Before you file complaint applicable to lemon law, you need to give dealer some time for repair.
How many chances does the dealer get to fix the vehicle?
Determining how many chances a dealer has to fix a defect is easy. Simply see if you pass either the four-times test, the serious-safety-hazard test or the 30-days test.
The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage requirements generally do not apply to TRVs.
Four-times test
If you have taken the vehicle to a dealership for repairs:
* two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
* twice more during the 12 months or 12,000 miles after the second repair attempt, and
* the problem is still not repaired
you pass the four-times test.
Serious-safety-hazard test
If you have taken the vehicle for repair of a serious safety hazard:
* once during the first 12 months or 12,000 miles, whichever comes first, and
* once more during the 12 months or 12,000 miles following the first repair attempt, and
* the problem is still not repaired
you pass the serious-safety-hazard test.
30-days test
If your vehicle has been out of service for repair because of problems covered by the warranty:
* for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
* there were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
* a substantial problem still exists
you pass the 30-days test.
If a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days.
How many chances does the dealer get to fix the vehicle?
Determining how many chances a dealer has to fix a defect is easy. Simply see if you pass either the four-times test, the serious-safety-hazard test or the 30-days test.
The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage requirements generally do not apply to TRVs.
Four-times test
If you have taken the vehicle to a dealership for repairs:
* two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
* twice more during the 12 months or 12,000 miles after the second repair attempt, and
* the problem is still not repaired
you pass the four-times test.
Serious-safety-hazard test
If you have taken the vehicle for repair of a serious safety hazard:
* once during the first 12 months or 12,000 miles, whichever comes first, and
* once more during the 12 months or 12,000 miles following the first repair attempt, and
* the problem is still not repaired
you pass the serious-safety-hazard test.
30-days test
If your vehicle has been out of service for repair because of problems covered by the warranty:
* for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
* there were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
* a substantial problem still exists
you pass the 30-days test.
If a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days.
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