What Should I Do Right Now if I Think My New Car Is a Lemon?

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

The Short Answer

What You Will Need

• Your purchase or lease contract
• Every repair order, including no problem found visits
• Receipts for towing, rentals, rides or out-of-pocket repairs
• Texts, emails and case numbers from the dealer or manufacturer
• Photos or videos of the defect happening
• Your loan or lease account information
• The owner's manual and warranty booklet

First, Make Sure You Are Safe

If your car has a problem that affects braking, steering, acceleration, airbags or visibility, your safety comes first. If you believe the car is unsafe to drive, park it and tell the dealer in writing. Ask whether the manufacturer will tow it in or provide a rental or loaner while it is repaired.

A safety defect can also matter legally. Under the Tanner Act presumption in Civil Code 1793.22(b), a defect likely to cause death or serious injury that was repaired two or more times within 18 months or 18,000 miles can create a presumption that the manufacturer had a reasonable number of attempts. Fewer visits may be needed than for other problems.

You can report a safety problem to NHTSA online and check your VIN for open recalls. A recall is a manufacturer's safety repair program. Recall repairs can count as repair attempts when they address your problem.

If you are stranded, call the roadside assistance number in your owner's manual. Many new car warranties include towing to the nearest authorized dealer. Keep the tow receipt or the roadside case number, because it shows the date and the problem that left you stranded.

Gather Your Paperwork Today

A lemon law case is built on documents. The good news is that most of them are papers you already have or can get quickly. Start a folder, either paper or digital, and put everything in it.

If you are missing repair orders, ask the dealer's service department for copies. Dealers can print a service history by VIN. Ask for the full repair orders, not only a summary list, because the details about your complaint and the technician's work matter.

Do not alter any document. If something on a repair order is wrong, write a short note to the service manager explaining the error and keep a copy of your note with the order.

Then write your timeline. For each visit, list the date you dropped off the car, the date you picked it up, the mileage, what you reported, and what the dealer said or did. One page is enough. This simple list is often the first thing an attorney asks for, and it helps you see the pattern yourself.

• Purchase or lease contract and any add-on agreements
• All repair orders from authorized dealers
• Warranty booklet and owner's manual
• Receipts for towing, rentals and rides
• Messages and case numbers with the dealer and manufacturer

Things Not to Do Right Now

When you are frustrated with a car, it is natural to want to get rid of it quickly. Some of the fastest options can hurt you. Pause before you take any of these steps.

Do not stop making your loan or lease payments. Missed payments can hurt your credit and lead to repossession, and they can complicate a buyback. Do not cancel your insurance. And do not post detailed accusations online about the manufacturer or dealer while a claim is being considered; stick to the facts if you post anything.

Also avoid making promises to the dealer or manufacturer about what you will accept. If a customer care representative asks what you want, you can say you want the car fixed and that you are getting advice. Anything more can wait until you have talked to an attorney.

It also helps to stay off dealer forms you have not read. Some service paperwork includes language about accepting the repair or the condition of the car. Read before you sign, and ask for a copy of anything you do sign.

• Do not trade in or sell the car without advice
• Do not sign a release or goodwill agreement
• Do not pay an independent shop for a warranty repair
• Do not stop your loan or lease payments
• Do not agree to an open-ended repair delay

Keep Using the Authorized Dealer

Until your claim is resolved, keep bringing the car to an authorized dealer for your brand whenever the problem happens. Each visit adds to your record and gives the manufacturer another chance to fix the car, which is what the law requires before a buyback.

Repairs at an independent shop, or done yourself, do not count as repair attempts. They can also give the manufacturer an argument that someone else caused the problem. Use an authorized dealer for anything the warranty covers, even if it is less convenient.

Each time, describe the problem the same way and make sure it is on the repair order. If the dealer cannot find it, the visit can still count; under Oregel v. American Isuzu Motors (2001), you do not have to prove the exact technical cause. A software update done to fix your problem can also count as a repair attempt.

If you must miss a dealer appointment, reschedule in writing rather than just not showing up. A missed appointment with no explanation can be described later as you not giving the dealer a chance to fix the car.

Keep a copy of every appointment confirmation as well, since it shows when you asked for help.

Example: The First Week After Deciding to Act

This is a made-up example. Sam leased a new electric crossover. Over ten months, the car lost charging ability four times, and the dealer replaced the onboard charger once and performed two software updates. After the fourth visit, Sam decided the car was probably a lemon but was not sure what to do first.

On day one, Sam called the dealer and asked for copies of all four repair orders. On day two, Sam wrote a one-page timeline and found the lease contract. On day three, Sam called the manufacturer's customer care line, reported the problem, and wrote down the case number. Sam kept making lease payments and kept driving the car, since it was still safe to use.

