When the Dealer Fixes the Wrong Thing: How Misdiagnosed Repairs Can Strengthen Your Lemon Law Case
You’ve probably been there: the check engine light comes on, you take your car to the dealer, they say “it’s just a sensor,” and after a quick repair, you’re back on the road. A week later, the same problem returns.
After the second, third, or even fourth visit, the dealer keeps trying “something else”—but the issue never really goes away. It’s frustrating, time-consuming, and expensive. But here’s the surprising truth: those misdiagnosed repairs might actually help your Lemon Law case.
What Counts as a Lemon?
Under most state Lemon Laws (like California’s), your vehicle may qualify as a “lemon” if:
It has a substantial defect that affects its use, value, or safety, and
The manufacturer (or authorized dealer) has had a reasonable number of attempts to fix it—but failed.
That “reasonable number” usually means two or more repair attempts for serious safety issues, or four or more attempts for other recurring defects.
But what if the dealer keeps fixing the wrong thing? Each visit still counts toward your Lemon Law threshold.
Misdiagnosis = Missed Repair Opportunity
When a dealership replaces the wrong part or misdiagnoses the issue, they’re still making a repair attempt. Legally, that means the manufacturer has been given an opportunity to fix the defect—even if the fix didn’t work because the diagnosis was wrong.
For example:
Visit #1: Dealer replaces a sensor to fix a stalling issue.
Visit #2: Dealer replaces the fuel pump.
Visit #3: Dealer “updates the software.”
If your car still stalls after all that, you’ve given the manufacturer three chances to repair it. Even though they tried different things, the core defect—your car stalling—remains unresolved. That’s exactly the kind of pattern Lemon Laws are designed to protect you from.
Why Dealers Misdiagnose Problems
Modern cars are rolling computers, packed with sensors and complex systems. Sometimes the real problem hides behind misleading error codes. Other times, dealers are under pressure from manufacturers to minimize warranty costs.
Common reasons for repeated wrong fixes include:
Software-related issues that can’t be replicated easily.
Parts-swapping culture—replace one thing, hope it works.
Limited technician training for new technologies, especially EVs.
Manufacturer bulletins that downplay systemic issues.
So while dealers may not intentionally get it wrong, their failed repairs create a record that works in your favor later.
How to Turn Bad Repairs Into a Strong Case
If your car keeps returning to the service bay for the same recurring issue, don’t just get mad—get strategic.
Here’s how to build a solid Lemon Law claim from repeated misdiagnoses:
A. Keep Every Repair Order
Each service visit should clearly list:
The customer’s complaint (“vehicle stalls when idling”)
The dealer’s diagnosis (“replaced throttle sensor”)
The outcome (“test drove vehicle—could not duplicate problem”)
Even if the dealer changes their description slightly each time, the recurring symptom ties it all together.
B. Use Consistent Language
Always describe the problem in the same way on each visit. Don’t let the dealer reword it into something vague like “engine hesitation.”
Use clear, repeatable phrasing—“car stalls while stopped at red lights.”
C. Don’t Let Them “Reset the Clock”
Dealers may claim that each “new” repair resets the Lemon Law timeline. It doesn’t. As long as the same underlying defect continues, all repair attempts count toward your case.
D. Get a Second Opinion
If the same issue keeps returning, consider visiting a different authorized dealer. This shows that the problem isn’t due to one shop’s mistake—it’s systemic.
Why Misdiagnosed Repairs Can Be a Blessing in Disguise
It sounds counterintuitive, but every wrong fix adds to your paper trail. Each failed attempt strengthens your case by proving:
The problem is persistent.
The manufacturer has had multiple opportunities.
The vehicle’s reliability is compromised.
In court or negotiation, that pattern is gold.
When to Get Legal Help
If your car has been in the shop three or more times for the same issue, or out of service for 30+ days total, it’s time to talk to a Lemon Law attorney.
Most reputable firms handle these cases at no out-of-pocket cost—manufacturers pay the legal fees when you win.
An attorney can:
Review your repair history for qualifying patterns.
Communicate with the manufacturer directly.
Pursue a refund, replacement vehicle, or cash settlement.
Final Thoughts
The next time your dealership “fixes” your problem but it comes right back, remember: every failed repair counts.
Don’t let the frustration blind you to the opportunity. By documenting your experience and understanding how misdiagnoses play into Lemon Law rules, you can turn a series of bad repairs into a winning claim.
Because sometimes, the dealer’s mistakes might just be the best thing that ever happened to your Lemon Law case.