Is There a Mileage Limit for California Lemon Law Claims?

If you’ve purchased a defective vehicle in California, you may be wondering whether your car’s mileage affects your eligibility for protection under California’s Lemon Law. Many consumers are confused about mileage limitations—and unfortunately, some manufacturers and dealers perpetuate misconceptions to discourage valid claims.

At Mission Law Group, we’re committed to helping you understand your rights under California’s consumer protection laws.

The Short Answer: No Specific Mileage Cap in California’s Lemon Law

California’s Lemon Law does not have a specific mileage limit or cap that disqualifies a vehicle from protection. This is a common misconception that can prevent consumers from pursuing legitimate claims.

The Song-Beverly Consumer Warranty Act (California’s Lemon Law) focuses on whether:

1. The vehicle has a substantial defect covered by the manufacturer’s warranty
2. The defect persists after a reasonable number of repair attempts
3. The problem was first reported during the warranty period

As long as these conditions are met, your vehicle’s mileage alone won’t disqualify your claim.

Warranty Period vs. Mileage: What Really Matters

The critical factor that determines Lemon Law eligibility is not your vehicle’s total mileage, but whether:

• The defect occurred and was reported while the vehicle was still under warranty
• The warranty coverage is determined by both time and mileage (whichever comes first)

Most manufacturer warranties cover vehicles for a specific combination of years and miles—for example, typically 3 years/36,000 miles for a basic warranty or 5 years/60,000 miles for a powertrain warranty.

If you experience and report problems within this warranty period, the Lemon Law may apply regardless of how many miles you subsequently drive while attempting to get the vehicle repaired.

The “18,000 Mile/18 Month” Misconception Explained

You may have heard about an “18,000 mile or 18 month” rule and wondered if this creates a mileage limit for Lemon Law claims. This misconception stems from a misunderstanding of the Tanner Consumer Protection Act, which is part of California’s Lemon Law.

The Tanner Consumer Protection Act provides a presumption (not a requirement) that may help your case if:

• The same substantial defect has been subject to repair four or more times within the first 18 months or 18,000 miles, or
• The vehicle has been out of service for repairs for more than 30 calendar days within the first 18 months or 18,000 miles

This presumption can strengthen your case by shifting the burden of proof to the manufacturer, but it does not establish an eligibility cutoff. You can still have a valid Lemon Law claim even if your vehicle doesn’t meet these specific criteria.

How Vehicle Mileage Impacts Your Lemon Law Claim

While mileage doesn’t determine your eligibility, it does affect two important aspects of Lemon Law claims:

1. The Mileage Offset Calculation for Refunds

If you’re entitled to a refund under the Lemon Law, California law allows manufacturers to deduct an amount for the value you received from the vehicle before reporting the defect. This is called the “mileage offset” or “usage deduction.”

The formula used in California is:

Mileage Offset = (Miles driven at first repair attempt ÷ 120,000) × Vehicle purchase price

For Example:

• Miles at first repair attempt: 5,000
• Calculation: (5,000 ÷ 120,000) × $40,000 = $1,666.67 offset

This calculation demonstrates why reporting problems promptly is crucial—the lower your mileage at the first repair attempt, the smaller the offset against your refund.

2. Evidence of the Defect’s Severity

While not a legal limitation, higher mileage can sometimes make it more challenging to prove that a defect is substantial and attributable to a manufacturing issue rather than normal wear and tear. However, a skilled Lemon Law attorney can help address these challenges with proper documentation and expert testimony when necessary.

The 2024 California Supreme Court Ruling on Used Vehicles

It’s important to note that in November 2024, the California Supreme Court ruled in Rodriguez v. FCA US LLC that used vehicles are generally no longer covered under California’s Lemon Law, with a possible limited exception for certified pre-owned vehicles and dealer-owned vehicles that still have manufacturer warranties.

This means that for used vehicles purchased after this ruling, mileage becomes a more significant factor in determining what legal protections are available, as most used vehicles will need to rely on remaining manufacturer warranties or other consumer protection laws rather than the Lemon Law.

Common Scenarios: How Mileage Affects Real Lemon Law Cases

Scenario 1: Low Mileage, Early Problems

If you purchased a new vehicle and began experiencing serious problems within the first few thousand miles, you likely have a strong Lemon Law claim. Your mileage offset would be minimal, and the early emergence of defects strongly suggests manufacturing issues.

Scenario 2: Higher Mileage, Persistent Problems

If your vehicle developed problems later but still within the warranty period, you may still have a valid claim. The mileage offset would be higher, but if the manufacturer has been unable to repair the defect after multiple attempts, the Lemon Law may still apply.

Scenario 3: Problems After Warranty Expiration

If your vehicle’s mileage exceeded the warranty limit before you reported any problems, a Lemon Law claim would be much more challenging. However, if you can document that the problem began during the warranty period but wasn’t properly diagnosed or addressed, you might still have a case.

Maximizing Your Lemon Law Protection: Best Practices

To maximize your protection under California’s Lemon Law, regardless of your vehicle’s mileage:

1. Report problems immediately to minimize your mileage offset and establish that the issue occurred within the warranty period
2. Document everything, including repair orders, communications with the dealer, and records of when your vehicle is out of service
3. Follow the manufacturer’s maintenance schedule to prevent claims that problems are due to improper maintenance
4. Keep detailed notes about how the defect affects your vehicle’s use, value, or safety
5. Consult with a Lemon Law attorney early in the lemon law process, rather than waiting until multiple repair attempts have failed

When to Seek Legal Help for Your Lemon Law Claim

If you’re experiencing persistent problems with your vehicle, don’t let misconceptions about mileage limits prevent you from exploring your legal options. Contact Mission Law Group for a consultation to evaluate your case. Our experienced Lemon Law attorneys can help determine if you have a valid claim regardless of your vehicle’s current mileage.

Remember: What matters most is not how many miles are on your odometer but whether your vehicle has a substantial warranty-covered defect that the manufacturer or dealer has failed to fix after a reasonable number of attempts.

This information is provided for educational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact Mission Law Group for a personalized consultation.