My Car Has Been in the Shop 3 Times. Is It a Lemon?

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

The Short Answer

Signs Your Three Visits May Add Up to a Lemon

• All three visits were at a dealer authorized by the manufacturer
• The car was still under the manufacturer's warranty for each visit
• The repair orders describe the same or a closely related problem
• The problem is still happening after the third visit
• The defect affects safety, drivability, or what the car is worth
• The car has spent many days in the shop, even if you lost count
• The car was bought new, leased, or sold with the new car warranty

Why the Number Three Is Not a Magic Number

Many drivers hear that you need a certain number of repairs before a car counts as a lemon. California law does not work that way. Under Civil Code 1793.2(d)(2), the manufacturer must replace or buy back a new vehicle if it cannot fix a warranty defect after a reasonable number of attempts. The word reasonable is the test, and it depends on the facts.

A reasonable number for a rattle in the dash is different from a reasonable number for a car that stalls in traffic. Courts and juries look at the kind of defect, how many times you brought it in, how long it sat at the dealer, and whether the dealer actually fixed it.

So three visits is not too few, and it is not automatically enough. It is a common point where drivers start asking the right question, and it is often the point where a lawyer can tell you whether the record is strong.

Think about how the defect affects you day to day. If you avoid the freeway, stop driving at night, or keep a second car ready because you do not trust this one, those facts help show substantial impairment. Write them down while they are fresh, because months later it is hard to remember how often the problem happened or how it changed the way you use the car.

How the Tanner Act Presumption Fits Your Three Visits

California has a shortcut called the Tanner Act presumption, found in Civil Code 1793.22(b). Within the first 18 months or 18,000 miles, a reasonable number of attempts is presumed if any one of the three tests listed below is met.

If a serious safety defect was repaired twice, three visits may already go past the presumption. If the problem is not a safety defect, you may be one visit short of the four repair test, but the presumption is only one way to prove a case. Many claims succeed without it, including claims outside 18 months or 18,000 miles where the defect first showed up while the warranty was in effect.

For the first two tests, the buyer must have directly notified the manufacturer if the owner's manual clearly requires it. Look in your warranty booklet for a section on contacting the manufacturer.

• A defect likely to cause death or serious injury was repaired 2 or more times
• The same defect was repaired 4 or more times
• The car was out of service for repairs more than 30 days total

What Counts as a Repair Attempt and What Does Not

A repair attempt is a visit where you presented the car to the manufacturer or its authorized dealer for a warranty problem. The dealer does not have to succeed, and it does not have to find anything. Under Oregel v. American Isuzu Motors (2001), a visit where the dealer could not find or fix the problem can still count, and you do not have to prove the exact technical cause.

Our firm's position is that a software update, including an over-the-air update, can count as a repair attempt when it was done to fix the problem you reported. A recall repair can also count when it addresses the same defect.

Repairs at an independent shop, or work you did yourself, do not count as repair attempts. The lemon law is about giving the manufacturer and its dealers the chance to fix the car. If one of your three visits was at a local mechanic, it may still help as evidence of the problem, but it does not add to your count.

Also pay attention to visits that were booked for something else. If you brought the car in for an oil change and mentioned the problem, and the advisor wrote it on the repair order, that visit can count too. If the advisor refused to write it down, note the date and the name of the person you spoke with, and send a short email confirming what you reported.

Example: How Three Visits Were Reviewed

This is a made-up example to show the process. Daniel leased a new sedan in California. At 4,000 miles, the transmission began jerking when shifting from second to third gear. He took it to the dealer, which reported it could not reproduce the problem. At 7,500 miles, the dealer performed a software update to the transmission control module. At 11,000 miles, the dealer replaced a valve body.

The jerking came back a few weeks later. Daniel thought he needed a fourth visit before he could do anything. When an attorney reviewed his three repair orders, each one described the same harsh shifting complaint, and each visit happened while the car was under warranty.

The attorney explained that the software update and the no problem found visit were both likely to count, that the defect affected drivability, and that whether three attempts were reasonable was a fair question for the manufacturer to answer. Daniel kept driving the car, kept paying his lease, and the firm sent the manufacturer a written demand. This example describes steps only, not a result.

The lesson from Daniel's story is simple. He did not need to guess whether three was enough. He gathered his paperwork and let someone who reads repair orders every day give him an answer.

What Your Repair Orders Need to Show

Your repair orders are the most important evidence in a lemon law case. They are the dealer's own record of what you said, what it did, and how long it kept the car. A strong set of three repair orders usually has a few things in common.

If your orders are missing details, you can ask the dealer for a printed copy of the full history for your VIN. Do not alter any document. If something is wrong, write a short note to the service manager explaining the error and keep a copy.

