California Lemon Law for EV Safety Systems That Malfunction

Electric vehicles rely on complex safety systems—automatic emergency braking, lane-keeping assist, traction and stability control, battery management, high‑voltage isolation monitors, and more. When these systems malfunction, drivers can experience warning lights, “phantom braking,” loss of power, or features that switch off without notice. If these problems keep coming back while the car is under the manufacturer’s warranty, California’s Lemon Law may provide remedies. The information below explains the basics in plain language so you can recognize issues, document them, and understand your options.

California Lemon Law for EV Safety System Failures

California’s Lemon Law (part of the Song‑Beverly Consumer Warranty Act) generally applies when a vehicle has a defect covered by the manufacturer’s warranty that substantially impairs its use, value, or safety and the manufacturer can’t fix it after a reasonable number of repair attempts. This can include EV-specific safety issues such as automatic emergency braking that engages incorrectly, lane‑keeping that veers or deactivates, persistent ABS or airbag lights, battery management faults that trigger sudden power limits, or high‑voltage isolation errors. New vehicles are covered, and some used, leased, and certified pre‑owned vehicles can be covered if they are still within the manufacturer’s warranty.

California law includes a helpful guideline called the “lemon law presumption” (often referred to as the Tanner presumption) within the first 18 months or 18,000 miles, whichever comes first. In general terms, the presumption may apply if: (1) there are two or more repair attempts for a safety defect that could cause serious injury or death, or (2) four or more attempts for the same non‑safety defect, or (3) the vehicle is out of service for repairs for a total of more than 30 days. These are not the only ways to prove a lemon—cases can succeed outside the presumption—so it’s important to look at the full repair history and warranty coverage.

If your EV qualifies, potential remedies under the law can include repurchase (buyback) or replacement, at the manufacturer’s option, plus possible reimbursement of incidental costs like towing or rental cars. Repurchases typically include a mileage offset for use before the first repair attempt. Importantly for EVs, software and sensor issues count: over‑the‑air updates, camera/radar calibrations, and firmware patches are repair attempts when they’re used to address covered defects. Every situation is fact‑specific, so outcomes depend on the evidence and the warranty terms.

Steps to Take: Repairs, Records, and Your Options

Start with safety. If a malfunction makes the EV unsafe to drive, consider parking it and arranging transport to the dealer. Check for recalls and service campaigns—some EV safety problems are addressed through recalls or technical service bulletins. When you visit the service department, clearly describe what you experience (e.g., “hard brake event on a clear road at 45 mph,” “lane‑keep pulls right on straight highway,” “HV isolation fault disables drive”). Ask for a road test with a technician if possible, and avoid resetting systems or clearing codes before service so the dealer can capture data.

Document everything. Keep copies of each repair order and final invoice showing your complaint, the technician’s findings, parts replaced, software versions, calibration steps performed, mileage in/out, and dates the car was out of service. Save screenshots of warnings, photos or short videos of the issue when safe to do so, and note the conditions (speed, weather, road type). For EVs, keep over‑the‑air update release notes, dates, and version numbers, and ask the dealer to record any sensor recalibrations after windshield or camera work. A simple timeline of events makes patterns clear and helps evaluate whether the legal standards may be met.

If problems persist, escalate. Open a case with the manufacturer, request a field technician if appropriate, and ask the dealer to note repeat occurrences. Review your warranty booklet to confirm coverage and any manufacturer dispute programs or arbitration options. California law has deadlines, and the number of repair attempts and days out of service matter, so consider a consultation to review your specific facts. An attorney can explain potential remedies—such as repurchase or replacement—and how they may apply to your situation. To explore your options, you can contact ZapLemon for a free, no‑obligation evaluation.