I'm Missing Work Because My Car Is Always in the Shop. Can I Be Compensated?

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

The Short Answer

Records That Show What the Defect Has Cost You

• Repair orders showing each drop-off and pick-up date
• Pay stubs or time records showing hours or shifts you missed
• Messages to your employer about being late or absent because of the car
• Rideshare, transit or rental receipts for getting to work
• Tow bills and roadside assistance records
• A simple log of each day the car kept you from working

The Hidden Cost of a Car That Keeps Breaking

The repair itself may be covered by warranty, but the time is not free. Every visit means a drop-off, a ride, a wait and often a callback that the car is still not ready. For hourly workers, gig drivers and anyone with a long commute, that can mean lost shifts, late arrivals and real tension with a boss. Some people lose a job over it.

California's lemon law was written for this situation. When a manufacturer cannot fix a warranty defect after a reasonable number of attempts, it must buy the car back or replace it. The point is to end the cycle of repairs, not to make you live with it. Compensation for the costs the defect caused is part of the picture, but the most valuable thing is usually getting out of the car.

It is also worth knowing that the costs you track now may matter even if you never file a lawsuit. Many lemon law cases resolve through a demand and negotiation with the manufacturer. A clear, organized record of what the defect cost you helps your attorney present your losses at every stage, from the first demand letter to mediation.

This page explains what the law clearly covers, where lost work fits, and how to keep records so an attorney can present your losses accurately.

What the Law Clearly Covers

Under Civil Code 1793.2(d)(2), if the manufacturer or its dealers cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts, it must replace the vehicle or make restitution, and you may choose restitution. Civil Code 1793.2(d)(2)(B) measures restitution by the actual price paid or payable, with collateral charges such as sales tax, license and registration, plus incidental damages, less a mileage offset.

Incidental damages include reasonable repair, towing and rental car costs. If you rented a car to get to work while yours was in the shop, or paid for rides because the dealer had no loaner, those costs fit naturally here. They need to be reasonable and tied to the defect, which is why receipts and dates matter.

A manufacturer that willfully ignores its duties can also face a civil penalty of up to two times actual damages under Civil Code 1794(c). When you win, Civil Code 1794(d) requires the manufacturer to pay your attorney fees, costs and expenses.

• Rental car costs while the car was held for warranty repairs
• Rideshare, taxi or transit costs to get to work
• Towing and roadside costs when the car broke down
• Repair charges you paid for a warranty defect

Where Lost Wages Fit

Lost pay is not listed by name in the refund formula, and that is where honesty matters. Whether time missed from work can be recovered depends on the facts: how directly the defect caused the missed work, whether a loaner or rental would have prevented it, and how well the loss is documented. Some claims for lost income are stronger than others. A gig driver who could not work at all because the car was the job is in a different position than someone who missed an hour for a drop-off.

Do not assume lost wages will or will not be part of your case. Instead, gather the records and let an attorney evaluate them. Even when lost time is not separately paid, it still helps your case. It shows the defect substantially impaired your use of the car, which is one of the core questions in any lemon law claim. It also helps explain why a buyback, rather than one more repair, is the fair outcome.

Be careful not to exaggerate. Write down only what actually happened. Records made at the time, such as a text to your manager that morning, carry much more weight than a total estimated months later.

Keep in mind that a loaner changes the picture. If the dealer offered a loaner or rental and you turned it down, it may be harder to claim the work you missed during that visit. If you did not accept a loaner for a good reason, such as a car too small for your work equipment, write down that reason at the time.

How Time in the Shop Can Make Your Car a Lemon

Missed work usually means the car spent a lot of days at the dealer, and those days are evidence. Under Civil Code 1793.22(b), within 18 months or 18,000 miles, a reasonable number of repair attempts is presumed if the car was out of service for repairs more than 30 days total. The days add up across visits, and they count even when the dealer could not find the problem.

Separately, Civil Code 1793.2(b) says warranty repairs must be completed within 30 days unless you agree to more time. If the dealer asks you to agree to a longer repair, think carefully and ask for the request in writing. Each repair order should show the date you dropped the car off and the date it was ready. If the dealer called you to pick it up on a certain day, write that date down too.

Outside the 18 months or 18,000 miles, the presumption does not apply, but a claim can still succeed if the defect first showed up while the car was under warranty. A long history of days in the shop is persuasive evidence at any mileage.

Remember that only visits to an authorized dealer for the brand build this record. A quick trip to an independent shop may get you back to work sooner, but repairs there, or ones you do yourself, do not count as repair attempts. When the dealer updates software to fix the problem, including an over-the-air update, that can count as a repair attempt, so note the date of each update.

