I'm Stuck Paying for a Car I Can't Drive. What Can I Do?

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

The Short Answer

Signs Your Payments May Be Covered by a Lemon Law Claim

• The car has been at an authorized dealer for warranty repairs for weeks at a time
• The same problem keeps coming back after the dealer says it is fixed
• You stopped driving the car because the defect makes it unsafe
• The dealer is waiting on parts and cannot give you a date
• You bought or leased the car new, or it came with the new car warranty
• You are paying for a rental, rides or a second car while yours sits

Why You Should Keep Paying Even When the Car Is Parked

It feels unfair to send money every month for a car that sits in a service bay. Many people are tempted to stop paying as a way to force the issue. That almost always backfires. Your lender is a separate company from the manufacturer, and your loan or lease contract does not pause because the car is broken. Missed payments can be reported to the credit bureaus, and a lender can repossess a car even while it is at the dealer.

A lemon law claim is aimed at the manufacturer, not your bank. If the claim succeeds with a buyback, the payments you made are part of what gets refunded, and the remaining balance is paid off. So the money you keep paying now is not wasted. It is tracked and counted. Stopping payments can create a second problem, such as late fees, a damaged credit score or a repossession, that the lemon law claim was never designed to fix.

If money is tight, call your lender and ask what hardship options it offers, such as a deferred payment. Ask for any change in writing. Do not tell the lender you are refusing to pay because of the defect. Keep your insurance active too, because your loan or lease almost certainly requires it.

What the Law Says About a Car Stuck in the Shop

California's lemon law is the Song-Beverly Consumer Warranty Act. Under Civil Code 1793.2(b), warranty repairs must be completed within 30 days unless you agree to a longer time. That rule exists because the law recognizes that a car held for months is a real hardship. Long repair stays also matter for the bigger question of whether your car qualifies as a lemon.

The Tanner Act presumption in Civil Code 1793.22(b) says that, within 18 months or 18,000 miles, a manufacturer is presumed to have had a reasonable number of chances to fix the car if it was out of service for repairs more than 30 days total. Those days do not have to be in a row. Three visits of 11 days each can add up. Days count whether or not the dealer ever found the problem.

The presumption is a shortcut, not a requirement. 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, the manufacturer must replace the vehicle or buy it back, and you get to choose a buyback instead of a replacement. A car you cannot drive for weeks is a strong sign the defect substantially impairs its use.

• Days out of service count from drop-off to the day the car is ready for you
• Separate visits for the same or different warranty problems can be added together
• A visit where the dealer could not find the problem can still count
• Repairs done at an independent shop or by you do not count

When the Car Is Home but Too Unsafe to Drive

Not every stuck car is at the dealer. Some people pick the car up after a repair, the problem comes right back, and they park it in the driveway because they no longer trust it. A car that stalls on the freeway, loses power steering or brakes on its own is not something you should drive with your family inside just to prove a point.

If you park the car for safety reasons, make that decision visible on paper. Call the dealer and tell them the problem returned. Then send a short written message, such as an email to the service manager, saying what happened, when, and that you do not feel safe driving the car. If the car cannot be driven to the dealer, ask about towing. A record that you reported the problem promptly is far more useful than a car that sat quietly for two months with no paper trail.

Safety defects get special treatment. Under Civil Code 1793.22(b), if a defect likely to cause death or serious injury was repaired two or more times within the first 18 months or 18,000 miles, a reasonable number of attempts is presumed. You can also report the problem to the National Highway Traffic Safety Administration, which collects safety complaints from owners.

Example: How Ana Handled Payments on a Parked SUV

Ana is a made-up owner, and this story only walks through the process. Ana bought a new SUV in California and financed it through the manufacturer's lending arm. At 9,000 miles, the dashboard lit up with warnings and the SUV went into a reduced power mode on the freeway. The dealer kept it 19 days waiting on a part, replaced a sensor and returned it. Three weeks later, the same warnings appeared. The dealer kept it another 16 days.

During those weeks, Ana kept making her payments, even though she was also paying for rides to work. She asked for a loaner in writing and received one for part of the second visit. She saved every receipt and kept both repair orders, each showing the drop-off and pick-up dates. When she called a lemon law attorney, the first thing the attorney did was add up her days out of service, which came to more than 30.

Because her payment history was clean, there was no repossession risk or credit issue to complicate things. Her claim focused on what mattered: the defect, the repair attempts and the time the SUV spent in the shop. Her ride receipts were organized as possible incidental damages. The example shows the process only. Every case is different, and no result is promised.

