Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
If your vehicle’s advanced safety features aren’t working as they should, you’re not alone—and you may be wondering whether California’s Lemon Law can help. Modern cars rely on complex software and sensors for critical systems like automatic emergency braking, lane-keeping assist, airbags, backup cameras, and blind-spot monitoring. When those systems malfunction, it can affect your confidence behind the wheel and, in some cases, your safety. The information below explains how safety feature failures can intersect with California Lemon Law, what counts as a repair attempt, and steps you can take to protect your rights. This article is for general informational purposes only and is not legal advice.
Safety Feature Failures and California Lemon Law
California’s Lemon Law, part of the Song-Beverly Consumer Warranty Act, covers new vehicles—and some used vehicles sold with an express warranty—when a defect substantially impairs the car’s use, value, or safety and the manufacturer can’t fix it after a reasonable number of attempts. Safety feature malfunctions often go to the heart of “safety,” and repeated failures may meet that standard. Even if the car still runs, defects in systems designed to prevent collisions or protect occupants may qualify as more than a mere annoyance.
Common safety-related issues include: airbags or seatbelt pretensioners showing warning lights or failing self-checks; ABS/ESC lights that come and go; lane-keeping assist that ping-pongs or drifts unexpectedly; forward collision warning or automatic emergency braking that triggers false alarms or fails to engage; blind-spot monitoring that misses vehicles; backup cameras that intermittently black out; and pedestrian detection or driver-monitoring systems that behave unpredictably. These problems are often intermittent and software-driven, which can make them harder to diagnose—but they still count.
California law also includes a “presumption” that can apply within the first 18 months or 18,000 miles, whichever comes first. Generally, the presumption may be triggered if: two or more repair attempts are made for a defect likely to cause death or serious injury; four or more attempts are made for other defects; or the vehicle is out of service for repairs for a total of 30 or more days. This presumption shifts the burden to the manufacturer, though it’s not the only way to prove a lemon. Remedies can include a repurchase or replacement in qualifying cases, but outcomes depend on specific facts and law—consultation is necessary for guidance.
Repair Attempts, Warranty Coverage, and Your Rights
A “repair attempt” typically means you presented the vehicle to an authorized dealer for diagnosis or repair under warranty. That can include software updates, recalibrations, and component replacements. If a malfunction is intermittent, it still helps to take the car in each time it happens. Keep copies of every work order and invoice, even if the dealer writes “could not duplicate.” Track the dates the vehicle is at the shop—California’s 30-day rule is cumulative, not necessarily consecutive.
Warranty coverage matters. The Lemon Law generally applies to new vehicles and to used vehicles sold with the manufacturer’s new car warranty still in effect, a certified pre-owned warranty, or another express warranty. If a safety feature problem began during the warranty and continues after, you may still have rights. Recalls and technical service bulletins (TSBs) may intersect with warranty repairs, but they’re not the same thing. Aftermarket modifications or damage can complicate coverage, so it’s important to review your paperwork and warranty terms.
Practical next steps: document symptoms with dates, mileage, photos or videos of warnings, and any dash messages; describe safety concerns clearly when you check in for service; request that the dealer note all complaints on the repair order; and ask for a copy when you pick up the vehicle. If problems persist, consider opening a case with the manufacturer and saving that case number. Because every situation is unique, the safest way to understand your options is to speak with a lawyer who handles California Lemon Law. ZapLemon can evaluate your circumstances and help you understand potential next steps.
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Use the case-review form to share the warranty, repair orders, dates, mileage, and supporting facts an attorney would need to evaluate, or call (844) 927-5366.
Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.