Dealing with a vehicle recall can be a difficult task, but it is important to understand if you are stuck driving a “lemon” or not. Standard recalls are free services but can escalate if the repairs fail to solve the issue. When service visits lead nowhere, parts take months to arrive, or your vehicle sits indefinitely in the shop, a routine recall can quickly evolve into a lemon law claim. Understanding the difference between a simple fix and a persistent defect is important to protecting your safety, your wallet, your legal rights, and your case.

Vehicle Recall

A vehicle recall occurs when the manufacturer detects a defect that affects the vehicle’s safety performance or simply does not meet the vehicle standard. The manufacturer fixes the problem with no additional costs to the owners. Some issues in vehicles that can call for a recall include but are not limited to:

• Failures in the brake system
• Fire risks or safety hazards
• Defective airbags
• Issues with the engine or electrical system

How a Recall Could Make a Car a Lemon

Recalling does not guarantee that a car will become a “lemon”, but it does provide evidence that the vehicle has a notable flaw. A recall becomes important whenever a vehicle has one of these problems: 

• The vehicle is not fixed after a repair  
• After multiple attempts at repair, the issue is still persistent and recurring 
• The vehicle is unsafe to drive
• The vehicle spends a lot of time in the shop or has been in the shop multiple times

Then the recall event can be noted as indicating a serious defect, likely strengthening the case for a “lemon”.

When a Recall is Not an Issue

Usually, a car does not qualify for a “lemon” if there is no “substantial impairment”; after the repair, your vehicle experience has not been compromised. Most notable examples of this include:

• On the first try, the dealer fixes the issue or defect, and the problem has not come back since
• Recall was due to a minor software update or an issue that does not change the vehicle experience

Steps to Take When a Vehicle is Recalled

Documentation is an important step in having a recalled car turn into a “lemon”. The following steps should be considered when a vehicle is recalled are:

• Schedule a repair as soon as possible
• Find out everything regarding your registered recall tied to your vehicle using NHTSA’s recall checker by putting in your VIN
• Note all repair invoices and recall notices
• Keep every repair order from every recall service visit. Log the date, mileage, diagnosis, and attempted repairs for every visit. This creates a clear paper trail providing the issue is recurring and unresolved.
• Document any issues, recurring or not, after each repair
• Note how long the vehicle has been out of service
• Note any information that you were told, as they are facts that can support your case

Recall Repair Taking Time

When a recall repair takes too long, it can be a claim. This is especially true if it is in the shop for weeks or months, or it is deemed unsafe for driving whilst waiting for parts. Depending on your situation, a car can qualify as a “lemon” if it has a 30-day out-of-service threshold; document the time the vehicle took to be repaired by adding up the time your vehicle was held for any visits and all recall repairs. Doing this may qualify you for a buyback without having to rely on the number of visits.

The Vehicle is Qualified as a Lemon

A recalled car can officially be considered a lemon when the following occurs:

• If the defect is substantial enough to affect the vehicle’s use or value.
• Has safety-related defects, which can strengthen a claim
• After recall, the manufacturer cannot fix the problem, the issue has continued, or it returns
• Multiple, at least 3-4, repair attempts with no success
• Excessive downtime: the vehicle has been out of service for 30+ days

An important thing to note is that there is no set number of recalls that automatically qualifies a car as a “lemon”; the thing that matters the most is if the defect or problem is ongoing, serious, and has not been resolved.

The Importance of Seeking Legal Guidance

There is a lot of information and rules that go into considering a vehicle to be a “lemon”. Seeking guidance from experienced lemon law attorneys allows the process of understanding your vehicle’s status and possible worth to go smoothly and with no confusion. Attorneys may help by ensuring your case is as strong as possible while protecting your legal rights.

How KAASS Law Can Help

Our legal team specializes in lemon law claims. We are able to review your case and determine whether the recall-related defect qualifies for a buyback, replacement, or compensation. The manufacturer may also be required to pay the consumer’s attorney fees in certain successful cases. If you need assistance figuring out if your vehicle is a “lemon”, we are here to help. KAASS LAW provides a confidential consultation to discuss your options. Contact us online or call our team today at (310) 943-7752.