Can a Chicago Lemon Law Firm Help if Your Car Has Been in the Shop for Weeks?

By Harry Bradley, Esq.

When you purchase or lease a new vehicle, you expect to spend your time driving it, not repeatedly calling a dealership for updates while it sits in a service department. If your vehicle has been unavailable for weeks because of warranty repairs, the amount of time it has spent out of service may become particularly important under Illinois lemon law.

At HC Bradley LLC, we help consumers understand whether prolonged repair time, recurring defects, or unsuccessful repair attempts may qualify them for legal remedies. Working with a Chicago lemon law firm can help you evaluate the repair history, determine which protections may apply, and avoid overlooking important deadlines or documentation.

Illinois law specifically recognizes extended downtime as one potential basis for establishing that a manufacturer has had a reasonable opportunity to repair a defective new vehicle. Under the Illinois New Vehicle Buyer Protection Act, a presumption can arise when a qualifying vehicle has been out of service because of repairs for nonconformities for a total of 30 or more business days during the statutory warranty period. The statutory warranty period is the first 12 months or 12,000 miles after delivery, whichever occurs first.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.

Car in Repair Shop Too Long in Illinois: Why the Number of Days Matters

Thirty business days does not necessarily have to mean one uninterrupted month-long repair. Illinois law refers to the vehicle being out of service for a total of 30 or more business days because of repair of nonconformities during the applicable statutory warranty period. This means several repair visits may potentially accumulate into a significant downtime history.

If you are concerned that your car is in a repair shop too long in Illinois, we recommend keeping detailed records instead of relying on memory or verbal conversations with dealership personnel. Useful documentation includes:

• Repair orders showing when the vehicle entered and left the dealership
• Written descriptions of the reported problems and work performed
• Emails, text messages, dealership communications, and manufacturer correspondence

These records can help establish exactly how long the vehicle was unavailable and why it remained at the dealership. The Illinois Attorney General similarly recommends keeping repair receipts and records, including the purpose and date of repairs and the length of time the vehicle spent in the shop.

Weeks in the Shop Does Not Automatically Make Every Vehicle a Lemon

A long repair is important, but we do not recommend assuming that every vehicle sitting at a dealership for several weeks automatically qualifies under the Illinois Lemon Law. The law applies to specific vehicles and circumstances.

The Illinois Attorney General explains that coverage includes certain new vehicles, including new cars, qualifying light trucks and vans under 8,000 pounds, and certain recreational vehicles. The state Lemon Law does not generally cover used cars under the New Vehicle Buyer Protection Act.

When evaluating a potential case, some of the questions we may examine include:

• Was the vehicle purchased or leased new and does it fall within the statute?
• Did the relevant defects and repair downtime occur during the first 12 months or 12,000 miles?
• Were the repairs related to problems that impaired the vehicle’s use, market value, or safety?

The law also provides another important presumption involving repeated repairs. A reasonable number of attempts may be presumed when the same nonconformity has been subject to repair four or more times during the statutory warranty period and continues to exist.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.

Why Manufacturer Notification Can Be Important

One issue consumers can easily overlook is the difference between communicating with a dealership and properly pursuing rights involving the manufacturer. Illinois law states that the statutory presumption does not apply against the manufacturer, agent, distributor, or dealer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has an opportunity to correct the alleged defect.

There may also be an applicable manufacturer informal dispute settlement procedure. Under Illinois law, consumers may be required to first resort to a qualifying informal settlement procedure when the manufacturer has established one and proper notice of it has been provided.

This is one reason speaking with a lemon vehicle attorney in Chicago can be valuable before simply waiting another week for the service department to call. The longer a problem continues, the more important it becomes to understand what documentation, notices, and procedural requirements may affect your claim.

What Can a Chicago Lemon Law Firm Do?

At HC Bradley LLC, our role is to look beyond the simple fact that your vehicle has been sitting in a repair bay. We examine the complete sequence of events to determine what legal options may be available and how the documentation supports your position.

A Chicago defective car law firm can review matters such as:

• The complete repair history and cumulative number of business days out of service
• Warranty coverage, recurring defects, repair attempts, and manufacturer communications
• Potential remedies and the procedures that may need to be followed to pursue them

When the requirements of the Illinois Lemon Law are satisfied and the manufacturer cannot conform the vehicle to its applicable warranties after a reasonable number of attempts, the statute provides for remedies that may include a comparable replacement vehicle or return of the vehicle and a refund, subject to applicable deductions and statutory requirements.

Do Not Simply Keep Waiting for the Dealership

If your new vehicle has been sitting at a Chicago-area dealership for weeks, waiting indefinitely may not be the best approach. Even when the dealership says parts are delayed, technicians are still diagnosing the problem, or another repair attempt is necessary, those days may become relevant when evaluating the vehicle’s repair history.

At HC Bradley LLC, we can review what has happened, determine whether the Illinois Lemon Law or other warranty protections may apply, and help you understand the appropriate next step. Getting legal guidance early can also help you preserve repair documentation and communicate appropriately as the situation develops.

Call HC Bradley LLC today at 630.453.5159 or fill out the form on this page and we will get back to you shortly.