Key takeaways
- A recall is a federal safety process under 49 U.S.C. chapter 301. When a manufacturer decides a vehicle has a safety defect, it must notify owners and remedy the defect without charge (49 U.S.C. §§ 30118, 30120).
- A lemon law claim is a state remedy for a warranty defect the manufacturer couldn't fix after a reasonable number of attempts. It doesn't require a recall.
- A recall repair is still a repair visit for that defect. Whether it counts toward your state's repair-attempt test depends on your state's law and your records.
- Under federal law, if a recall repair isn't done adequately within 60 days of presenting the vehicle, that's prima facie evidence of failure to repair within a reasonable time (49 U.S.C. § 30120(c)(2)).
- Check open recalls for your VIN at nhtsa.gov/recalls.
On this page
A recall and a lemon law claim are two different things. A recall is a federal safety process: the manufacturer finds a safety defect in a group of vehicles and must fix it without charge. A lemon law claim is a state remedy for your own vehicle when a warranty defect keeps coming back after repairs. They can overlap. A recall repair is still a repair visit, and if the problem returns, that visit can be part of your lemon law history.
What is a vehicle recall?
A recall is how federal law handles safety defects. The rules are in 49 U.S.C. chapter 301, Motor Vehicle Safety, and NHTSA enforces them.
A recall can start two ways. The manufacturer can decide in good faith that a defect is related to motor vehicle safety, and then it must notify NHTSA, owners and dealers (49 U.S.C. § 30118(c)). Or NHTSA can decide a vehicle has a safety defect and order the manufacturer to notify owners and remedy it, after giving the manufacturer a chance to respond (§ 30118(a), (b)).
The law defines "motor vehicle safety" as performance that protects the public against unreasonable risk of accidents, and of death or injury in an accident (49 U.S.C. § 30102(a)(9)). So recalls are about safety. A defect that's annoying but not a safety risk usually won't be recalled, even if it's covered by the warranty.
What the manufacturer must do
| Federal recall rule | What it says | Source |
|---|---|---|
| No charge | The manufacturer must remedy the defect without charge when the vehicle is presented | 49 U.S.C. § 30120(a)(1) |
| Manufacturer picks the remedy | Repair, replace with an identical or reasonably equivalent vehicle, or refund minus depreciation | § 30120(a)(1)(A) |
| Slow repair | If a repair isn't done adequately within a reasonable time, the manufacturer must replace or refund. Over 60 days after presentation is prima facie evidence of unreasonable delay | § 30120(c) |
| Earlier payment | The remedy program must include a plan to reimburse owners who paid for the fix within a reasonable time before the notice | § 30120(d) |
| Age limit | The no-charge rule doesn't apply if the first purchaser bought the vehicle more than 15 calendar years before notice (5 years for tires) | § 30120(g)(1) |
| Owner notice | First class mail to registered owners, generally within 60 days after the defect report is filed | 49 CFR 577.7(a) |
What is a lemon law claim?
A lemon law claim is a state-law remedy for a vehicle with a warranty defect the manufacturer couldn't fix after a reasonable number of attempts. It's about your vehicle, not a group of them.
The details come from each state's statute. Most share a few elements: the vehicle is new or still in its early warranty period, the defect is covered by the manufacturer's warranty, it substantially impairs use, value or safety, and it continues after repair attempts. Florida, for example, defines a "nonconformity" as a defect or condition that "substantially impairs the use, value, or safety of a motor vehicle" (Fla. Stat. § 681.102). For the general tests, see does my vehicle qualify, and for your state's numbers, see your state page.
A lemon law claim doesn't need a recall. Many warranty defects don't involve safety, so they'd never be recalled. A transmission that shudders, a screen that freezes or a persistent leak can support a claim on its own.
How do recalls and lemon law claims compare?
Here's the short version side by side.
| Topic | Recall | Lemon law claim |
|---|---|---|
| Source of law | Federal, 49 U.S.C. chapter 301 | State lemon law; federal Magnuson-Moss can also apply |
| Who starts it | Manufacturer or NHTSA | You |
| What it covers | Safety defects and safety-standard noncompliance | Warranty defects that substantially impair use, value or safety |
| Which vehicles | A group of vehicles | Your vehicle |
| Time limit | No-charge remedy for vehicles up to 15 years from first sale | State deadlines, often tied to delivery date and mileage |
| Usual result | Repair, sometimes replacement or refund | Repurchase, replacement or a settlement, if the claim succeeds |
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
Can a recall repair count toward a lemon law claim?
It can. A recall visit is a trip to an authorized dealer to fix a defect in your vehicle, and it produces a repair order. Whether it counts toward your state's repair-attempt test depends on your state's wording and on the facts.
Here's how it tends to matter:
- The defect comes back. If the recall repair didn't fix the problem and you keep reporting it, the recall visit is part of a pattern of failed repairs.
- The defect was already reported. If you'd reported the same symptom before the recall, your earlier repair orders plus the recall visit show a longer history.
- Days out of service. Days your vehicle sits waiting for recall parts may count toward a state's days-out-of-service total. Keep the dates.
