Florida hurricane season runs from June through November. For many families, that overlap with the car-buying season is no accident. New vehicles roll off lots all year, and sometimes a brand-new car ends up sitting at a dealership for a repair when a major storm makes landfall.
If that has happened to you, you probably have a lot of questions. Does the storm pause your lemon law clock? Who is responsible if the car is damaged while it is at the shop? Does the time the dealer is closed count against your repair days? This post walks through the key issues, one at a time.
A Quick Refresher on Florida's Lemon Law
Florida's Lemon Law, Chapter 681 of the Florida Statutes, protects consumers who buy or lease new or demonstrator vehicles in Florida. Used cars are not covered. The law gives consumers a defined window of time to raise a claim.
That window is 24 months from the date of original delivery of the vehicle. Everything that matters, including repair attempts, days out of service, and written notices, must happen within that period to trigger your rights under the statute.
To qualify, your vehicle must have a nonconformity. That means a defect or condition that substantially impairs the use, value, or safety of the vehicle. Minor annoyances generally do not meet that threshold. Recurring mechanical failures, safety system malfunctions, and persistent problems that keep the car off the road often do.
How Days Out of Service Work
One of the two main paths to a lemon law claim is the cumulative days-out-of-service route. The statute allows consumers to pursue a claim when a vehicle has been out of service for repair for 30 or more cumulative days within the lemon law rights period. For recreational vehicles, that number is 60 days.
Every day the car is at the dealership for a covered repair counts toward that total. Weekends count. Holidays count. The days do not have to be consecutive.
That is important context for the hurricane situation. If your car is dropped off for a repair and then a storm hits and the dealership closes for a week, those days may still count toward your running total. The statute does not carve out an exception for weather events.
For a deeper look at how out-of-service days are tracked and documented, see our post on days out of service under Florida's Lemon Law.
What Happens to the Repair Attempt Count?
The other main path involves repair attempts. After a manufacturer or its authorized dealer has made three or more attempts to fix the same nonconformity without success, the consumer sends a written notice, called a Motor Vehicle Defect Notification, to the manufacturer. That notice gives the manufacturer one final opportunity to repair the vehicle.
A hurricane that closes a dealership mid-repair does not erase the repair attempt from the record. If the car was checked in for a specific defect, that attempt is logged. What matters for your claim is that the attempt happened, not whether the repair was completed smoothly or on schedule.
Keep all your repair orders. Ask for a copy every single time you bring the car in. That paper trail is critical if a dispute ever goes to arbitration or court.
Who Is Responsible If the Car Is Damaged at the Dealership During a Storm?
This is where lemon law and general property law start to overlap. Florida's Lemon Law does not specifically address storm damage caused to a vehicle while it is in the dealer's possession for repair. However, general legal principles about bailment may apply. When you leave personal property in someone else's care, that person has a duty to take reasonable steps to protect it.
Whether a dealer bears responsibility for storm damage often depends on the specific facts: Was the storm foreseeable? Did the dealer take reasonable precautions? What does your sales or service agreement say?
This is a separate question from your lemon law rights, and the two issues may run at the same time. Many consumers in this situation benefit from understanding both angles before making decisions.
Loaner Vehicles and Your Rights During the Repair Period
Some manufacturers provide loaner vehicles while your car is in for repair. The availability of a loaner does not stop the days-out-of-service clock under Florida's Lemon Law. The statute looks at whether your vehicle is out of service for repair, not whether you had alternate transportation.
If a hurricane delays the return of your car, ask the dealership to document in writing the dates the car was checked in, when the storm occurred, and when repairs resumed. That documentation protects you no matter which direction your claim goes.