One of the most difficult new-car problems is one the technician cannot see.
You bring your vehicle to the dealership because something is wrong.
The technician drives it.
The technician connects diagnostic equipment.
Nothing happens.
Then you hear:
“Unable to duplicate the concern.”
If this has happened to you, don’t assume you are out of options.
Intermittent problems are still problems
A problem does not have to happen every time you drive the vehicle to be significant.
Consider a vehicle that:
- loses power once every few weeks;
- occasionally stalls;
- sometimes refuses to start;
- intermittently displays a brake warning;
- periodically loses charging capability;
- shifts violently only after extended driving; or
- experiences an electrical failure under specific conditions.
The fact that the problem disappears when the vehicle arrives at the dealership can make diagnosis difficult.
But it also makes documentation more important.
Start keeping a problem log
A simple log can be surprisingly useful.
For every occurrence, write down:
Date
Mileage
Location
Driving conditions
Speed
What happened
Warning messages
How long it lasted
Whether the vehicle recovered
Whether you had to stop driving
For example:
August 12 — 4,281 miles. Driving north on I-15 at approximately 65 mph.
Vehicle suddenly lost acceleration for approximately 10 seconds. Check-engine light flashed.
Vehicle returned to normal after slowing down.
That is far more useful than:
“Car lost power again.”
Use video when appropriate
If the problem involves something visible, a video can be extremely useful.
Examples include:
- warning messages;
- dashboard lights;
- infotainment failures;
- unusual noises;
- screen failures;
- repeated error messages;
- charging problems; or
- malfunctioning cameras.
But safety comes first.
Do not hold your phone while driving.
If you are the driver, pull over safely before recording anything. Or have a passenger film the problem.
Ask whether the dealership performed diagnostic testing
If the technician cannot reproduce the problem, ask what testing was performed.
You may receive an explanation such as:
“No codes stored.”
or:
“No fault found.”
Keep that information.
It may become relevant if the problem later occurs and a diagnostic code is finally recorded.
Don’t exaggerate the problem
This may seem obvious, but it is important.
Be accurate.
If the vehicle lost power for five seconds, say five seconds.
If it happened twice, say twice.
If you don’t know what caused it, don’t guess.
Your credibility matters.
The strongest documentation is usually the most factual.
What if the manufacturer says there is no defect?
That may become an important issue in a Lemon Law dispute.
The manufacturer may argue:
- the vehicle is operating normally;
- the condition cannot be duplicated;
- the condition is characteristic of the model;
- no diagnostic codes exist;
- the vehicle was repaired successfully; or
- the consumer’s description is inconsistent with the technician’s findings.
Your repair history and documentation become particularly important in responding to those arguments.
What if the problem finally gets diagnosed?
Keep the repair order.
Suppose the dealership could not reproduce your problem three times.
On the fourth visit, the technician finds a defective component.
That fourth visit may provide important context for the earlier complaints.
The fact that the dealership eventually identified a cause can make the earlier reports more significant.
Could an intermittent problem support a Lemon Law claim?
Potentially.
The Nevada Lemon Law does not require a defect to occur every time the vehicle is driven.
The central questions include whether the vehicle fails to conform to an applicable express warranty, whether the defect substantially impairs its use and value, and whether the manufacturer has had a reasonable number of opportunities to correct the problem.
The statutory four-repair and 30-day presumptions can be important, but they should not be treated as the entire legal analysis.
What if the dealer closes the repair order?
A closed repair order does not necessarily mean the problem has permanently disappeared.
If the problem returns, report it again.
You want the next repair order to establish:
“Same concern previously reported on [date]. Problem has returned.”
That creates a chronological record.
Don’t let “unable to duplicate” discourage you
Many intermittent problems are difficult to diagnose.
Your job is not to diagnose the vehicle yourself.
Your job is to accurately document what happened and give the manufacturer reasonable opportunities to address it.
If the problem continues despite those opportunities, you may have a situation worth evaluating under Nevada’s Lemon Law or other warranty laws.
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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