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 an airbag doesn’t deploy in a crash, it’s more than frustrating—it’s scary. In California, the Song-Beverly Consumer Warranty Act (often called the California Lemon Law) can apply to serious safety defects, including airbag deployment failures, if the issue persists under warranty and isn’t fixed after a reasonable number of attempts. Below, ZapLemon explains how the law generally works and what practical steps you can take to document problems, without giving legal advice or guaranteeing results.
When Airbags Don’t Deploy: California Lemon Basics
California’s Lemon Law protects consumers when a vehicle covered by the manufacturer’s warranty has defects that substantially impair use, value, or safety, and the manufacturer or its authorized dealer can’t fix them after a reasonable number of attempts. Airbag systems are safety-critical; problems with sensors, modules, wiring, or the SRS (Supplemental Restraint System) can pose serious risks. If your vehicle’s airbags failed to deploy in a qualifying crash and the system fault can’t be remedied under warranty after repeated attempts, the situation may fall within Lemon Law territory.
California also has a legal “presumption” that can make a claim easier to prove during the first 18 months or 18,000 miles, whichever comes first. Under that presumption, a vehicle may be presumed a lemon if, among other criteria, there were two or more repair attempts for a defect likely to cause death or serious injury (such as an airbag failure), four or more attempts for the same problem, or 30 or more total days out of service for warranty repairs. Even if you’re outside those time or mileage markers, you may still have rights under the law—the presumption just doesn’t automatically apply.
If your vehicle qualifies, potential remedies under the law can include a repurchase (buyback) or replacement, plus possible reimbursement of certain incidental charges, subject to offsets allowed by statute. Not every non-deployment is a defect—airbags are designed to deploy only under certain crash conditions, and low-speed or off-angle impacts may not trigger deployment. Each case is fact-specific. This article is for general information only; for advice about your situation, consult a lawyer. ZapLemon can review your records and help you understand your options.
Signs, Records, and Warranty Steps After Airbag Failures
Warning signs of an airbag or SRS issue can include a lit or flashing “SRS” or airbag light, a “Passenger Airbag Off” indicator that seems wrong for the situation, persistent chimes, or intermittent fault messages that come and go. After a collision, a non-deployment coupled with stored SRS fault codes can indicate a system problem, but it’s important to remember that not every crash should cause airbags to deploy. Many systems rely on crash sensors, seat-occupant sensors, the clockspring in the steering wheel, the control module, and wiring harnesses—all of which can malfunction.
Documentation is key. Photograph any dashboard warnings and keep copies of all repair orders, estimates, and invoices. When visiting the dealer, ask that your complaint be written exactly as you describe it (for example: “driver airbag did not deploy in front-end crash” or “SRS light returns after repair”). Request that the repair order include the diagnostic trouble codes (DTCs) and the technician’s findings. Avoid clearing codes yourself or disconnecting the battery, as that can erase valuable evidence. Check your VIN for open recalls at the National Highway Traffic Safety Administration’s website and save screenshots.
Use your warranty. Airbag and SRS concerns should be evaluated and repaired by an authorized dealer. If the vehicle is unsafe to drive, consider towing it to the dealer. Keep a log of dates in the shop, mileage, and what was done at each visit. If the problem continues after multiple repair attempts or the car spends extended time out of service for the same issue, you can escalate to the manufacturer’s customer care line and request a case number. When you’re ready to talk through your options, contact ZapLemon for a consultation to see whether your circumstances may fit California’s Lemon Law framework.
Legal disclaimer: Attorney advertising. This article is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with ZapLemon. Laws and outcomes vary based on specific facts; consult an attorney about your situation before taking action.
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Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.