What To Do When a Dealership Has Had My Car for 3 Months?

When you take your vehicle to the dealership for warranty repairs, you expect that the service will be performed in a timely manner and that the car will return fixed. However, that’s not the experience many drivers receive from the repair shop. In fact, it’s not uncommon for the service department to hold the car for an extended amount of time, even up to three months, while they attempt to fix the vehicle.

These delays can be overwhelming to the driver who is continuing keeping up with the payments while wondering what’s going on with their car. Paying for a car that can’t be driven is beyond frustrating, but there is hope. Under California lemon law, the dealership cannot hold your vehicle for as long as three months. At this point, you have a lemon law case on your hand, and it’s time to get representation.

The Lemon Pros know how to work with both the manufacturer and the service manager to get your car back. We’ve been helping Californian clients who continue to tell us the dealership has had their car for a month or more, so you aren’t alone in this struggle. Contact us today and let us fight for your rights under the consumer protection laws.

In this guide, we discuss how lemon law protects you from being without your car for an extended period. We also show you how to receive compensation for your lemon vehicle or get a new car.

Why Dealerships Hold Your Car for So Long

For warranty claims, it’s required that drivers take the vehicle to an authorized repair shop. In most cases, these repair facilities are dealerships, which are notorious for taking too long to get through the repair process. Here are the most common reasons the dealership is taking so long to repair your car:

• Shortage of parts: Supply chain issues can lead to delays in getting parts. This happens most frequently during a safety recall when the manufacturer is responsible for fixing hundreds of thousands of cars at the same time.
• Complex repairs: Some repairs naturally take longer as they are more complex. For example, an overhaul of a car engine is going to take longer than a brake pad change.
• Work backlog: Dealerships can quickly become overwhelmed with too many service appointments, leading to a delay in repairs. With a massive mechanic shortage currently happening as older technicians retire, many dealerships are short-staffed and struggling to complete the work provided in a day.
• Poor communication: Poor dealership management or miscommunication is another reason why repairs can take so long. If the dealership’s service department is running efficiently, jobs can quickly fall through the cracks.

Thankfully, none of these reasons are a valid excuse for the dealership to keep your car for longer than a month. Under California lemon law, you can file a claim when repair shops drag their feet.

How Long Can a Dealership Hold Your Car for Repair in California?

In total, the dealership can hold your car for up to thirty days for a single repair. However, this repair can span several repair attempts. You may take your vehicle in for repair only to find out that the problem still exists, requiring another visit. The thirty days is cumulative, so it counts across all of the repair attempts.

Let’s look at an example of this scenario:

1. Your vehicle is the subject of a safety recall and you take it to the dealership for a covered repair. The dealership claims to have repaired your car under the vehicle’s warranty after five days in the shop.
2. After a week of driving, you realize that the problem hasn’t been repaired. You take the car back to the dealership, but this time, it is there for 14 days.
3. One month later, the issue returns. Once again, the car is in the repair shop. Twelve days later, you receive the vehicle back.

Considering the car has already been in the shop for 31 days, the dealership should not be able to hold the car any longer for future repairs. Based on the state’s lemon law, if that issue isn’t repaired by now, it creates grounds to file a claim. Not only could you file with small claims court, but you could also report the dealership and manufacturer to various consumer protection agencies, such as the Better Business Bureau (BBB) and the state attorney general.

What Rights Do You Have as a Customer?

When you buy a new car, you are protected from defects with the manufacturer’s warranty. The warranty period typically lasts three to six years, depending on the manufacturer. During this time, you shouldn’t have to pay for any repairs for mechanical failure, aside from normal wear and tear, maintenance items or failures occurring from any modifications. Used cars can also come with a warranty, either through the manufacturer with a certified pre-owned car or as an extended warranty plan. These plans tend to vary depending on where you buy the car and how old it is.

While your vehicle is in the repair shop, you may be offered a loaner car. Not all dealerships provide a loaner vehicle and it may not be required per your warranty. If you need alternative transportation while you are without the car, you may need to pay for it yourself.

Sadly, the dealership isn’t going to offer you any compensation for delays either. If you want to get any reimbursement and the consumer protection you deserve, you will need to research the state’s lemon laws and file a claim.

What To Do When a Dealership Has Had My Car for 3 Months?

If you are struggling to get your car back from the dealership, you need to call them and put the pressure on. Ask for an ETA on the repairs and request a loaner vehicle if you don’t already have one. For the remaining time that the dealership has your car, it’s your job to stay in constant contact. You don’t want to be a nuisance, but it’s okay to be informed.