What a Buyback Can Cover When You Have Been Paying All Along

If your car qualifies and you choose restitution, Civil Code 1793.2(d)(2)(B) says the manufacturer pays the actual price paid or payable, including collateral charges like sales tax, license and registration fees, plus incidental damages. In plain terms, that usually means the money you put down, the payments you have made, and payment of the remaining loan balance to your lender. Incidental damages can include reasonable towing, repair and rental car costs that the defect caused.

The manufacturer may subtract a mileage offset. Under Civil Code 1793.2(d)(2)(C), the offset is based on the miles you drove before you first took the car in for the problem. Miles you drive after that first visit do not increase it. If you parked the car early in its life, the offset may be small, but every case is calculated on its own facts.

If you choose a replacement instead, the manufacturer provides a substantially identical vehicle. Some manufacturers also offer a cash and keep settlement, where you keep the car and receive a payment. Which option makes sense depends on whether you still want this model and whether you trust the repair. An attorney can explain each choice before you decide.

Costs to Track While the Car Is Off the Road

When your car is out of service, the costs pile up in small amounts that are easy to forget. A month later, you may not remember the ride home from the dealer or the extra day of rental. Start a simple log on your phone or in a notebook and keep receipts in one folder. Good records make it easier for an attorney to present your losses accurately.

Do not inflate anything or guess. Write down only what you actually paid, with the date and the reason. If you borrowed a family member's car, note the dates. If the dealer gave you a loaner, write down when you had it and when you did not, since gaps matter.

• Rental car invoices and the dates you had the rental
• Rideshare, taxi and transit receipts for trips the car should have covered
• Towing bills and roadside assistance records
• Any repair bills you were charged for warranty work
• Loan or lease statements showing each payment you made
• Insurance bills paid while the car could not be driven

How an Attorney Helps When You Are Paying for Nothing

Most people stuck in this situation have already spent hours on hold with the manufacturer's customer line. An attorney changes who you are talking to. Once you hire a firm, the manufacturer deals with the firm, and you can focus on getting around. Your attorney gathers repair orders, counts days out of service, reviews your purchase or lease contract, and presents a demand for a buyback or replacement.

For many claims against manufacturers that opted into the 2025 procedures under Code of Civil Procedure 871.20 and following, there are written notice, early document exchange and mediation steps before a lawsuit moves forward. Your attorney handles those steps and their deadlines. If the case resolves with a buyback, the manufacturer pays off the loan as part of the settlement process.

Cost should not stop you from asking. A buyer who wins recovers attorney fees, costs and expenses from the manufacturer under Civil Code 1794(d). Working with our firm costs you $0 up front, nothing is owed to us if the case is lost, and we never pursue clients for fees. A free case review can tell you whether your days in the shop and repair orders already support a claim.

What to Do This Week

1. Make your next loan or lease payment on time and keep the car insured.
2. Ask the service advisor for a copy of the open repair order showing the date the car was dropped off.
3. Write down every day the car has been out of service and every day you could not safely drive it.
4. Save receipts for rentals, rides, towing and any other costs the breakdown caused.
5. Ask the dealer in writing for a loaner or rental while the car is held for warranty work.
6. Call 877-536-6620 for a free case review so an attorney can look at your repair history.

Key Facts (as of October 2026)

• Warranty repairs must be completed within 30 days unless the buyer agrees otherwise (Civil Code 1793.2(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)).
• Keep making loan or lease payments during a claim; missed payments can hurt your credit and lead to repossession.

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

“Although it turned out that my vehicles did not quite meet the legal criteria, the level of service I received was outstanding. He will give you an honest assessment of your situation.”

Nick · VW ID.4 owner · 5-star Google review

“They were incredibly professional, fast, and efficient, taking over all the stressful communication with the manufacturer so I didn't have to. In the end, they secured a full lemon law refund for me, which covered not just the vehicle cost, but all of my registration fees, taxes, and finance charges.”

Aaron K. · 2024 Mercedes-Benz EQE · 5-star Google review

“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

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

FAQ

Can the dealer charge me while my car waits for warranty parts?

Covered warranty repairs are done at no charge to you. If you are billed for anything during a warranty visit, keep the invoice and ask an attorney about it.

Do I have to accept a loaner if it is a smaller car?

You can accept it and still note in writing that it does not meet your needs. Keep records of any extra costs you had because the loaner did not work for you.

Will the manufacturer refund my insurance payments in a buyback?

Insurance premiums are not part of the basic refund formula in Civil Code 1793.2(d)(2)(B). Whether they can be claimed depends on the facts, so keep the bills and ask during your case review.

Should I return the car to the lender to stop the payments?

No. A voluntary repossession can still leave you owing a balance and can damage your credit. Talk to a lemon law attorney before giving the car up.

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
• California Department of Consumer Affairs: California's Lemon Law Q&A
• California Attorney General: Buying and Maintaining a Car

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

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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.