Finding out at delivery that your new car is missing safety equipment—like airbags, seat-belt components, a backup camera, or key driver-assistance sensors—can be alarming. In California, problems like these may fall under the state’s lemon law when the vehicle does not conform to its warranty and the manufacturer fails to fix the issue within a reasonable number of attempts. Below, ZapLemon explains how the California Lemon Law can apply to missing safety equipment at delivery, and what steps you can take to protect your rights.
How California Lemon Law Covers Missing Safety Equipment
California’s lemon law (the Song-Beverly Consumer Warranty Act) requires manufacturers to repair a new vehicle so it conforms to the express warranty. If your vehicle arrives missing promised safety equipment—such as a passenger airbag module, seat belt pretensioners, tire pressure monitoring sensors, or a required rearview camera—and the manufacturer or its authorized dealer can’t correct it after a reasonable number of attempts, the law may provide remedies. The core issue is “nonconformity”: the car you received does not match what was warranted or represented.
In practice, a vehicle can be a lemon even if it is “brand new” but delivered with missing parts or features listed on the window sticker or warranty materials. California also has a legal presumption (often called the Tanner presumption) that kicks in during the first 18 months or 18,000 miles if certain thresholds are met—for example, two or more repair attempts for a defect likely to cause serious injury or death, four or more attempts for other substantial issues, or 30 total days out of service. While the presumption helps consumers, it is not the only way to prove a claim; missing safety equipment that the manufacturer fails to timely supply or install can still qualify without it.
It’s important to distinguish the dealer’s sales promises from the manufacturer’s warranty obligations. Dealers often issue a “due bill” or “we-owe” listing items they will install after delivery. If the missing safety equipment is backed by the manufacturer’s warranty—or is part of the vehicle as represented—then the manufacturer typically remains responsible for ensuring conformity. If the problem isn’t fixed after a reasonable opportunity, potential remedies under Song-Beverly can include repurchase or replacement, as well as incidental damages, although any outcome depends on specific facts and documentation.
What to Do if Safety Equipment Is Missing at Delivery
Before driving off the lot, carefully inspect the car and compare it to the window sticker, build sheet, and purchase or lease contract. If safety equipment is missing, ask the dealer to put it in writing on a due bill with clear descriptions, part numbers if available, and an estimated completion date. Take photographs or short videos of what’s missing, save copies of all paperwork, and note the names of dealership staff you spoke with. The goal is to create a clear record that the vehicle did not conform at delivery.
If you’ve already taken the car home, promptly schedule service at an authorized dealer and open a warranty claim with the manufacturer’s customer care line. Each time you bring the car in, ask for a detailed repair order that states what is missing, the steps taken to fix it, parts ordered, and estimated timelines. Keep track of every day the car is in the shop or is unsafe to operate because the safety equipment is missing. Avoid self-installing parts or using aftermarket fixes that could complicate warranty coverage unless your manufacturer approves it in writing.
If the missing safety equipment is not corrected after a reasonable number of attempts—or your vehicle is out of service for an extended period—consider speaking with a California lemon law attorney. Other consumer protections may also apply, such as federal warranty law, and in some cases advertising or sales-practice statutes, depending on what was promised. This is where a consultation helps: an attorney can review your documents, timelines, and communications to evaluate options. ZapLemon can analyze your situation, explain the process, and discuss next steps appropriate to your facts.
Missing safety equipment at delivery is more than an inconvenience—it can be a serious nonconformity that undermines the safety, value, and use of your vehicle. California’s lemon law may help if the manufacturer cannot timely deliver and install the promised safety components after a reasonable opportunity to fix the issue. The most important things you can do right now are to document everything, stay within the authorized warranty repair process, and keep copies of all repair orders and communications.
This article is for general informational purposes only, is not legal advice, and does not create an attorney–client relationship. Results depend on the specific facts of each case, and no outcome is guaranteed. If you believe your vehicle may qualify as a lemon or you have questions about missing safety equipment at delivery, contact ZapLemon for a consultation at [phone number] or visit [website]. We’re here to help you understand your rights and options under California law.