Put the three orders side by side. Look for the same symptom written in slightly different ways, such as hesitation, stumble, and loss of power. Those may all describe one defect. Also look for missing visits. Sometimes a dealer looks at a car without opening a formal repair order, and you may need to ask for a record of that inspection.

• Your complaint in your own words, such as car hesitates and shudders at highway speed
• The date and mileage when the car was dropped off and picked up
• What the technician tested, found, replaced or updated
• Whether the work was billed to warranty
• Notes such as could not duplicate or operating as designed, which can still count

Common Mistakes After the Third Repair

The third repair is often when frustration peaks, and that is when drivers make choices that weaken a strong claim. Most of these mistakes are easy to avoid once you know about them.

The biggest one is trading the car in at the same dealer. The trade-in feels like a fresh start, but the dealer usually gives you less than what the car would bring in a buyback, and the car is gone when an inspection might be needed. California courts have held that you do not have to still own the car to pursue lemon law remedies (Martinez v. Kia Motors America, 2011), but selling first still makes the case harder and can change what you recover.

Another mistake is waiting too long. Warranty claims generally must be filed within four years under Commercial Code 2725, and the rules about when that clock starts are technical. For manufacturers that opted in to the 2025 changes, there are added pre-lawsuit steps. Getting advice early keeps your choices open.

• Paying an independent shop to fix a warranty defect
• Stopping loan or lease payments out of frustration
• Accepting a small goodwill check and signing a release
• Throwing away repair orders after each visit
• Telling the dealer the problem is gone when it is not

What You May Be Able to Recover

If the car qualifies, Civil Code 1793.2(d)(2) lets you choose between a replacement vehicle and restitution, which is a buyback. Restitution generally includes what you paid or owe on the car, including sales tax, license and registration, plus incidental damages such as reasonable towing or rental costs. The manufacturer can subtract a mileage offset based on the miles you drove before you first brought the car in for the problem.

When you win, the manufacturer pays your attorney fees and costs under Civil Code 1794(d). With our firm, if we lose, you owe us nothing, and we never go after the client for fees. Every case is different, so an attorney needs to see your paperwork before anyone can tell you what applies to your car.

If the manufacturer willfully failed to meet its duties, a court can add a civil penalty of up to two times actual damages under Civil Code 1794(c). That depends on the evidence and is never automatic.

Some drivers worry that bringing a claim means giving up the car right away. That is not how it usually works. You normally keep driving the car, if it is safe, until the claim is resolved and any buyback is completed.

What to Do Next

1. Collect a copy of every repair order from all three visits, including the mileage in and out.
2. Read each repair order and check that your complaint is written the way you described it.
3. Write down the dates the car was at the dealer and add up the total days out of service.
4. If the problem returns, take the car back to an authorized dealer instead of an independent shop.
5. Keep making your loan or lease payments and keep the car insured.
6. Call 877-536-6620 for a free case review so an attorney can read your repair orders.

Key Facts (as of October 2026)

• California's lemon law is the Song-Beverly Consumer Warranty Act, Civil Code 1790 and following.
• Within 18 months or 18,000 miles, two repairs of a serious safety defect or four repairs of the same defect create a presumption of a reasonable number of attempts (Civil Code 1793.22(b)).
• A buyer who wins recovers attorney fees, costs and expenses from the manufacturer (Civil Code 1794(d)).

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

Do the three visits have to be for the exact same problem?

They should be for the same defect or closely related symptoms of it. Different unrelated problems are looked at separately, though many separate defects can also matter.

Does it matter if the visits were at different dealers?

No. Any dealer authorized by the manufacturer counts, as long as the visits were for warranty repairs.

What if the dealer said the problem was fixed after the third visit?

If it comes back, the third visit was not a successful repair. Bring the car back and make sure the new repair order says the problem returned.

Should I wait for a fourth visit before calling a lawyer?

No. A free review now can tell you whether three visits are already enough, and it costs you nothing.

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 recall lookup

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

Related Guides

• How many repair attempts do I need for a lemon law claim?
• What counts as a reasonable number of repair attempts?
• Does a software update count as a repair attempt?
• My New Car Has Been at the Dealer for a Month. What Can I Do?
• The Dealer Can't Fix My Car. What Are My Options?
• The Dealer Said It Was Fixed, but the Problem Came Back. Now What?
• My Car Was in the Shop Before I Even Made My First Payment. Is That a Lemon?
• My Used Car From the Dealer Keeps Breaking Down. Do I Have Any Rights?
• My Certified Pre-Owned Car Keeps Having Problems. What Can I Do?
• 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.