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.
Electric vehicles run on lines of code as much as they do on batteries and motors. When that software glitches, drivers can face everything from frozen touchscreens to charging lockouts and malfunctioning driver-assistance features. This article explains how California’s lemon law treats EV software faults, what “reasonable repair attempts” can look like for over-the-air updates, and practical steps you can take if you’re stuck in a loop of service visits and failed fixes.
How California Lemon Law Applies to EV Software
California’s Lemon Law, the Song-Beverly Consumer Warranty Act, covers new and many used vehicles sold or leased with a manufacturer’s warranty—including electric vehicles. The law is not limited to hardware failures. If software issues arise under warranty and substantially impair the vehicle’s use, value, or safety, they can be treated as nonconformities just like engine or transmission problems. That means persistent firmware bugs, recurring error messages, or failed updates may be covered when they materially affect the way you drive, charge, or rely on safety systems.
A key concept is giving the manufacturer a “reasonable number” of opportunities to fix the problem. California’s legal presumption typically looks at repair history in the first 18 months or 18,000 miles, such as multiple attempts for the same issue or 30+ cumulative days out of service. Software repairs can include dealer-installed patches and over-the-air updates, but it’s important they are documented. If your vehicle receives remote diagnostics or updates, ask the service department to create a repair order so there’s a clear paper trail of version numbers, error codes, and dates.
Even if you fall outside the 18-month/18,000-mile presumption, you may still have rights under the warranty period if defects continue and the manufacturer can’t fix them within a reasonable time. Remedies under the law can include repurchase (buyback), replacement, or other relief depending on your situation, but outcomes vary and depend on facts like repair history, severity, and usage. The bottom line: software-only defects aren’t second-class problems—when they meaningfully interfere with use, value, or safety, they can be treated like any other covered defect.
Common EV Software Defects and Your Options
EV software problems show up in everyday ways drivers can easily recognize. Infotainment and instrument clusters that crash or freeze, blank backup-camera displays, phantom alarms, or a GPS that repeatedly loses location can all disrupt basic use. More serious issues include charging handshake failures that prevent fast-charging, thermal-management glitches that trigger sudden power limits, erratic regenerative braking behavior, or advanced driver-assistance systems (ADAS) that ping-pong, phantom brake, or unexpectedly disengage. Frequent prompts to “reboot the screen,” “recalibrate,” or “wait for the next OTA” that never resolves the issue are red flags when they recur.
If you’re experiencing software faults, start by documenting everything. Note dates, mileage, conditions (weather, speed, charger brand), and any warning messages; take photos or short videos when safe to do so. Each time you visit or contact the service center—yes, even for remote updates—request a detailed repair order showing your complaint, their diagnosis, the software/firmware version applied, and any error codes. Check your warranty booklet for coverage details, ensure your vehicle is seen by an authorized facility, and avoid aftermarket modifications that could complicate diagnosis or coverage.
When problems persist after repeated attempts or prolonged downtime, it may be time to learn about your rights under California’s lemon law and discuss your situation with a professional. Remember that certified pre-owned EVs and used vehicles still within the manufacturer’s warranty can also be covered. In the meantime, keep a running log, ask the dealer about technical service bulletins (TSBs) or recalls, and confirm that any proposed “fix” is recorded as an actual repair attempt—not just advice to wait for a future update. If you need help reviewing your repair history and options, the ZapLemon team is here to listen and explain next steps.
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.