Many of the state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. If the defect is a serious safety defect involving brakes and or steering, the manufacturer is granted one attempt to repair. If there is a safety defect that is not considered a serious safety defect,the manufacturer has two attempts to repair. For any other defect, the manufacturer is usually given three or four chances to repair the same defect. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, with at least one of those days occurring the first 12,000 miles.
Most lemon laws do allow an offset for use of the vehicle by the consumer.
Our answer is no. The above formula should be used to compute the mileage at the time of the repair attempt. This can often make a difference of several hundred dollars to the consumer. Those states that do allow attorney's fees provide for a greater likelihood of success and representation in warranty disputes. All information is subject to change without notice.