When car problems pile up, one of the first questions we hear from California drivers is, “Does my car have too many miles to qualify as a lemon?” The truth is that mileage matters, but it is not the only factor. California’s Lemon Law looks at the timing of the defects, the type of warranty in place, and how serious the issues are, not just the odometer reading.

In this post, we’ll break down how mileage comes into play in lemon claims and what it means for your chances of a buyback or replacement.

Why Mileage Matters in Lemon Law Cases

Mileage helps courts and manufacturers assess when defects appeared and whether they are covered under the warranty. Most new vehicle warranties last 3 years/36,000 miles or 5 years/60,000 miles, depending on the brand. If your problems begin during that period, mileage can help prove the issues happened under warranty.

Still, mileage is not an automatic deal-breaker. A vehicle with 50,000 miles could qualify if the defect first appeared at 15,000 miles and the manufacturer failed to repair it after repeated attempts.

The Lemon Law Presumption Period

California has a helpful “presumption period.” If your vehicle shows substantial problems within the first 18 months or 18,000 miles, whichever comes first, the law presumes the car may be a lemon if the manufacturer cannot fix it after a reasonable number of attempts.

This does not mean problems outside of 18,000 miles don’t count. It simply gives you a stronger starting point if your issues appear early. Many successful claims involve defects that first arose long after the presumption period expired.

What If My Vehicle Has High Mileage?

It’s common for owners to worry their claim will be dismissed if they drove the car too much. That’s not necessarily the case. Consider these factors:

  • When did the problems start? If the defect began under warranty, you may still have a claim even if the car has 80,000 miles now.
  • Did the manufacturer attempt repairs? Documentation showing repeated unsuccessful repairs strengthens your case.
  • Are the problems serious? Safety-related defects, such as faulty brakes, transmission failures, or electrical system shutdowns, carry weight regardless of mileage.

The bottom line: high mileage does not erase the manufacturer’s responsibility if the issues started earlier.

How Mileage Affects Buyback Value

If your vehicle qualifies as a lemon, the manufacturer may owe you a refund or replacement. Mileage does play a role in calculating how much you receive back. California’s Lemon Law allows manufacturers to subtract a “mileage offset” to account for the portion of the vehicle’s life you used before the defect appeared.

Here’s the formula in simple terms:

  • Number of miles driven before the first repair attempt ÷ 120,000
  • Multiply that number by the purchase price of the car
  • The result is the deduction from your refund

For example, if your defect started at 12,000 miles on a $30,000 car, the deduction would be about $3,000. You would still recover the remaining value plus reimbursement for expenses such as taxes, fees, and finance charges.

What If the Warranty Has Expired?

Sometimes a defect becomes obvious after the warranty ends. If the problem first appeared during the warranty but wasn’t fixed properly, you may still have a claim. Courts recognize that manufacturers cannot escape responsibility by running out the clock.

If you noticed issues late but can show they are rooted in earlier covered problems, your case may still move forward. Documentation of repair visits, service records, and warranty claims will be key.

Steps You Should Take if You’re Unsure

If you’re wondering whether mileage affects your case, here are some steps to consider:

  • Gather all service and repair records, including dates and odometer readings.
  • Note when the problem first appeared, not just the most recent breakdown.
  • Keep receipts for rental cars, towing, or other out-of-pocket expenses.
  • Consult with a lemon law attorney to evaluate the timeline and strength of your claim.

Protecting Your Rights with The Lemon Firm

Mileage questions can make lemon law cases feel confusing, but you don’t have to sort it out alone. At The Lemon Firm, we help California drivers hold manufacturers accountable, even when automakers try to argue that mileage cancels out your rights.

If you believe your vehicle qualifies for a buyback or replacement, we will review your records, explain your options, and fight to get you the compensation you deserve. Contact The Lemon Firm today for a free consultation and learn whether mileage is standing in your way or if you’re entitled to a refund.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.