You have reported the problems.
You’ve taken the vehicle to the dealership.
You’ve provided the repair records.
You’ve explained what happened.
Then the manufacturer says:
“We are denying your claim.”
That can feel like the end of the road.
It usually isn’t.
A manufacturer’s denial is the manufacturer’s position. It is not necessarily a judicial
determination that you do not have a claim.
Why might a manufacturer deny a Lemon Law claim?
There are many possible arguments.
A manufacturer might contend:
- the vehicle is operating normally;
- the problem was repaired;
- the condition cannot be reproduced;
- the defect does not substantially impair use or value;
- there have not been enough repair attempts;
- the problems are unrelated;
- the vehicle was abused or modified;
- the warranty does not cover the problem;
- the required notice was not provided;
- the claim was not submitted through the required dispute process; or
- the consumer’s claim is untimely.
Some of these arguments may be legitimate.
Some may be disputed.
The important thing is to identify exactly what the manufacturer is saying.
Read the denial carefully
Don’t stop at:
“Your claim has been denied.”
Look for the reason.
If the manufacturer says there have been only three repair attempts, compare that statement with your repair orders.
If it says the vehicle has been out of service for only 12 days, calculate the actual days.
If it says the problem was repaired, look at what happened afterward.
The denial should be tested against the evidence.
Build the case from the documents
Suppose the manufacturer says:
“The same condition was repaired successfully.”
Your records show:
Repair #1: Transmission software update.
Repair #2: Same transmission complaint.
Repair #3: Transmission component replaced.
Repair #4: Same complaint returns.
Repair #5: Additional transmission diagnosis.
That creates a factual question.
Was the problem actually fixed?
The repair orders may help answer it.
What if the manufacturer says you haven’t reached four repairs?
Remember that four repairs are an important statutory presumption—not necessarily a rule that no claim can exist before exactly four repair attempts.
Nevada’s statute addresses whether a manufacturer has had a reasonable number of attempts to conform the vehicle to its express warranty.
The four-repair and 30-day provisions establish important presumptions under specified
circumstances.
That distinction can matter when evaluating a denial.
What if the manufacturer says the problems are unrelated?
This can become important when a vehicle has multiple defects.
The manufacturer may argue:
“The consumer has never had the same defect repaired four times.”
The response depends on the actual facts.
Were there really unrelated problems?
Or was the consumer repeatedly reporting the same underlying condition under different
descriptions?
Did the vehicle spend substantial time out of service?
Did the problems collectively affect the vehicle’s use and value?
The repair records need to be examined closely.
What if the manufacturer says you modified the vehicle?
Nevada’s Lemon Law specifically addresses vehicles where the defect or condition results from abuse, neglect, or unauthorized modifications or alterations.
This means modifications can become an important issue.
If you’ve installed aftermarket wheels, suspension components, performance modifications,
electrical equipment or other accessories, be prepared to explain whether they have anything to do with the defect.
Don’t automatically assume a modification defeats the claim.
But don’t ignore the issue either.
What if the manufacturer wants arbitration?
If the manufacturer has a qualifying informal dispute-resolution procedure, Nevada law may require you to submit the replacement or refund claim through that procedure before bringing an action under the Nevada Lemon Law.
That process should be taken seriously.
Prepare your documents.
Present a clear chronology.
State the remedy you want.
Respond to the manufacturer’s arguments with evidence.
What if arbitration doesn’t resolve the problem?
The next step depends on the specific dispute-resolution procedure, the decision, the claims being pursued, and applicable law.
A lawyer can evaluate what options remain.
This is also where federal warranty law can become important.
Magnuson-Moss may provide additional remedies in appropriate circumstances, including
potential recovery of reasonable attorney fees for a consumer who ultimately prevails.
Watch the deadlines
This is one of the most important points.
Nevada law provides that an action under the state’s Lemon Law provisions must be
commenced within 18 months after the original delivery of the vehicle.
Other notice and warranty requirements can also matter.
Do not assume that because you are negotiating with the manufacturer, all deadlines have stopped running.
Don’t destroy your evidence
After receiving a denial, consumers sometimes get frustrated and stop keeping records.
Do the opposite.
Preserve:
- repair orders;
- emails;
- texts;
- photographs;
- videos;
- diagnostic reports;
- towing records;
- rental records;
- purchase documents;
- warranty documents;
- manufacturer letters;
- arbitration documents; and
- settlement offers.
The denial itself should also be saved.
A denial can actually tell you how to respond
A strong response often addresses the manufacturer’s arguments one by one.
For example:
Manufacturer: “Only two repairs.”
Response: “The repair records show four visits for the same condition.”
Manufacturer: “Vehicle was out of service 12 days.”
Response: “Attached are repair orders documenting 34 cumulative days.”
Manufacturer: “Problem repaired.”
Response: “The same complaint appears on the subsequent repair order.”
That is much more persuasive than simply saying:
“You’re wrong.”
Should you give up after a denial?
Not necessarily.
A denial means the manufacturer is disputing the claim.
It does not automatically mean the claim lacks merit.
At this stage, the most important thing is to understand why the manufacturer denied the claim and whether the evidence supports that position.
If the manufacturer has rejected your claim, this may be the point when talking to a lawyer may make sense.
Take the 30-Second Nevada New Car Problem Quiz
If your new car has been in the shop repeatedly, you don’t have to figure out whether it might be a lemon by yourself.
Take our 30-second Nevada New Car Problem Quiz.
We’ll ask about your vehicle, warranty, repair history and time out of service.
Precision Injury Law represents Nevada consumers with qualifying vehicle warranty and Lemon Law problems.
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