What is the difference between a "3 times-out claim (Filing Method A)" and a "30 days out-of-service claim (Filing Method B)"?

3-Times-Out Claim (Filing Method A):

  • A Demand may be filed after the manufacturer/authorized dealer has had reasonable opportunities to repair a warranted defect(s). The lemon law presumes that three unsuccessful repair attempts meet this requirement. The first attempt must occur within the manufacturer's express warranty.
  • A consumer filing with fewer than three repair attempts must convince the Board that the manufacturer was allowed a reasonable opportunity to repair. This could be for a safety-related defect/condition, if the dealer/manufacturer presents the condition is characteristic and no repair is needed, or for other reasons.
  • The symptom of a claimed defect(s) must be present as of the date of filing.
  • Please review the eligibility requirements prior to filing and enclose the requested supporting documentation, which must be received prior to the scheduling of a hearing.

30 Days Out-Of-Service Claim (Filing Method B):

  • A Demand may be filed after a vehicle has been out-of-service for multiple days by reason of a reasonable number of repairs within the manufacturer's express warranty.
  • The lemon law presumes that a reasonable number of repairs have been made when the vehicle has been out-of-service for 30 calendar days.
  • A consumer may file with fewer than 30 days out-of-service but must demonstrate why the Board should accept fewer than 30 days as being reasonable.
  • "Out-of-service" is defined as the vehicle being unavailable for the consumer's use for a major portion of the day (4 hours or more) while being under the control of the manufacturer, its agent or authorized dealer.
  • The 30 days may be cumulative or consecutive.
  • Please review the eligibility requirements prior to filing and enclose the requested supporting documentation, which must be received prior to the scheduling of a hearing.
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