You bought a new car.
Then it broke.
You took it to the dealership.
And now it’s been there for days.
Then weeks.
Maybe the dealership is waiting for a part.
Maybe the manufacturer is trying to figure out the problem.
Maybe they repaired it once, but the problem returned.
Meanwhile, you’re making payments on a vehicle sitting in a repair bay.
If this is happening to you, start counting the days.
Keep Track of Every Day the Vehicle Is Out of Service
One of the most important things you can do is create a calendar.
Write down:
- Date the vehicle went to the dealership.
- Whether you were given a loaner.
- Whether the vehicle was waiting for parts.
- Whether the dealer was diagnosing the problem.
- Whether additional repairs were performed.
- Whether the vehicle was returned and then immediately brought back.
Don’t rely on the dealership’s estimate of how long the vehicle was “in for repairs.”
Keep your own records.
Nevada Uses a 30-Day Benchmark
Nevada Lemon Law contains a presumption that a reasonable number of repair attempts have occurred when a vehicle has been out of service for repairs for a cumulative total of 30 or more calendar days during the applicable period.
Notice the word calendar.
You aren’t simply counting business days.
And the days don’t necessarily have to be consecutive.
The statute also provides for an extension of the number of days in certain circumstances when necessary repairs cannot be made for reasons beyond the control of the manufacturer or its agent or authorized dealer.
That exception can become important in cases involving parts delays and other circumstances.
What If the Dealer Says the Parts Are Backordered?
A parts delay can complicate a Lemon Law case.
The manufacturer may argue:
“We couldn’t repair the vehicle because the necessary part wasn’t available.”
Whether that explanation changes the legal analysis depends on the specific circumstances.
You should document:
- When the part was ordered.
- When the dealer requested it.
- What the dealer told you about availability.
- Whether the manufacturer was contacted.
- How long you waited.
- Whether the vehicle was drivable during the wait.
Don’t simply accept a verbal explanation and forget about it.
What If I’ve Only Accumulated 20 Days?
Don’t assume you need to wait for day 30.
The 30-day provision is an important statutory presumption.
But Nevada’s Lemon Law also focuses on whether a reasonable number of repair attempts have occurred and whether the defect substantially impairs the vehicle’s use and value.
If you’ve already experienced serious problems and extensive downtime, you may want to have the situation evaluated before the next repair visit.
The Same Problem Doesn’t Have to Be the Only Problem
A vehicle can develop multiple warranty problems.
If you are tracking days out of service, don’t assume you only count days associated with one particular defect.
The 30-day presumption addresses the vehicle being out of service for warranty repairs.
That’s why maintaining a complete repair history is so important.
What If the Dealer Gives Me a Loaner?
A loaner vehicle may make your life easier.
But don’t assume that receiving a loaner means the days your own vehicle is unavailable don’t matter.
Keep track of the dates your vehicle was unavailable and the dates it was returned.
Could This Be a Lemon?
Nevada’s statute provides protections for qualifying new motor vehicles that cannot be brought into conformity with their express warranties after a reasonable number of attempts.
Don’t Forget the Deadline
Nevada provides an 18-month deadline for commencing an action under its Lemon Law provisions, measured from delivery of the new vehicle to the original purchaser.
That makes timing important.
If your vehicle is approaching the end of its first year, know your Nevada lemon law rights are lost after 18 months from the original delivery of your new vehicle.
You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.
If your situation qualifies for a Lemon Law or warranty claim, you may be able to hire an attorney without paying the attorney’s fee out of your own pocket.
You don’t pay us. The manufacturer pays our legal fees.
Fee recovery depends on the applicable claims and circumstances, but don’t reject the idea of talking to a lawyer because you assume you can’t afford one.
Take the Quiz
If your new vehicle has spent weeks in the shop:
TAKE THE 30-SECOND NEVADA NEW CAR PROBLEM QUIZ
It may be time to find out whether your repair history is more than just bad luck.
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