On day four, Sam sent everything to a lemon law firm for a free review. The attorney explained that the software updates likely counted as repair attempts and that four repairs of the same defect within 18 months can create a presumption. The firm sent a demand. This example shows the process only.

Notice that Sam spent less than a week getting organized and did not have to stop driving the car or pay anything. Most of the work was simply asking for copies and writing things down. That is something anyone can do.

Contacting the Manufacturer Directly

The dealer is the manufacturer's repair shop, but it is not the manufacturer. Calling the manufacturer's customer care line is a separate step that many owners skip. The phone number is usually in the owner's manual, the warranty booklet, or on the manufacturer's website.

When you call, keep it simple. Give your VIN, describe the problem, list the dates the car has been in for repair, and say the problem is not fixed. Ask for a case number and write it down along with the date and the name of the person you spoke with. You do not need to demand a buyback on that call.

This call can matter legally. For two of the Tanner Act tests in Civil Code 1793.22(b), the buyer must have directly notified the manufacturer if the owner's manual clearly requires it. Check your manual for a section on notifying the manufacturer, and follow any instructions there, such as sending a letter to a specific address.

If the manufacturer offers a goodwill repair, an extended warranty, or a small payment, you can take notes and say you will think about it. Do not sign anything that releases your claims until an attorney has read it.

Bring your questions to the review as well. Ask how the mileage offset would work for your car, whether the 2025 changes apply to your brand, and what you should do if the problem happens again while the claim is open.

How a Free Case Review Works

A case review is a conversation with a lemon law attorney about your car and your paperwork. With our firm, you speak directly with an attorney. The attorney will ask when you got the car, what the problem is, how many times it has been in the shop, and how long it sat there. Then the attorney will read your repair orders and contract.

If your situation looks like a claim, the attorney will explain the next steps, which usually begin with a written demand to the manufacturer under Civil Code 1793.2(d)(2). For manufacturers that opted in to the 2025 changes, there are added pre-lawsuit steps under Code of Civil Procedure 871.20 and the sections after it.

There is no cost to you up front. The manufacturer pays your attorney fees if you win, under Civil Code 1794(d). If our firm loses, you owe nothing, and we never bill clients for fees.

After the review, you will know where you stand. Some drivers learn they have a strong claim right away. Others learn they need one more visit or more documents first. Either way, you leave with a plan instead of guessing.

Your First Steps This Week

1. Collect every repair order and put them in date order in one folder.
2. Write a one-page timeline listing each visit, the symptom, and what the dealer did.
3. If the defect is a safety problem, stop driving the car if it is unsafe and tell the dealer in writing.
4. Check your VIN for recalls and report safety defects to NHTSA.
5. Keep making payments and keep the car insured.
6. Call 877-536-6620 for a free case review and send the attorney your paperwork.

Key Facts (as of October 2026)

• Within 18 months or 18,000 miles, two repairs of a defect likely to cause death or serious injury can create a presumption of a reasonable number of attempts (Civil Code 1793.22(b)).
• A recall repair for the same problem can count as one of your repair attempts.
• Stay current on loan or lease payments during a claim to protect your credit and avoid 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

“Jacob was sharp, responsive, and honest about what to expect. He communicated with Audi directly so my parents didn't have to deal with any of it, and the case moved fast.”

Joshua G. · 2024 Audi Q5 hybrid · 5-star Google review

“Jacob Shayesteh picked up the phone himself, which already blew me away. He knew exactly what was going on with my situation, explained the entire California lemon law process in plain English, and handled absolutely everything on my end.”

Brenda E. · 2024 Jeep Wrangler · 5-star Google review

“He helped me obtain all of my repair records and purchase documents through the vehicle's app within the hour and officially started my California Lemon Law case the same day. The entire process was straightforward and stress-free, and I never had to deal directly with the manufacturer.”

Miki B. · Lemon law client · 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 I need to send the manufacturer a letter myself?

Not usually. An attorney will send the demand and handle any required pre-lawsuit notice.

Can I keep driving the car while I get advice?

Yes, if it is safe. If it is not safe, park it and tell the dealer in writing.

How long does the free review take?

The first conversation is usually short. The attorney may ask you to send documents afterward.

What if I already traded in the car?

You may still have a claim. California courts have held you do not have to still own the car to pursue lemon law remedies (Martinez v. Kia Motors America, 2011).

Sources and Official References

• NHTSA recall lookup
• NHTSA, report a safety problem
• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1794 (California Legislature)

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

Related Guides

• How do I file a California lemon law claim?
• What documents do I need for a lemon law claim?
• What should I say at the dealership?
• How Do I Know if I Have a Lemon Law Case?
• My Car Has Been in the Shop 3 Times. Is It a Lemon?
• 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?
• 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.