The presumption is a legal shortcut that is designed to help consumers. Essentially, if your car meets the specific defect/repair criteria within 18 months or 18,000 miles, then the law presumes it is a lemon. This makes it easier for affected consumers to win their claims without having to prove as much. The 18 months or 18,000 miles rule is important for consumers because it ensures that new vehicles, which should be in peak condition, are held to high reliability standards. If any major problems occur this early into ownership, then the law tilts in favor of the consumer.

To meet the criteria, the following conditions must be satisfied:

• A reasonable number of repair attempts (if the dealer fails to fix the same problem even after multiple attempts have been made, presumption begins)
• Safety-related issues versus minor issues (presumption is strongest when the issue affects safety, such as steering, airbags, or brakes, for example)
• The vehicle must still be under manufacturer’s warranty when the issue occurs

Consider the following potential triggers:

• The dealer attempts and fails to repair the same issue four or more times
• The dealer attempts and fails to repair the same issue two or more times for life-threatening defects, such as steering failure or brake failure
• The vehicle is out of service in the shop for warranty repairs 30 or more days within the 18-month or 18,000-mile period

Many consumers mistakenly believe that there are no protections once the presumption period ends. Although the automatic legal shortcut of presumption is lost after the 18 months/18,000 miles, you can still file a case. You will simply have to present more evidence to prove your lemon law case. It is also important to highlight that, even after the presumption period ends, the lemon law will still apply if the defect occurred during the vehicle’s warranty period.

Whether you are in or out of the presumption period, it is important that you do everything necessary to strengthen your claim. We recommend the following:

• Keep records of all issues present in your vehicle
• Keep records of repair services, dates the vehicle was in the shop, and all receipts
• Keep records of all communication between you and the dealership
• Keep up with all scheduled maintenance and repairs
• Find an experienced lemon law lawyer to help you with your claim

Lemon law presumption gives consumers significant protections during the first 18 months or 18,000 miles of owning the vehicle. Even after this period, consumers are protected and can still pursue lemon law claims against auto manufacturers and can get either a replacement vehicle or a full refund. If you are ready to explore the legal options available to you, please do not hesitate to reach out to the experienced lawyers here at My Lemon Law Lawyer Group as soon as possible. Our lemon law lawyers are committed to upholding your rights under the lemon law and ensuring that your claim is successful. Contact our team at your earliest convenience.