What Should I Say When I Call the Manufacturer About My Car?
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Home › Lemon Law Questions › What Should I Say When I Call the Manufacturer About My Car?
Published October 19, 2026 · Updated October 19, 2026 · California lemon law
The Short Answer
Keep it short, factual and in writing afterward. Give your name, VIN and mileage, describe the defect in plain words, list the dealer repair visits by date, and say the problem has not been fixed. If you want a buyback, say so clearly. Ask for a case number and the representative's name. Do not guess about the cause, downplay the problem, or accept an offer on the call. If you already have a lemon law attorney, tell the manufacturer to contact your attorney instead.
What to Have in Front of You
- VIN and current mileage
- Dates and mileage of each repair visit for the problem
- Repair order numbers, if you have them
- A one or two sentence description of the defect
- Any earlier case number from the manufacturer
- A pen and paper or notes app for a call log
Why the Call Matters
Calling the manufacturer can feel like a formality, but what you say is often written into the manufacturer's case notes. Those notes can show up later if there is a dispute. A calm, factual call helps you. A rushed or vague one can create confusion.
The call also puts the manufacturer on notice. Under Civil Code 1793.2(d)(2), the manufacturer must replace or repurchase a vehicle if it or its dealers cannot fix a covered defect after a reasonable number of attempts. Letting the manufacturer know directly that repairs have failed is a natural step.
Direct notice can matter for the presumption as well. Under Civil Code 1793.22(b), for a serious safety defect repaired twice or the same defect repaired four or more times, the buyer must have directly notified the manufacturer if the owner's manual clearly requires it. Check your manual for that language. It may call for written notice, not just a phone call.
If you have not talked to an attorney yet, consider doing that before you call. A short review can help you decide what to ask for and whether a formal written notice is needed.
Think of each call as building a record rather than winning an argument. The representative usually cannot approve a buyback on the spot, so the goal is clear notes and a case number, not a final answer.
A Simple Script You Can Use
Having a script keeps you on track when you are frustrated. It does not need to be fancy. The goal is to give the facts in order and make a clear request.
You might say something like this: "My name is ___. I am calling about my vehicle, VIN ___, with ___ miles. Since ___, it has had a problem with ___. The dealer has worked on it ___ times, on these dates: ___. The problem is still happening. I am asking for a repurchase under California's lemon law. Can you give me a case number?"
Then stop and listen. The representative may ask questions about the problem or the visits. Answer honestly and briefly. If you do not know an answer, say you will check and follow up.
Practice the script once out loud before you dial. It sounds simple, but saying it once makes it easier to stay calm and on point if the call gets transferred or put on hold. Keep your repair orders spread out in front of you so you can read dates instead of guessing.
If you get transferred, repeat the key facts to the new person and ask whether the case number stays the same. Write down each name you speak with.
- Who you are and the VIN
- Current mileage
- The defect, in plain words
- Repair visit dates
- That the problem is not fixed
- What you are asking for
What Not to Say
Do not guess about the cause. You might say "I think it is the battery" when it is really a software problem. You do not need to diagnose the car. Oregel v. American Isuzu Motors (2001) held that the buyer does not have to prove the exact technical cause of the defect. Describe what happens, not why.
Do not downplay the problem to be polite. Saying "it is not that bad" or "it only happens sometimes" can end up in the notes as a minor issue. If the problem affects safety, like stalling, brake warnings or sudden loss of power, say so plainly.
Do not exaggerate either. Stick to what you actually experienced. Accurate details are more convincing than dramatic ones, and they hold up better later.
Avoid getting into heated arguments. If the call is going nowhere, ask for the case number, end the call politely, and follow up in writing.
Do not agree to statements you are not sure about. If the representative says, "So the problem was fixed at the last visit?" and it was not, say so. A quick "yes" to keep the call moving can end up in the notes as your own words.
Be truthful about anything the representative asks, including accidents or aftermarket parts. Honest answers do not end a claim, and correcting a misstatement later is much harder than giving an accurate answer the first time.
Handling Offers on the Phone
Manufacturers sometimes make offers on the first or second call. Common ones include another repair attempt, an extended warranty, a cash payment to keep the car, or a trade-assist credit toward another vehicle from the brand.
Do not accept on the spot. Ask for the offer in writing and say you will review it. A fair offer should still be there after a few days. If the representative says it is only available right now, that is a reason to slow down.
Watch for a release in the paperwork, which is a document where you give up claims. Once signed, a release can be very hard to undo, even if the problem comes back.
Remember that you get to choose. The law lets the buyer choose restitution, meaning a buyback, instead of a replacement vehicle. Under Civil Code 1793.2(d)(2)(B), restitution includes the price paid or payable, collateral charges like tax and registration, and incidental damages, minus a mileage offset. A small cash offer may not reflect that.
