can record warning lights, noises or screen failures. Never record while you drive.

Step 4: Get and read every repair order

California law requires the dealer to give you a copy of the work order or repair invoice when warranty work is done (Civil Code section 1793.1(a)). Before you leave, check that it shows:

• Your complaint, in specific terms
• Date and mileage when you dropped the car off and picked it up
• What the technician found and did
• Any bulletin, campaign or recall number

Ask for an invoice even when the visit was “no charge” or the dealer found nothing. If they say “could not duplicate,” the visit can still count. Read what “operating as designed” and “no problem found” mean.

Step 5: Keep a symptom and downtime log

Use a notebook or phone note. Each time the problem happens, write the date, mileage, conditions and what you noticed. Separately, track every day the car is at the dealer. See the 30-day rule. If the dealer is holding your car for a long time, read what to do when the dealer is holding your car.

Step 6: Check for recalls and bulletins

Run your VIN through our VIN recall check. A recall on the same system can strengthen your claim, and in our experience a recall repair counts as a repair attempt, especially if you complained before the recall. See do recall repairs count as repair attempts.

Step 7: Read your warranty booklet

Step 8: Keep every receipt

Save receipts for towing, rentals, rideshare and any repairs you paid for. Restitution in a lemon law case includes incidental damages, which the statute says include reasonable repair, towing and rental car costs actually incurred (Civil Code section 1793.2(d)(2)(B)). See rental cars during warranty repairs.

Step 9: Keep paying and keep the car

Stay current on your loan or lease and keep your insurance active. Do not sell or trade in the car before you get legal advice. See selling or trading in during a lemon law claim. Do not modify the car with aftermarket parts, which can give the manufacturer an argument that something else caused the problem.

Step 10: Talk to a lemon law attorney

You do not need to reach four repairs or 30 days before calling. A lawyer can review your repair orders, tell you whether your history already qualifies and explain what to do next. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

Quick checklist

• Safe? Stop driving if the defect affects safety.
• Authorized dealer for every repair.
• Specific complaint written on every repair order.
• Copy of every repair order in one folder.
• Symptom log with dates and mileage.
• Days-out-of-service count.
• Video and photos of the problem.
• Recall check by VIN.
• Receipts for towing, rentals and repairs.
• Loan, lease and insurance kept current.
• Free case review with an attorney.

What does the law require for a buyback?

A presumption under Civil Code section 1793.22(b) arises if, within 18 months or 18,000 miles, a serious safety defect was subject to repair two or more times, the same defect was subject to repair four or more times, or the car was out of service more than 30 days total. The presumption is only one way to prove a case. Cars outside that window can still qualify if the manufacturer had a reasonable number of chances. The defect must be a nonconformity that substantially impairs use, value or safety. See what is a nonconformity.

If the car qualifies, you can receive a replacement or restitution, minus a mileage offset. Estimate your refund with the California lemon law calculator. If the car is a used vehicle, read does California lemon law cover used cars.

Local help

We are based in Westwood and represent owners throughout California. In Southern California, you can meet with a Los Angeles lemon law attorney or handle everything by phone and email.

Talk to a California lemon law attorney

If your vehicle is still under warranty and the problem keeps coming back, call 877-536-6620 for a free case review with a California lemon law attorney. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs. We handle cases in English and Spanish.

Frequently Asked Questions

What should I do if my new car keeps breaking down?

Take it to an authorized dealer every time, get a repair order for each visit, keep a symptom and downtime log, and talk to a lemon law attorney early.

How many repair attempts make a car a lemon in California?

A presumption arises within 18 months or 18,000 miles after four or more repairs for the same problem, two or more for a serious safety defect, or more than 30 days out of service. Cars can qualify outside the presumption too.

Should I use an independent mechanic?

For warranty problems, use an authorized dealer. Repairs by an independent shop may not count as repair attempts by the manufacturer.

When should I call a lemon law lawyer?

As early as possible. You do not need to reach four repairs or 30 days before getting a free case review.

Attorney advertising. Prior results do not guarantee a similar outcome.