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.
Collision avoidance features—like automatic emergency braking, forward collision warning, and pedestrian detection—are supposed to reduce crashes, not cause them. When these advanced driver-assistance systems (ADAS) misfire, they can create real safety risks, from sudden “phantom braking” to failing to alert you in time. If your vehicle’s collision avoidance system keeps acting up despite multiple repair attempts, you may be wondering whether California’s Lemon Law can help. Below, we explain how the law treats safety-related electronic defects and what steps you can take to protect your rights, all in clear, everyday language.
Does California Lemon Law Cover Collision Avoidance Defects?
California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) can cover defects in collision avoidance systems if the problems occur under the manufacturer’s warranty and they substantially impair the vehicle’s use, value, or safety. That includes software glitches, faulty sensors or cameras, miscalibrated radar after repairs, or intermittent failures that make the system unreliable. In practical terms, if your vehicle frequently false-brakes on the freeway, ignores obstacles, or throws recurring ADAS warnings, those issues may be treated like any other serious defect under the law.
California also has a “presumption” that helps consumers in the first 18 months or 18,000 miles from delivery: the law presumes your car is a lemon if the manufacturer or dealer made a reasonable number of repair attempts—generally two or more for a defect likely to cause serious injury or death, four or more for other defects, or if the car was out of service for 30 or more cumulative days. This presumption is helpful but not required; vehicles outside those windows can still qualify depending on the facts. Software updates, reprogramming, and sensor recalibrations count as repair attempts when they are performed to fix the same problem.
Coverage depends on warranty status and cause. Manufacturer defects are treated differently from damage caused by collisions, aftermarket modifications, or poor-quality windshield replacements that obstruct sensors. For example, if your AEB fails because of a known software bug and the dealer can’t fix it after reasonable attempts, that may support a lemon claim. But if the defect stems from non-warranty causes—like an accident that misaligns sensors—Lemon Law coverage is less likely. When in doubt, review your warranty booklet and keep detailed repair records to understand what the manufacturer is responsible for.
Steps to Take: Records, Repairs, and Safety Concerns
Start by documenting every ADAS issue as it happens. Note the date, speed, road and weather conditions, dashboard messages, and any alerts or warning lights. Short videos or photos of warning messages can be helpful. When you visit the dealer, describe the symptoms precisely—“sudden hard braking on I‑5 near 65 mph with no car ahead,” or “no forward collision alert despite close closing distance”—and ask that your exact words be included on the repair order. Always take copies of repair orders and final invoices; these are the backbone of any Lemon Law evaluation.
Request that the dealer check for technical service bulletins (TSBs), software updates, sensor/camera calibrations, and wiring or module faults related to your collision avoidance system. If the issue is intermittent, ask for a road test with a technician and ensure they document any reproduced conditions. Keep records of loaner cars, rental expenses, and days your vehicle is out of service. If the problem keeps returning, contact the manufacturer’s customer care to open a case number—this shows you gave the manufacturer an opportunity to fix the defect.
Safety should come first. If your vehicle is unexpectedly braking, failing to warn of hazards, or otherwise behaving unpredictably, consider requesting a tow rather than driving it back to the dealer. Ask the service advisor to mark the concern as “safety-related” if appropriate. You can also report safety defects to NHTSA so patterns are documented. Remember, nothing here is legal advice; but in general, staying off the road when the car is unsafe, preserving evidence, and promptly seeking qualified help can protect your options. If you’re unsure what to do next, a consultation can help you understand the process and potential remedies without making any commitments.
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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.