California Lemon Law for Cars With Missing Safety Equipment

If your new or warrantied car was delivered without required safety features—or it’s been stuck at the dealer because crucial safety parts are on backorder—you’re not alone. California’s Lemon Law can apply when missing or nonfunctional safety equipment substantially affects a vehicle’s use, value, or safety. This article explains how “missing safety equipment” issues fit into California law and what steps you can take to protect your rights, including when to contact ZapLemon for help.

California Lemon Law: Missing Safety Equipment Guide

Under California’s Lemon Law (the Song-Beverly Consumer Warranty Act), a vehicle may qualify as a “lemon” if a defect covered by the manufacturer’s warranty substantially impairs its use, value, or safety and the manufacturer or its authorized dealer can’t fix it after a reasonable number of attempts. Missing safety equipment often fits squarely into the “safety” part of that test. Examples include cars delivered without an airbag module, seat belt hardware, a functioning backup camera, or with disabled advanced driver-assistance systems (ADAS) like forward collision warning because sensors are missing or unable to be calibrated. If these issues persist despite repair opportunities, you may have rights under the law.

“Missing” can mean different things in real-world situations. Sometimes the vehicle arrives incomplete from the factory or is sold with a dealer “we-owe” (also called a due bill) promising to install safety parts later. Other times, the car goes in for a repair or recall and the dealer removes a safety component but can’t reinstall it due to parts shortages. Even if the car technically “runs,” the lack of a required safety feature can make it unsafe to drive, reduce its resale value, and keep it off the road for extended periods. California’s Lemon Law looks at both repair attempts and cumulative days out of service, which can add up fast when safety parts are on backorder.

California also has a “lemon law presumption” for the first 18 months or 18,000 miles: if the same issue has been repaired multiple times, causes conditions likely to result in serious injury or death and hasn’t been fixed after two attempts, or if the vehicle has been out of service for 30 or more total days, the law presumes the manufacturer had a reasonable chance to fix it. That presumption is not the only path forward—you may still have a claim outside that window—but it illustrates how missing safety equipment can be treated as substantial. Remedies under the law may include a repurchase (buyback) or a replacement vehicle, plus certain incidental damages; any outcome depends on the facts, warranty coverage, and the manufacturer’s response.

Steps to Document Defects and Seek Help from ZapLemon

Start by documenting everything. Take dated photos or videos showing the missing equipment or dashboard warnings (for example, “Airbag System Service Required” or “Camera Unavailable”). Keep copies of your purchase or lease paperwork, especially any due-bill or “we-owe” listing promised safety items, and every repair order and invoice. Note each day your vehicle is in the shop or undrivable due to safety issues. If the dealership says parts are delayed, ask for that in writing. This kind of recordkeeping is often crucial when evaluating whether the manufacturer had a reasonable opportunity to repair.

Check your warranty and recall status. Confirm that the issue is covered by the manufacturer’s new-vehicle warranty or any remaining certified pre-owned warranty. Look up open recalls by entering your VIN at NHTSA.gov/recalls. If your car is stuck at the dealer awaiting recall parts, record those “out of service” days. If the vehicle was delivered new with missing required safety features (like a backup camera on 2018+ models), make sure the sales documents reflect what was promised and what’s still outstanding.