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.
Today’s cars run on code as much as they run on fuel. When software glitches cause repeated shutdowns, safety warnings, or charging failures, the problem can feel just as serious as a mechanical breakdown. This post explains how California Lemon Law can apply to software-related defects, what to document, and how ZapLemon can help you explore your options.
Do Software Glitches Qualify Under CA Lemon Law?
California’s Lemon Law (the Song-Beverly Consumer Warranty Act) generally covers vehicles with defects that substantially impair use, value, or safety while the car is under the manufacturer’s warranty. If the manufacturer or its dealers cannot fix the issue after a reasonable number of attempts, you may be entitled to remedies that can include repurchase or replacement. In modern vehicles, software controls everything from braking and steering assistance to battery management—so a software defect can qualify if it meets the law’s criteria.
Not every bug will rise to the level of a “lemon.” A minor infotainment hiccup might be annoying, but repeated system crashes that disable the backup camera, cluster, or emergency calling could be more serious. Issues like phantom braking, power loss due to faulty code, failed over-the-air (OTA) updates that brick modules, or EV charging software that repeatedly prevents charging can substantially impair use or safety. California’s “presumption” guidelines often referenced by consumers include situations like multiple repair attempts for the same defect or significant days out of service early in ownership; however, vehicles can still qualify outside of those guidelines depending on the facts and warranty coverage.
Warranty status matters. The law generally applies while the manufacturer’s new-vehicle or certified pre-owned warranty is in effect. OTA updates, module reprogramming, and software patches typically count as repair attempts when performed by the manufacturer or dealer. Technical Service Bulletins (TSBs) and recalls can indicate known issues, and modifications or unsupported aftermarket coding may complicate coverage. Review your warranty booklet, keep detailed records, and consider speaking with a professional to evaluate your situation.
Examples, Records, and Next Steps with ZapLemon
Common software-related problems we hear about include infotainment systems that reboot in a loop, Apple CarPlay/Android Auto that repeatedly disconnects, and instrument clusters that freeze or go dark. Drivers also report advanced driver-assistance issues like lane-keep alerts triggering erratically, adaptive cruise “phantom” braking, and forward collision warnings failing to engage. EV owners sometimes face battery management software that misreports range, charge-port handshakes that fail at public stations, or OTA updates that disable features until another patch arrives.
Your paperwork can make or break a lemon claim. Save every repair order and invoice, and make sure the service advisor accurately describes your complaint (e.g., “system reboots every 10 minutes,” “phantom braking on highway,” “DC fast charging fails at 20%”). Note dates, mileage in/out, and the number of days your vehicle was out of service. Capture screenshots or short videos of the issue when it happens, record software/firmware version numbers shown on the screen, and keep towing receipts, rental or loaner agreements, and any emails or texts with the dealer or manufacturer. If the dealer says “could not duplicate,” ask that language to be written on the repair order and retain a copy.
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.