If you are unsure whether an offer is fair, a lemon law attorney can compare it to what the law provides for your situation. That review is free with our firm.
Example: Two Calls, Two Results in the Notes
This is a made-up example to show the process, not a real case. Ben owned a new sedan in California that kept losing power on the freeway. The dealer had worked on it three times.
On his first call to the manufacturer, Ben was angry and in a hurry. He said the car "acts weird sometimes" and that he thought it was a bad sensor. The representative noted an "intermittent drivability concern" and suggested another dealer visit. Ben did not get a case number.
Before calling again, Ben talked to a lemon law attorney, who suggested a short script. On the second call, Ben gave his VIN and mileage, said the car had suddenly lost power on the freeway three times, listed the three repair dates, and asked for a repurchase. He got a case number and sent a follow-up email the same day.
The second call created a much clearer record. The example shows how the words you use can shape the notes, not a promise about how the manufacturer will respond.
Ben also forwarded the follow-up email to his attorney. From that point on, the attorney handled the rest of the communication with the manufacturer, and Ben did not need to call again.
Keep a Call Log and Follow Up in Writing
After every call, write down the date, time, phone number you called, the representative's name, the case number, and what was said. A simple note on your phone works. This call log can be useful later if there is a disagreement about what was discussed.
Then send a short follow-up email or letter. Summarize the call in a few sentences: the case number, what you reported, what you asked for, and what the representative said would happen next. Keep a copy and proof of when you sent it.
Written follow-ups turn a phone call into a dated record. They also give the manufacturer a chance to correct any misunderstanding, which helps everyone.
Keep making loan or lease payments, keep the car insured, and keep taking it to an authorized dealer if the problem returns. Remember that a local mechanic's work, or your own, is not counted as a repair attempt.
If the manufacturer promised a callback, note the date. If the callback never comes, follow up in writing and mention the missed date. A record of unanswered requests can matter later, and it shows you gave the manufacturer every chance to respond.
When to Let an Attorney Do the Talking
Once you hire a lemon law attorney, you generally do not need to call the manufacturer about the claim yourself. If the manufacturer contacts you, you can politely say you are represented and give your attorney's contact information.
For many claims against manufacturers that opted in to AB 1755, a formal pre-lawsuit written notice under Code of Civil Procedure 871.20 and following is required before suing. That notice has specific requirements, and an attorney can handle it so the timing and content are right.
Having an attorney does not cost you out of pocket. When a buyer wins, Civil Code 1794(d) shifts attorney fees, costs and expenses to the manufacturer. And with our firm, a loss costs you nothing: we never pursue a client for fees.
Warranty claims generally must be filed within four years under Commercial Code 2725, so do not let a long series of customer care calls use up your time.
If you are unsure whether to keep calling or to get help, ask yourself whether the calls are producing anything in writing. If they are not, a free case review is a quick way to learn your options and let someone else carry the conversation.
How to Handle the Call
- Write a short script before you call: who you are, the VIN, the defect, the repair dates, and what you are asking for.
- Call the customer care number from your owner's manual or warranty booklet.
- Stick to facts, ask for a case number, and write down the name, date and time of the call.
- If an offer is made, ask for it in writing and say you will review it.
- Send a short follow-up email or letter summarizing the call.
- Call 877-536-6620 for a free case review before you accept anything.
Key Facts (as of October 2026)
- For the presumption, you must have directly notified the manufacturer if the owner's manual clearly requires it (Civil Code 1793.22(b)).
- The buyer does not have to prove the exact technical cause of the defect (Oregel v. American Isuzu Motors, 2001).
- The buyer is free to choose restitution (a buyback) instead of a replacement (Civil Code 1793.2(d)(2)).
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FAQ
Should I record my call with the manufacturer?
Do not record a call without first telling the representative and getting their agreement, since recording rules can be strict. A detailed written call log is a simple, safe alternative.
Is a phone call enough to notify the manufacturer?
Sometimes not. Check your owner's manual for any written notice requirement, and follow every call with a written summary.
What if the representative says my car is not a lemon?
Customer care staff do not decide your legal rights. Get the case number, ask for their position in writing, and talk to a lemon law attorney.
Can I call the manufacturer after I hire an attorney?
You can, but it is usually better to let your attorney handle communication about the claim so nothing you say is misunderstood.
Sources and Official References
- California Civil Code section 1793.22 (California Legislature)
- California Civil Code section 1793.2 (California Legislature)
- California Code of Civil Procedure section 871.20 (California Legislature)
- California Attorney General, consumer protection
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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