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.
Discovering that your windshield wipers don’t work the day you take your car home is more than an inconvenience—it’s a safety issue. If you’re in California, the state’s Lemon Law may offer protections when a vehicle is delivered with defects under warranty, including inoperative wipers. Below, we explain how California’s Lemon Law applies to wiper failures at delivery and what steps you can take to document the problem and protect your rights.
California Lemon Law: Wipers Not Working at Delivery
California’s Lemon Law (the Song-Beverly Consumer Warranty Act) generally protects buyers and lessees when a new or warrantied used vehicle has defects covered by the manufacturer’s warranty that substantially impair use, value, or safety—and the manufacturer cannot fix them after a reasonable number of attempts. Windshield wipers that don’t work at delivery can qualify as a safety-related defect because you may not be able to safely see the road in rain or spray. The law can apply to new vehicles and many used vehicles sold with a manufacturer’s or dealer’s warranty.
The Lemon Law’s “presumption” guidelines provide one way to evaluate a claim in the first 18 months or 18,000 miles (whichever comes first). As a general rule, the presumption may be met if: (1) the vehicle has two or more repair attempts for a defect likely to cause death or serious bodily injury if driven, (2) four or more repair attempts for the same defect, or (3) the vehicle is out of service for repairs for a total of 30 or more days. Wiper failures can be safety-related, especially if the defect could prevent visibility in driving conditions you can reasonably expect to encounter. Even if you fall outside the presumption window, you may still have rights under the statute.
Real-world examples include wiper motors that fail intermittently, blown fuses or relays, a faulty stalk/switch, body control module glitches, rain sensor miscalibration on modern vehicles, or wiring harness issues that cause the wipers to stop mid-sweep. If the dealership can’t repair the defect within a reasonable number of tries, California’s Lemon Law may provide remedies such as repurchase (buyback) or replacement, plus certain incidental expenses. Every situation is fact-specific, and outcomes depend on your records, warranty coverage, timing, and the nature of the defect.
Steps to Document Wiper Defects and Protect Your Claim
If your wipers don’t work at delivery, report it to the dealer immediately and ask for a written repair order before you leave the lot. Describe exactly what happened in plain language, including weather conditions, speeds, dashboard warnings, and whether the wipers failed completely or worked intermittently. If it’s unsafe to drive, request towing or roadside assistance rather than driving in hazardous conditions. Keep copies of every document and receipt from day one.
When the dealer inspects or repairs the vehicle, confirm that each visit generates a repair order showing your complaint (“customer states wipers inoperative at delivery”), the technician’s findings, parts replaced, software updates, and dates in and out of service. If the problem repeats, return to an authorized dealer promptly and get another repair order—repeat documentation matters. Video clips or photos showing the failure can be helpful, especially for intermittent issues, but avoid DIY fixes that could complicate diagnostics or affect warranty coverage.
If the issue isn’t resolved, consider contacting the manufacturer’s customer care line to open a case number and summarize your timeline. Ask about technical service bulletins (TSBs) or recalls for wiper systems on your make and model. Track total days the vehicle is out of service, rental or rideshare expenses you incur, and any safety incidents tied to the wiper defect. Remember that California law is nuanced: whether a defect “substantially impairs” use, value, or safety—and whether repair attempts are “reasonable”—will depend on the specific facts and evidence in your file.
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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.