Example: How Luis Tracked Missed Shifts

Luis is a made-up worker, and his story only shows how the process works. Luis works rotating shifts at a warehouse and bought a new sedan in California to get there. Within the first year, the sedan kept losing power and showing warnings. He took it to the dealer five times. Two of those visits lasted more than a week, and the dealer had no loaners.

Luis missed several shifts because he could not find a ride on short notice. He started keeping a notebook with each date, what happened with the car, and whether he missed or shortened a shift. He saved his pay stubs, rideshare receipts and the texts he sent his supervisor. He also asked the dealer in writing for a loaner at every visit, which created a record that one was not provided.

When Luis called a lemon law attorney, the repair orders showed more than 30 days out of service, and his notebook and receipts were organized for review as part of his losses. The attorney explained which costs fit clearly as incidental damages and which would depend on further facts. This example shows the process only and does not promise any result.

How to Build a Simple Lost-Work Record

You do not need special software. A note on your phone or a paper notebook works, as long as you add to it on the day things happen. Keep the receipts and documents in one place, like a folder or a photo album on your phone. Phone photos of documents are fine.

Keep your log factual and short. One or two lines per day is enough. An attorney can turn a clear, consistent record into a strong part of your case, but no one can recreate it for you later.

• Date, and whether the car was at the dealer or broke down
• Hours or shift missed, and your rate of pay if hourly
• How you got to work instead, and what it cost
• Whether you asked for a loaner and what the dealer said
• Copies of texts or emails to your employer that day

Getting Help Without Missing More Work

The last thing you need is another appointment. You can start a free case review online any day of the week or call 877-536-6620, and you can send repair orders and pay records as phone photos. The person you talk to about your case is an attorney.

If the claim moves forward, your attorney handles the communication with the manufacturer, including any pre-lawsuit notice, document exchange and mediation steps required for many claims under Code of Civil Procedure 871.20 and following. Most of the work happens without you taking time off. There is $0 out of pocket with our firm, you owe us nothing if we lose, and the manufacturer covers attorney fees when you win.

If your job depends on the car, tell the attorney that at the start. Rideshare drivers, delivery drivers, home health workers and contractors who carry tools all lose more than a commute when the car is in the shop. That context helps explain the impact of the defect, and it can affect which losses are worth documenting in detail.

What to Do Next

1. Start a dated log today of every missed shift, late arrival and dealer trip.
2. Ask your employer or payroll for records of the hours or days you missed.
3. Ask the dealer for a loaner or rental in writing at every warranty visit.
4. Keep every receipt for transportation you paid for because the car was in the shop.
5. Keep making loan or lease payments and keep copies of each repair order.
6. Call 877-536-6620 for a free case review so an attorney can look at your records.

Key Facts (as of October 2026)

• Restitution includes incidental damages such as reasonable repair, 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)).
• A willful violation can lead to a civil penalty of up to two times actual damages (Civil Code 1794(c)).

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

“Even though my case is still ongoing, I wanted to leave this review because his communication has been outstanding. He keeps me updated, responds quickly to questions, and makes sure I always know what is happening with my case.”

Fred F. · BMW iX · 5-star Google review

“I am so impressed by how fast his team worked. They didn't just handle my case; they fought for me. From the very first phone call, the communication was great, and they kept me updated through every single step of the process.”

Avi K. · 2024 McLaren Artura · 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

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

FAQ

Does the dealer have to give me a loaner so I can get to work?

Whether a loaner is offered depends on the manufacturer's warranty and the dealer. Ask in writing every time, and keep receipts for any transportation you pay for yourself.

Can I use my car for my rideshare or delivery job and still have a claim?

Personal vehicles used for some work can still be covered. Business vehicle rules, such as the five vehicle limit, can also matter, so tell your attorney how you use the car.

What if I used vacation days instead of losing pay?

Write that down too. It is part of the record of how the defect affected you, and an attorney can tell you whether it can be part of your claim.

Can my employer give me a letter about the missed work?

Yes, and it can help. A short note confirming the dates you missed or arrived late is useful along with your pay records.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• California Code of Civil Procedure section 871.20 (California Legislature)

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

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• Incidental damages under California lemon law
• Incidental vs consequential damages
• Can I get reimbursed for repairs and rentals I paid for?
• I Just Bought My Car and It Already Has Problems. Can I Return It?
• My Lease Is Ending and the Car Has Been a Lemon the Whole Time. What Now?
• I'm Moving Out of California. Can I Still File a Lemon Law Claim?
• I'm Stuck Paying for a Car I Can't Drive. What Can I Do?
• I Owe More Than My Car Is Worth and It Keeps Breaking. Can I Get Out?
• My Car Broke Down With My Kids in It. Is It a Lemon?
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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.