Do Recall Repairs Count as Repair Attempts Under California Lemon Law?

In our experience, yes: a recall repair visit counts as a repair attempt under California lemon law, especially if you complained about the same problem before the recall was announced. A recall is the manufacturer admitting that a defect exists. When the dealer performs the recall work on your car, the manufacturer is getting a chance to fix that defect. If the problem keeps coming back after the recall repair, or there is no fix available at all, you may have a lemon law claim.

How recalls fit into the lemon law

The Song-Beverly Consumer Warranty Act requires the manufacturer to replace your vehicle or refund your money if it cannot make the car conform to its warranty after a reasonable number of attempts (Civil Code section 1793.2(d)(2)). The law does not carve out recall work. A recall repair is a repair performed by an authorized dealer, under the manufacturer’s direction, at the manufacturer’s expense, to fix a defect in your car. That is a repair opportunity.

A defect that triggers a safety recall often also “substantially impairs the use, value, or safety” of the car, which is how the lemon law defines a nonconformity (Civil Code section 1793.22(e)(1)). Read more in our guide to what a nonconformity is. For the bigger picture on how the two systems differ, see recall vs. lemon law.

Why complaints before the recall matter

Many owners notice a problem months before a recall is issued. The car stalls, a warning light comes on, or the battery drains, and the dealer says it cannot find anything. Later a recall comes out for exactly that issue. In our cases, those earlier visits matter a great deal:

• They are repair opportunities. You presented the car and described the problem. The dealer had a chance to fix it.
• They show the defect existed early. The recall later confirms that what you reported was real.
• They can reduce your mileage offset. When a manufacturer refunds a lemon, it may subtract an amount for your use of the car before you first delivered it for repair of the defect (Civil Code section 1793.2(d)(2)(C)). In our experience, that offset is measured from the first visit where you reported the problem, even if the dealer could not verify it that day, once the defect is later confirmed. An early complaint can mean a smaller deduction and a larger refund.

Learn how the formula works in how the mileage offset is calculated, or run numbers with our California lemon law calculator.

When there is no recall fix yet

Some recalls are announced before a remedy exists. The owner receives a letter saying the manufacturer is working on a fix, and sometimes a warning not to park the car indoors or to limit charging. In our experience, a recall with no available fix can support a buyback on its own. Some Jeep Wrangler 4xe high-voltage battery fire recalls are an example of a situation where owners were told to wait with no repair available.

Waiting also counts. Under that section, a vehicle out of service for repairs for more than 30 calendar days in total within 18 months or 18,000 miles is presumed to be a lemon. That period can be extended only for repair delays caused by conditions beyond the manufacturer’s control. See our explainer on the 30-day rule.

The repair-count presumption

Civil Code section 1793.22(b) creates a presumption that the manufacturer had a reasonable number of attempts if, within 18 months or 18,000 miles, any of these happened:

• A problem likely to cause death or serious injury was subject to repair two or more times.
• The same problem was subject to repair four or more times.
• The car was out of service for repairs for more than 30 days total.

Many safety recalls involve exactly the kind of defect that falls into the two-attempt category. The presumption is not the only path. Cars outside 18 months or 18,000 miles can still qualify if the manufacturer had a reasonable chance to fix them.

1. Call an attorney as soon as you get the notice. In our experience, early advice helps you avoid mistakes with documentation and timing.
2. Check every recall on your VIN. Use our VIN recall check and browse recent recalls. Your car may have more than one open campaign.
3. Gather your old repair orders. Look for any visit where you complained about the same symptom before the recall. Those are valuable.
4. Schedule the recall repair. Tell the service advisor about every symptom you have noticed, not only the recall. Ask them to write your complaint on the repair order.
5. Get a copy of the repair order. California law requires dealers to give you a copy of the work order or invoice for warranty work (Civil Code section 1793.1(a)). Check that it lists the recall number, your complaint, the dates and the mileage.
6. Track days out of service. Write down the date you dropped the car off and the date you got it back, including days spent waiting for parts.
7. Watch for the problem after the repair. If it comes back, return right away. A failed recall repair is another attempt.

What you can recover

If the car qualifies, the manufacturer must replace it or pay restitution: the price paid or payable, collateral charges such as sales tax and registration fees, and incidental damages such as reasonable towing and rental car costs actually incurred, less the mileage offset (Civil Code section 1793.2(d)(2)(B) and (C)). If the manufacturer willfully failed to comply, a court can add a civil penalty of up to two times your actual damages (Civil Code section 1794(c)), and a prevailing buyer can recover attorney fees and costs (Civil Code section 1794(d)).

In our experience, recall-related cases often resolve in about 1 to 3 months from the first call, though cases that go into litigation take longer. Every case is different. Prior results do not guarantee a similar outcome.

Software recalls are common. If yours was a reflash, read whether a software update counts as a repair attempt. If the dealer is holding your car, see what to do when the dealer is holding your car.

Local help

We are based in Westwood and represent owners throughout California. If you are in Southern California, you can work with a Los Angeles lemon law attorney by phone, email or in person.

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

Does a recall repair count as a lemon law repair attempt?

In our experience, yes. A recall repair is the manufacturer trying to fix a defect in your car, and it counts as a repair opportunity, especially if you complained about the problem before the recall.

What if I complained about the problem before the recall came out?

Those earlier visits can count as repair attempts and, in our experience, can reduce your mileage offset because the offset is measured from the first visit where you reported the problem.

What if the recall has no fix available?

In our experience, a recall with no available remedy can support a buyback on its own, particularly where the owner is left with a known safety defect and no repair.

Do days waiting for recall parts count toward the 30 days?

In our experience, yes. Days the car is at the dealer waiting for recall parts count toward the 30-day out-of-service measure.

When should I call a lawyer about a recall?

As soon as you get the recall notice. Early advice helps you document visits correctly and avoid waiting too long.

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