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My Rivian Has Been at Service for Weeks. What Are My Rights?

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Home › Lemon Law Questions › My Rivian Has Been at Service for Weeks. What Are My Rights?

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

The Short Answer

You have real rights under California law. Warranty repairs generally must be completed within 30 days unless you agree otherwise, and if your Rivian has been out of service for warranty repairs more than 30 days total within 18 months or 18,000 miles, the law presumes Rivian has had a reasonable number of chances to fix it. If the defect still substantially impairs use, value or safety, Rivian may have to repurchase or replace the vehicle. Start by writing down every date your R1S or R1T has been at service.

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Signs Your Rivian Time at Service May Matter

  • The vehicle has been at a Rivian service center for weeks on one visit or across several
  • You have service invoices or app records showing drop off and pickup dates
  • The repair was for a problem covered by Rivian's warranty
  • The problem was not fixed, or it came back after the vehicle was returned
  • You were told parts were on back order or the repair was waiting on engineering
  • You bought or leased the R1S or R1T new

Your Rights When a Warranty Repair Drags On

Two parts of California law matter most when your Rivian is stuck at service. First, Civil Code 1793.2(b) says warranty repairs must be completed within 30 days unless the buyer agrees otherwise. The statute allows some extension for delays truly outside the manufacturer's control, so the reasons for the delay matter. That is one reason to have an attorney look at your dates.

Second, the Tanner Act presumption in Civil Code 1793.22(b) says that within 18 months or 18,000 miles, a reasonable number of repair attempts is presumed if the vehicle was out of service for repairs more than 30 days total. The days do not have to be in one visit. Two weeks in spring and three weeks in summer add up.

When the manufacturer cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts, Civil Code 1793.2(d)(2) requires it to replace or repurchase the vehicle. You choose a refund instead of a replacement if you want one.

A long stay at service does not prove a case by itself, and it does not mean Rivian acted in bad faith. It does mean the clock may already be working in your favor, so do not wait to learn where you stand.

How Direct Service Changes Your Paper Trail

Rivian sells and services its vehicles directly, without independent dealers. That means your repair records come from Rivian service centers, mobile service visits and the Rivian app, not a dealership's service drive.

Those records can be easy to lose. App messages may scroll away, and some visits may not create a printed invoice. Save everything as you go. Screenshot each service request when you submit it, each message from the service team, each status change and each estimated completion date. Save every invoice, even if the work was free under warranty.

Over-the-air updates matter too. Our firm treats a software update, including an over-the-air update, as a repair attempt when it was done to fix the problem you reported. Save the update notice and release notes, and tell the service team whether the update changed anything.

Work done by an independent shop, or by you, does not count as a repair attempt. Keep all warranty work with Rivian.

  • Service request screenshots with dates
  • Every invoice or repair summary, including mobile service
  • Messages giving reasons for delay, such as parts or engineering review
  • Over-the-air update notices and release notes
  • Rental, rideshare or loaner records

What California Rivian Owners Have Reported

We reviewed California owner complaints filed with NHTSA from 2021 through 2026 for 2019 to 2027 model year vehicles. There were 188 complaints about Rivian vehicles. The R1S had 108 and the R1T had 77, with a few about other Rivian models.

The most common components listed were forward collision avoidance with 24, air bags with 22, unknown or other with 20, the electrical system with 19, service brakes with 14 and power train with 11. The 2023 model year had the most reports, with 83, followed by 2022 with 47 and 2025 with 33.

Treat these as owner reports, not verified defects. They are also not adjusted for sales. They do not tell you why any particular vehicle has been at service, or whether it has a defect.

Our site has pages for several Rivian recalls, including the 2022 Rivian R1T Accelerator Pedal Recall (23V883) and the 2022 to 2023 Rivian R1S Curtain Air Bag Recall (23V159). Whether a recall applies depends on your VIN, so check the recall page or NHTSA for the current remedy status. An open recall alone is not automatically a lemon law case, but recall repairs can count as repair attempts.

Counting Your Days Out of Service

The 30 day test is about calendar days the vehicle was out of service for warranty repairs. Build your count from the paperwork, not from memory. Use the date you dropped the vehicle off and the date you were told it was ready, and keep any message where the service team says the vehicle is waiting for parts.

If the problem forced you to stop driving before the appointment, note those dates too, and when you asked for service. How each day should be counted can be disputed, so a written log made at the time is valuable.

Rental car, rideshare and towing costs can be part of what the manufacturer must repay as incidental damages under Civil Code 1793.2(d)(2)(B). Save those receipts in the same folder as your invoices.

For the two and four repair tests in the presumption, you must have directly notified the manufacturer if the owner's manual clearly requires it. Because Rivian is both the manufacturer and the service provider, your service requests may already be notice to Rivian, but check your owner's guide and warranty for any specific requirement.

