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.
When your windshield wipers fail in California rain, it’s more than an annoyance—it’s a safety issue. Under California’s Lemon Law (the Song-Beverly Consumer Warranty Act), repeated wiper malfunctions during the warranty period can be a sign your vehicle may qualify for lemon law remedies. This article explains, in plain language, how the law can apply to wiper defects and what steps you can take to document the problem. It’s informational only, not legal advice. If you’re dealing with ongoing wiper issues, ZapLemon can help you understand your options.
How California Lemon Law Applies to Wiper Defects
California’s Lemon Law covers new vehicles—and many used vehicles—sold or leased with the manufacturer’s written warranty. If a defect substantially impairs the vehicle’s use, value, or safety, and the manufacturer or its authorized dealers cannot fix it after a reasonable number of attempts, you may be entitled to remedies under the law. Windshield wiper problems often affect safety because they impact visibility, especially during rain or highway driving.
The law includes a “Lemon Law Presumption” within the first 18 months or 18,000 miles (whichever comes first). During this window, a vehicle is presumed to be a lemon if: (1) a serious safety defect—one likely to cause death or serious injury—has been subject to repair two or more times; (2) a non-safety defect has been subject to repair four or more times; or (3) the vehicle has been out of service for repairs for a total of 30 or more days. Wiper failures that cause sudden loss of visibility can be argued as safety-related, but every situation is fact-specific. Importantly, you can still pursue a claim even if you’re outside the presumption period, so long as the defect arose under warranty and the manufacturer had a reasonable chance to fix it.
What counts as a qualifying “wiper defect”? Examples include intermittent or total failure of the wiper motor, wipers stopping mid-sweep, speed settings not working, automatic rain-sensing systems that misread or shut off, electrical/control module faults, washer pump or nozzle failures that prevent cleaning, or repeated linkage or fuse failures. Normal wear items like old blades may not qualify on their own, but repeated, warranty-covered mechanical or electronic failures often do. Remedies can include repurchase (buyback), replacement, or a negotiated cash-and-keep settlement, depending on the facts. Outcomes vary, and you should speak with a professional about your specific situation.
Steps to Document Wiper Defects and Repairs
Start by capturing the problem clearly. Take short videos showing the malfunction—such as wipers failing in the rain, stopping mid-sweep, or washers not spraying—and note the date, mileage, speed, and weather conditions. If the issue is intermittent, try to replicate the same conditions (e.g., highway speed in light rain or during heavy downpour). Avoid do-it-yourself electrical fixes while under warranty; instead, bring the car to an authorized dealer as soon as you can.
At the dealership, describe the safety impact in plain terms: loss of visibility, sudden stoppage, or inability to clear the windshield. Ask the service advisor to write your exact complaint on the repair order, and request that “cause” and “correction” are completed by the technician. Save copies of every repair order and invoice, including warranty notations, parts replaced, and TSBs (Technical Service Bulletins) checked. If they test-drive or observe the issue, ask that those details are recorded. If the dealer can’t duplicate the problem, ask them to note what steps were taken to try to reproduce it.
Keep a log of all repair attempts and time without the vehicle, including tow receipts, rental or rideshare costs, and communications with the manufacturer’s customer care. Review your warranty booklet to confirm coverage and follow any instructions for opening a case number with the manufacturer. If the problem persists after multiple visits—or the vehicle spends significant time in the shop—consider consulting a lemon law professional. Do not stop making car payments while you explore your options. For a free, informational case review, reach out to ZapLemon.
Need a case-specific review?
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.