- Safety weight. Some states define safety defects separately. Washington, for example, defines a "serious safety defect" as a life-threatening malfunction that impedes control or operation of the vehicle or creates a risk of fire or explosion (RCW 19.118.021). A recall can help show the defect affects safety.
Ask the service advisor to write your symptom on the recall repair order too, not just the recall number. "Recall [recall number] performed" says less than "Customer reports brake warning and soft pedal; performed recall [recall number]." For more, read how to document repair visits and repair attempts.
How do I check my vehicle for recalls?
Use NHTSA's lookup at nhtsa.gov/recalls. It takes a minute.
- Find your 17-character VIN. It's on the driver's side of the windshield, the driver's door frame, and your registration and insurance card.
- Enter it at nhtsa.gov/recalls.
- If a recall is open, call an authorized dealer to book the remedy. The manufacturer must remedy it without charge, within the 15-year limit.
- Keep the recall notice and the recall repair order in your file.
- Check again every few months. New recalls get added, and a mailed notice may go to an old address.
If you think a safety problem should be recalled and hasn't been, you can report it to NHTSA through the safety-problem link on nhtsa.gov.
What should I do if my car has a recall and a recurring problem?
Get the recall done, keep reporting the problem, and document both. One doesn't replace the other.
Take the vehicle in for the recall and describe your symptom on the same visit. If the problem returns, go back and report it again. Track every visit in your log. If the defect keeps coming back after the recall repair, that history is what a lawyer will want to see. For EV owners, some recalls now arrive as over-the-air software updates; see electric vehicle lemon law for how to document those.
Frequently asked questions
What is the difference between a recall and a lemon law claim?
A recall is a federal safety program. Under 49 U.S.C. chapter 301, a manufacturer that decides in good faith that a vehicle has a safety-related defect must notify NHTSA, owners and dealers, and remedy the defect without charge. A lemon law claim is a state-law remedy you bring when a warranty defect keeps coming back after a reasonable number of repair attempts. Recalls cover whole groups of vehicles. Lemon law claims are about your vehicle. A defect can be both, either or neither.
Does a recall mean my car is a lemon?
No. A recall means the manufacturer or NHTSA found a safety defect in a group of vehicles and the manufacturer must remedy it. If the recall repair fixes your vehicle, there may be no lemon law claim at all. A lemon law claim looks at your vehicle's own history: whether a covered defect substantially impairs its use, value or safety and keeps coming back after repairs. A recall can be part of that history, but it doesn't decide the question.
Can a recall repair count as a lemon law repair attempt?
It can, depending on your state and the facts. A recall repair is done by an authorized dealer for a defect in your vehicle, and it produces a repair order. If the defect is also covered by the warranty and it comes back after the recall repair, that visit may count toward your state's repair-attempt test. States word their tests differently, so check your state's page. Keep the recall notice and the repair order for every recall visit.
Do I have to pay for a recall repair?
Generally no. Federal law requires the manufacturer to remedy a recalled safety defect without charge when the vehicle is presented for remedy (49 U.S.C. § 30120(a)). The manufacturer chooses whether to repair the vehicle, replace it with an identical or reasonably equivalent one, or refund the price minus a reasonable allowance for depreciation. The no-charge rule doesn't apply if the first purchaser bought the vehicle more than 15 calendar years before the recall notice, or more than 5 years for tires.
What if the recall repair takes too long?
Federal law has a rule for this. If a manufacturer chooses to repair and the repair isn't done adequately within a reasonable time, it must replace the vehicle or refund the purchase price less a reasonable allowance for depreciation. Failing to repair adequately within 60 days after you present the vehicle is prima facie evidence of an unreasonable delay. NHTSA can extend that period for good cause. Presenting the vehicle before the date the manufacturer named in its notice doesn't count.
How do I find out if my car has an open recall?
Enter your 17-character VIN at nhtsa.gov/recalls. The VIN is on the lower corner of the windshield on the driver's side, on the driver's door frame, and on your registration and insurance card. Manufacturers must also mail recall notices by first class mail to registered owners, generally within 60 days after filing the defect report (49 CFR 577.7). If you moved, the notice may have gone to an old address, so check online.
What if I paid for a repair before the recall was announced?
You may be able to get reimbursed. Federal law requires a manufacturer's recall remedy program to include a plan for reimbursing owners who paid for the remedy within a reasonable time before the recall notice (49 U.S.C. § 30120(d)). The recall notice usually explains how to ask. Keep the original repair invoice and proof of payment. If the same defect kept coming back before the recall, keep those repair orders too, because they may matter for a lemon law claim.
About the author
Gregory R. Jacobs, Attorney
Gregory R. Jacobs is a Texas-licensed attorney (State Bar of Texas No. 10517300, licensed 1980) and the responsible attorney for SkyRidge Law P.C.
Sources
- 49 U.S.C. § 30102 (definitions: motor vehicle safety, defect)
- 49 U.S.C. § 30118 (notification of defects and noncompliance)
- 49 U.S.C. § 30120 (remedies for defects and noncompliance)
- 49 CFR 577.7 (time and manner of recall notification)
- NHTSA, Safety Issues and Recalls (VIN lookup)
- RCW 19.118.021 (Washington definitions: serious safety defect)
- Fla. Stat. § 681.102 (definition of nonconformity)