Advanced driver assistance systems (ADAS) like lane-keeping, adaptive cruise control, automatic emergency braking, blind-spot monitoring, and driver-monitoring cameras are now standard in many new cars. When these features glitch—phantom braking on the freeway, drifting in the lane, or cameras going black—drivers rightly worry about safety and what the law can do. This article explains, in plain English, how California’s Lemon Law can apply to ADAS technology and what steps to take if those systems keep failing. It’s educational information only, not legal advice, and a consultation is always needed for guidance on your specific situation.
How California Lemon Law Applies to ADAS Tech
California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) can apply to software-driven components just like it applies to engines and transmissions. If an ADAS defect covered by the manufacturer’s warranty “substantially impairs” the vehicle’s use, value, or safety, and the manufacturer or its authorized dealer can’t fix it after a reasonable number of attempts, you may have remedies such as a repurchase or replacement. ADAS is not “extra”—it’s part of the vehicle you paid for, and when it malfunctions in a material way, it can be treated as a defect.
In practice, ADAS defects show up in ways that affect everyday driving. Think of repeated phantom braking on open highways, lane-keeping that pulls the car toward the shoulder, adaptive cruise surging or failing to respond, a forward camera that constantly needs “calibration,” or a rear-view camera that freezes. Over-the-air (OTA) updates that temporarily patch the issue—only for it to return—still count as repair attempts when performed under warranty. Even “no problem found” repair orders matter; they document you sought help and the system didn’t work as intended.
California law includes a presumption that a car is a lemon in certain scenarios within the first 18 months or 18,000 miles (whichever comes first), such as when a serious safety defect isn’t fixed after a small number of tries, less-serious issues persist after more attempts, or the car is out of service for 30+ cumulative days for warranty repairs. ADAS problems often implicate safety, especially when braking, steering assistance, or collision-avoidance systems misbehave. Every case turns on its facts, so documentation is crucial and timelines matter.
What to Do If Driver Assistance Systems Fail
First, focus on safety. If an ADAS feature behaves unpredictably, disable that feature if your manual allows, and drive to a safe location. Schedule service promptly with an authorized dealer, describe the symptoms in plain detail (speeds, conditions, weather, warnings you saw), and ask that the concern be documented on the repair order. Keep copies of every repair invoice, software update note, and calibration report. If you can safely capture a brief video of the malfunction, that can help technicians reproduce the issue.
Second, track patterns and escalate when needed. Note dates, mileage, and conditions when the problem occurs. Ask the dealer to check for technical service bulletins (TSBs), software patches, and sensor/camera calibrations, especially after windshield or bumper work. Request a case number with the manufacturer’s customer care and keep all communications. If the vehicle is in the shop multiple times or for extended days, ask for a loaner or reimbursement if your warranty provides it. Don’t ignore OTA update prompts, but keep records of what updates were installed and when.
Third, learn your rights and consider a consultation. Review your warranty booklet for coverage and exclusions. California Lemon Law may offer remedies if a substantial ADAS defect persists after a reasonable number of repair attempts, but outcomes depend on facts like repair history, timing, and severity. Strict deadlines can apply. Speaking with a consumer attorney can help you understand next steps, but only a signed agreement creates an attorney–client relationship. ZapLemon can review your documentation and help you evaluate options based on California law and your specific repair history.
This article is for informational purposes only, does not constitute legal advice, and reading it does not create an attorney–client relationship with ZapLemon. Past results, if any, do not guarantee future outcomes. If you believe your vehicle’s driver assistance systems are defective and may qualify under California’s Lemon Law, contact ZapLemon for a consultation at [phone number] or visit [website]. Bring your repair orders, dates, and any videos or photos so we can discuss your situation and potential next steps. Attorney advertising.