How Many Repair Attempts Before You Should Call a Chicago Lemon Law Attorney?

By Harry Bradley, Esq.

Lemon Law Attorney ChicagoWhen you purchase a new vehicle, you expect an occasional service appointment, not repeated trips to the dealership for the same unresolved problem. If your vehicle keeps returning to the repair shop, one of the most important questions is how many repair attempts you should tolerate before speaking with a Chicago Lemon Law Attorney.

At HC Bradley LLC, our recommendation is simple: you do not necessarily need to wait until you have reached the maximum number of repair attempts before contacting us. Illinois law establishes benchmarks that may create a presumption that a reasonable number of repair attempts have occurred, but speaking with an attorney earlier can help you document the situation properly and avoid mistakes that could affect your claim.

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.

How Many Lemon Law Repair Attempts Does Illinois Require?

Under the Illinois New Vehicle Buyer Protection Act, a presumption that a reasonable number of repair attempts has occurred can arise when the same nonconformity has been subject to repair four or more times during the statutory warranty period and continues to exist. Alternatively, the presumption may arise when the vehicle has been out of service for repairs involving nonconformities for 30 or more business days during that period. Illinois defines the statutory warranty period as the first year or 12,000 miles after delivery, whichever occurs first.

That means lemon law repair attempts Illinois consumers should pay particular attention to include:

  • Four or more repair attempts involving the same continuing defect
  • A total of 30 or more business days that the vehicle is out of service for covered repairs
  • Defects that substantially impair the vehicle’s use, market value, or safety
  • Repair activity occurring during the applicable first-year or 12,000-mile statutory period

These thresholds are important, but they should not be interpreted as instructions to simply keep returning a defective vehicle to the dealer until you reach repair attempt number four. The Illinois Attorney General similarly explains that qualifying vehicles may involve a substantial defect that remains unrepairable after at least four attempts or a vehicle that has been out of service for at least 30 business days.

Should I Call an Attorney Before the Fourth Repair Attempt?

In many situations, yes. At HC Bradley LLC, we would rather evaluate a developing problem early than have a consumer contact us after important deadlines have passed or critical documentation has been lost.

If a new vehicle has already been repaired two or three times for substantially the same problem, it may be appropriate to speak with a Chicago Lemon Law Attorney. The same applies when the vehicle spends extended periods at the dealership, particularly if the problem involves safety or substantially affects your ability to use the vehicle.

Warning signs that should prompt you to consider contacting us include:

  • The same warning light, mechanical failure, electrical issue, or drivability problem repeatedly returns
  • The dealership says it cannot duplicate the problem even though you continue experiencing it
  • Parts are repeatedly replaced without correcting the underlying defect
  • The vehicle has accumulated significant time in the shop
  • A defect affects braking, steering, acceleration, starting, electrical systems, or another important vehicle function

Calling earlier allows us to examine the repair history and determine where you currently stand. A repeated car repairs attorney Chicago consumers contact before the situation becomes more complicated can also help identify whether repair orders accurately describe the problem.

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.

Your Repair Orders Can Become Critical Evidence

One of the most important things you can do is save every repair order. Do not assume the dealership or manufacturer will maintain the records in a way that presents your claim as clearly as possible.

Every time you bring the vehicle in, carefully review how the complaint is written. If you report that the vehicle stalls while driving and the repair order simply says “check engine light,” that difference could become important. We want the service record to accurately reflect what you experienced and why you brought the vehicle to the dealership.

Whenever possible, retain documentation showing:

  • The date the vehicle entered and left the repair facility
  • Your mileage at each service visit
  • Your description of the defect or symptoms
  • Diagnostic findings and repairs performed
  • Parts replaced or ordered
  • Whether the dealership claimed it could not reproduce the problem

The Illinois Attorney General specifically advises consumers to keep repair receipts and records, including the purpose and date of repairs and how long the vehicle remained in the shop.

Do Not Assume the Dealership Is Handling Your Lemon Law Claim

Repeated dealership visits and a formal lemon law claim are not necessarily the same thing. Illinois law provides that the statutory presumption does not apply against the manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect. The law may also require use of a manufacturer’s qualifying informal settlement procedure under certain circumstances.

This is another reason we recommend consulting a defective vehicle lawyer Chicago drivers can turn to before simply waiting for another unsuccessful repair. Illinois also imposes timing requirements: an action under the New Vehicle Buyer Protection Act generally must be commenced within 18 months following the vehicle’s original delivery. Acting early gives us more opportunity to evaluate the repair history, applicable warranties, notices, deadlines, and potential legal remedies.

Contact HC Bradley LLC About Your Repeated Vehicle Repairs

You do not have to decide for yourself whether repair attempt three, four, or five finally makes your vehicle a lemon. If your new vehicle repeatedly experiences the same substantial defect or keeps spending time at the dealership, contact HC Bradley LLC and let us review what has happened.

As a Chicago Lemon Law Attorney, we can evaluate your repair records, explain how Illinois lemon law may apply, and help determine the appropriate next step. The sooner we understand the history of the vehicle, the better positioned we are to help protect your rights before important deadlines or procedural requirements become an issue.

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.

Contact Us

Our attorney can help with your legal issues.

Contact us to see how we can help. The initial consultation is free.

Lemon Car Services Indianapolis

Lemon Law

Lemon Laws exist to help you,  but they’re only beneficial if you know how you use them.

Lemon Law Firm Warrenville

Business Transactions

Contracts, Business Organizations, Real Estate, Taxes and Licenses, Intellectual Property

Lemon Car Services Indianapolis

Litigation Services

Civil Litigation, Arbitration, Collections and Replevin, Mediation

Illinois Lemon Law Warrenville

Harry Bradley

P:  630-453-5159
F:  630-447-0058
E:  harry@hcbradleyllc.com

About Harry Bradley

Mr. Bradley appears primarily in Indiana and Illinois courts but has also appeared pro hac vice in Ohio, Florida, and California state courts as well as in the United States District Court for the Central District of California as pro hac vice counsel on difficult cases. 

After 10 years practicing in law firms in Chicago and the western suburbs Harry opened his own business law firm in 2013.  The practice has expanded to include commercial and civil litigation, and representation of small businesses, as well as consumers (and sometimes dealers) with dispute resolution involving a new product, warranty, or service contract. 

Harry’s practice has focused on various business issues including sales and service agreements, product warranties, FTC compliance, arbitration agreements, fraudulent sales litigation, and has also represented clients with issues arising under the state commercial code.  Additionally, he has represented clients in insurance defense litigation, subrogation, and collections.

Harry is a veteran of the U.S. Navy and served aboard the destroyer U.S.S. Fife, receiving the National Defense and Southwest Asia Service Awards for his participation in Operation Provide Comfort following Desert Storm.

Originally from Valparaiso, Indiana, Harry now resides in Naperville, Illinois. His hobbies include automobiles, fishing, astronomy, and barbecue cooking. 

Lemon Law Articles from H.C. Bradley, LLC

5 Myths About the Lemon Law

5 Myths About the Lemon Law I have prosecuted Lemon Law claims for 19 years and hear the same myths about it over and over. “The manufacturer says I don’t qualify” or “the service department said

Read More »

READ WHAT PEOPLE ARE SAYING…