Check Engine Light Won’t Stay Off? Your Car Might Be a Lemon

My check engine light keeps coming on, what is the problem?

This is a common search online and while the answers vary widely, many consumers aren’t aware that repeated check engine light issues can actually qualify as a lemon law claim. 

What is the check engine light and what might cause it to stay on?

The check engine light is your car’s way of alerting you to potential problems with the engine, emissions system or related components. It’s connected to your car’s onboard diagnostic system, which monitors hundreds of sensors throughout the vehicle.

When something goes wrong, the system stores a diagnostic trouble code and triggers the warning light. These codes can indicate anything from a loose gas cap to serious engine malfunctions, transmission issues, or failing catalytic converters.

To qualify for a lemon law claim, a few items need to be true.

Warranty

Lemon laws protect consumers when defects occur during the warranty period. If the problems with your check engine light started while your car was under the manufacturer’s warranty, you might be covered. If your warranty has expired, but you can show that you were consistently getting repairs, you might still be covered. 

Substantial Impairment

If you’ve taken your car multiple times to the dealership to “fix” your check engine light issue, yet that orange light keeps coming on, you might be looking at substantial impairment. 

Basically, this problem needs to affect the use of your car, the value, or the safety in a very big way. Things like engine failure, stalling or transmission issues would be good examples of substantial impairment.

If you’re driving your car and the performance is severely affected; you are constantly worried about breaking down; there are safety concerns; and if you feel the car is losing value due to the problem, it might be time to look into a lemon law claim.

Reasonable Repair
Each state has their own set of standards as to what constitutes reasonable repair attempts. 

Below are the guidelines for what is “presumed” to be unreasonable in Ohio, Texas, North Carolina, New York and Pennsylvania, which are all the states that we serve.  Cases can still be viable if they have fewer visits than this, but if they meet these standards a case tends to get notably stronger:

Ohio: 3 or more failed repair attempts (or 30+ days out of service) within the first 12 months or 18,000 miles

Texas: 4 failed repair attempts  (or 30+ days out of service) within the first 24 months or 24,000 miles

North Carolina: 4 or more failed repair attempts (or 30+ days out of service) within the first 24 months or 24,000 miles 

New York: 4 or more failed repair attempts (or 30+ days out of service) within the first 24 months or 18,000 miles

Pennsylvania: 3 or more failed repair attempts (or 30+ days out of service) within the first 12 months or or 12,000 miles

What about intermittent problems with my check engine light?

Just because your check engine light doesn’t stay on constantly, doesn’t mean you don’t have a case. Intermittent problems can absolutely qualify under lemon laws.

Make sure you document every time you go to get the light checked or repaired. Keep receipts, emails and any correspondence you have with the dealership. Ask them for written repair orders with everything you relayed to them and to also include the diagnostic codes they found while attempting the repair.

Also note the date you get the repair and the mileage on the car at that time. If there are any other issues going on (noises, power loss) document that, too. 

A great trick to help get an intermittent problem fixed is to utilize one of the national car parts stores (NAPA, O’Reilly’s, AutoZone, etc.) Many of them offer FREE diagnostics for your check engine light. We would recommend going to one of those stores, and if it is safe, leave your car running while you go in and ask for free diagnostics utilizing their scan tool. They will usually come out, read the code, go inside with you, and print out what code is captured. That way, you can return to the dealership with proof of what the code is, and hopefully they can move forward with repairs.

We’ve successfully represented clients whose vehicles had persistent check engine light problems related to engine performance issues, transmission defects, emissions system failures and electrical or computer problems.

We are here to help you if you believe you have a lemon law claim. 

We’ve spent years fighting for consumers stuck with defective vehicles. We know the law and we understand the technical issues involved. We will work with you through the entire process, handling everything from investigating your claim to negotiating with the manufacturer.

Contact Jeffries Law today for a free, no-obligation consultation. We’ll review your repair history, explain your options and fight to get you the compensation or replacement vehicle you deserve.