It also helps to separate the visits in your log. Write one line per visit: the date in, the date out, the complaint, and what Rivian said it did. Then add a running total of days. If a single visit had a gap, such as the vehicle being returned to you for a few days while a part was ordered and then taken back, record both stretches separately. A clear, simple table like this is often the first thing an attorney asks for, and it makes it much easier to see whether the 30 day line has already been crossed.

Example: An R1S Owner Keeping Track of Weeks at Service

This is a hypothetical example with a made-up owner. Jordan bought a new R1S in California. Within the first year, the driver assistance features began shutting off with a warning, and the climate system stopped heating. He submitted a service request in the app.

A mobile technician came first and performed a software reset. The warning came back, so Jordan took the vehicle to a service center. It stayed there 19 days while a part was on back order. Two months later the same warning returned, and the vehicle went back for another 16 days.

Jordan had screenshots of every app message, both invoices and a rental receipt. When an attorney reviewed the file, the records showed more than 30 days out of service within 18 months, plus three attempts on the driver assistance complaint. The attorney explained the purchase agreement terms and sent a written demand to Rivian.

Jordan kept making his loan payments throughout. This describes the process only. It does not suggest any result.

Arbitration, Fees and Other Questions for Direct Buyers

When you buy from a traditional dealer, the 2025 California Supreme Court decision in the Ford Motor Warranty Cases held that manufacturers generally cannot force buyers into arbitration using the arbitration clause in the dealer's sales contract. With Rivian, you signed Rivian's own purchase or lease agreement, so that decision may not answer the question. Have an attorney read your agreement before you assume either way.

Newer pre-lawsuit rules under AB 1755 and SB 26, found in Code of Civil Procedure 871.20 and following, apply for manufacturers that opted in. For many claims they add written notice, early document exchange and mediation steps. An attorney can tell you whether they apply to you.

Keep making your loan or lease payments. Missed payments can hurt your credit and lead to repossession, and they do not help your claim. Do not sell or trade in the vehicle without talking to an attorney first.

Civil Code 1794(d) shifts attorney fees and costs to the manufacturer when the buyer wins. Hiring our firm costs you $0 out of pocket, and you owe us nothing if we lose.

Common Mistakes While Your Rivian Is at Service

Long repairs wear people down, and that is when owners make choices that hurt their claim. The most common is agreeing to something in a chat message without thinking about it, such as accepting a longer timeline, a goodwill credit or a promise that the next update will fix everything.

A goodwill offer is not a buyback. If Rivian offers a credit, free service or an extended warranty while your vehicle is down, you can listen, but do not sign or click to accept anything that releases claims until an attorney has read it.

Another mistake is relying on the app as your only record. App histories can change, and screenshots taken at the time are far more reliable. Back up your screenshots and invoices somewhere outside your phone.

Some owners also stop asking for updates because they do not want to be a bother. Polite, written check ins are part of your record. A short message every few days asking for the status, the reason for the delay and an expected completion date shows exactly how long the vehicle was out of service and why.

  • Accepting a longer repair timeline in writing without advice
  • Taking a goodwill credit that includes a release of claims
  • Keeping records only in the app
  • Going quiet instead of asking for written status updates
  • Selling or trading in the vehicle in frustration

What to Do Next

  1. Screenshot every service request, message and status update in the Rivian app, with dates.
  2. Download or save each service invoice, including mobile service visits.
  3. Write a simple log of each day the vehicle was out of your hands and why.
  4. Do not sign anything that extends the repair time or releases claims before an attorney reviews it.
  5. Keep your loan or lease payments current and save rental or rideshare receipts.
  6. Call 877-536-6620 or start a free case review and send your invoices and screenshots.

Key Facts (as of October 2026)

  • Repairs must be completed within 30 days unless the buyer agrees otherwise (Civil Code 1793.2(b)).
  • Within 18 months or 18,000 miles, a reasonable number of attempts is presumed if the vehicle was out of service for repairs more than 30 days total (Civil Code 1793.22(b)).
  • Keep making loan or lease payments during a claim. Missed payments can hurt your credit and lead to repossession.

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FAQ

Do days waiting for parts count toward the 30 days?

Days the vehicle is at service for a warranty repair, including time waiting for parts, can count. How each day is counted can be disputed, so keep messages that show why the vehicle was waiting.

Does a mobile service visit count as a repair attempt?

It can, when the technician worked on the problem you reported. Save the invoice or summary for every mobile visit.

Can I ask Rivian for a rental while my vehicle is at service?

You can ask, and you should save every rental or rideshare receipt. Reasonable rental costs can be part of incidental damages in a buyback.

Is my Rivian covered if I bought it used?

A used vehicle sold with only the rest of the factory warranty is generally not a new motor vehicle under the lemon law after Rodriguez v. FCA US LLC (2024), but other warranty claims may apply, so get a review.

Sources and Official References

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.

About the Reviewer

This guide was reviewed by Jacob Shayesteh, Esq. (State Bar of California No. 362320), founding attorney of Wynn Law Group, APC (America's Lemon Lawyer), a Los Angeles firm that represents California drivers in lemon law cases. Last reviewed October 19, 2026.

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