Start documenting everything that’s happening. Keep a record of everyone you’ve spoken with, the dates of communication, and the outcome. Make sure you keep a copy of every repair order as well. This information is going to be critical if you have to file a lemon law claim.

If you haven’t got anywhere with the service advisor, it’s time to escalate the case to someone higher. Ask to speak to the service manager or general manager. If that gets you nowhere, start making calls to the manufacturer directly.

In the midst of these prolonged repairs, it’s best to hire a legal professional who understands your rights. The Lemon Pros are ready to provide consumer protection for you against the dealership. We’ve helped thousands of other clients when the dealership holds the car for more than a few weeks and we can fight for you too. Contact us for a free consultation today.

Depending on your situation, there may be reasons to sue a car dealership or file a lemon law claim. If the dealer can’t get your car fixed in a reasonable number of attempts and the vehicle meets the qualifications, you want to start a claim as quickly as possible. Get expert advice from an attorney about the specific laws regarding your case and move forward with filing.

How Lemon Law Can Help When the Dealership Has Your Car for Too Long?

California’s lemon law protects consumers when dealers keep their vehicles for too long while performing warranty repairs. If a warrantied defect cannot be repaired in a reasonable time, the car needs to be bought back or exchanged for a new one.

Do You Have a Lemon Vehicle?

To know if you have a lemon, there are certain criteria the car must meet to be considered one:

• Personal use: The vehicle must be a personal use car (although there are some stipulations for fleets). Coverage exists for cars, trucks, SUVs, recreational vehicles, motorcycles and ATVs, no matter if they are purchased or leased.
• Substantial defect: There must be a substantial defect still covered by the warranty. This defect can affect the safety, value or use of the vehicle.
• Reasonable number of repair attempts: For major safety concerns, there must be a minimum of two repair attempts. Otherwise, four unsuccessful attempts are required. Either way, the car shouldn’t be in the shop for more than thirty days in total.
• Time frame: With new cars, the defect must first be noticed and reported within 18,000 miles or 18 months, whichever comes first. Used cars have a much shorter timeline based on the warranty coverage.

The Role of a Lemon Law Attorney

A qualified lawyer is going to take the confusion out of the claim. Not only can an attorney reduce stress and reduce the time you are without your vehicle, but they can help you get compensated for the frustration.

If you don’t want to deal with the dealership or the manufacturer, a lemon law attorney can do it for you. They will talk with the repair shop to find out what the problem is and put pressure on them to fix the issue.

By understanding all of the local laws and regulations, an attorney can get compensation for the defective vehicle. Whether you want cash back for the unrepaired defect or you want a new car, a lawyer can start the process.

Even during the claim, the lawyer is going to handle all of the negotiations for you, ensuring you receive the best outcome. There’s no reason to try and fight on your own when a lawyer can resolve it quickly and efficiently.

How Long Does the Lemon Law Process Take in California?

Expect the lemon law process to take a few weeks to months, depending on several factors. If you and the manufacturer can make a written agreement to replace the car, you won’t have to go to court. However, if mediation and arbitration don’t work, litigation is the next step, and that can take some time. An expert attorney will be able to give you an estimated time based on your individual circumstances.

Tips for Preventing Future Car Dealership Delays: What You Can Do

If your car is under warranty, there’s little you can do about needing to take it to a dealership for repair. However, you can choose which dealership to visit. If you live in a populated area, there are probably several dealerships within a reasonable drive from you. Do your research and choose the location that receives an overall good review from customers.

When you drop your vehicle off for repairs, ask the mechanic or service advisor for an estimate on the timeframe. While there will be a lot of factors involved, they should be able to provide an estimate that you can fall back on later. It’s also good to check on part availability before leaving your car with the dealership. If the part isn’t there, you may want to reschedule for after it arrives.

Remember to get everything in writing. Ask for a work order that specifies the timeline, services and any potential costs. This documentation may be needed later to file a claim.

Finally, keep following up with the dealership. Don’t call multiple times a day, but stay on top of the team to ensure everything is moving smoothly. You may want to check in every few days until the repair is complete, just so they know you are involved.

Need Expert Advice for Lemon Law Claims?

It’s essential that you understand your rights as a consumer and maintain communication while your vehicle is in the shop. The dealership doesn't have the right to hold your vehicle longer than thirty days for a warranty repair. Once they do, you may be able to file a lemon law claim. When it’s time to take action, don’t move forward alone.

The Lemon Pros have the experience you are looking for. As experts in lemon law regulations, we are equipped to handle the most complicated cases. Customers regularly hail the team as the best lemon law attorneys in California, and it won’t take long for you to see why. Contact us today for a free consultation.