One of the biggest warning signs with a new vehicle is a problem that keeps coming back.
The dealership repairs it.
It goes away.
Then two weeks later, it happens again.
You take it back.
Another repair.
It comes back again.
At some point you may wonder:
“Is this just bad luck, or is something seriously wrong with my car?”
That’s an important question.
A Recurring Problem Is Different From a One-Time Repair
Every vehicle can have a defective part.
A new vehicle may need a repair.
That doesn’t automatically mean the vehicle is a lemon.
The bigger concern is a problem that:
1. Is covered by the manufacturer’s warranty;
2. Continues despite repair attempts; and
3. Significantly affects your ability to use the vehicle or its value to you.
Nevada’s Lemon Law focuses on this type of continuing warranty nonconformity.
Keep a “Problem Log”
If the same problem keeps happening, keep all your invoices and start a simple log.
For every incident, record:
- Date:
- Mileage:
- What happened:
- How long it lasted:
- Where you were:
- Warning lights:
- What you did:
- Did it affect safety?
This doesn’t replace the dealership’s repair records.
It supplements them.
Don’t Let the Dealer Rewrite Your Complaint
Suppose you tell the service adviser:
“The vehicle loses power when I’m accelerating.”
The repair order says:
“Customer states vehicle feels sluggish.”
That’s not necessarily the same thing.
Read your repair order.
If your concern isn’t accurately described, ask whether it can be corrected or supplemented.
You don’t need to be confrontational.
You simply want an accurate record.
What If the Problem Is Intermittent?
Intermittent problems are particularly frustrating.
The car behaves normally when you take it to the dealer.
Then it happens again after you leave.
This is another reason to document the circumstances.
Take a video when the problem happens if it can be done safely.
A written description of when the problem occurs can also help.
When Does Repeated Repair Become a Lemon Law Issue?
This is where the term Lemon Law becomes important.
Nevada provides a presumption of a reasonable number of repair attempts if the same nonconformity has been repaired four or more times during the applicable period and the problem continues.
There is also a 30-calendar-day out-of-service presumption.
But those aren’t magic numbers.
Four repair attempts or 30 cumulative days are important benchmarks under Nevada law—but they aren’t necessarily the only circumstances in which you may have a claim.
Why Does the Number of Repairs Matter?
Repeated unsuccessful repair attempts can demonstrate that the manufacturer has had substantial opportunity to fix the defect but has been unable to do so.
What If the Dealer Says It Is a Different Problem Each Time?
This can become an important factual issue.
A manufacturer may argue that each repair visit involved a different defect.
Sometimes that’s true.
Sometimes apparently different symptoms may relate to the same underlying problem.
The complete repair history needs to be examined.
That’s why it’s useful to preserve all of the repair orders rather than only the most recent one.
What If I Haven’t Reached Four Repairs?
You don’t necessarily need to wait.
If the defect is serious, continuing, and substantially affects your vehicle, you may want to speak with a lawyer.
Nevada’s statutory standard is based on a reasonable number of attempts, with four repairs and 30 days providing important presumptions.
What About Magnuson-Moss?
If your vehicle is still covered by the manufacturer’s original warranty, Magnuson-Moss may provide another potential warranty claim.
The federal statute provides a potential remedy for consumers who successfully establish warranty violations.
You Don’t Pay Us. The Manufacturer Pays Our Legal Fees.
If you’re dealing with repeated warranty repairs, don’t assume that talking to an attorney means paying thousands of dollars upfront.
You don’t pay us. The manufacturer pays our legal fees in qualifying cases where the applicable law allows recovery.
Take the Quiz
If your new car keeps having the same problem:
TAKE THE 30-SECOND NEVADA NEW CAR PROBLEM QUIZ
It may be time to find out whether you’re dealing with an unreliable vehicle—or a legal problem the manufacturer needs to address.
This site is for informational use only, does not provide legal advice, and does not create an attorney-client relationship through browsing or form submissions.