Defective Car Injury? California Lemon Law Claims Guide
TL;DR: If a warranted vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer cannot fix it after a reasonable number of attempts, California’s Song-Beverly Consumer Warranty Act may require a repurchase or replacement. If the defect caused a crash or injury, you may also have separate personal injury or product liability claims. Act promptly and keep detailed repair and medical records. See the sources linked throughout and contact a California attorney to assess your specific facts.
Last reviewed: August 25, 2025
Who This Guide Is For
This guide is for California vehicle owners and lessees facing serious or safety-related defects, or anyone injured because a vehicle failed to perform as warranted. It can also help families assisting an injured driver or passenger.
California Lemon Law Basics
California’s Song-Beverly Consumer Warranty Act (the “Lemon Law”) protects purchasers and lessees of warranted motor vehicles. If a defect covered by the manufacturer’s warranty substantially impairs the vehicle’s use, value, or safety, and the manufacturer (through its authorized dealers) cannot repair it after a reasonable number of attempts, the manufacturer must promptly repurchase or replace the vehicle, and may owe incidental or other damages. These remedies run against the manufacturer. See California Civil Code §§ 1793.2(d), 1794; see also consumer guidance from the Department of Consumer Affairs and the Attorney General.
Coverage can extend to some used vehicles if they are still within the manufacturer’s new-vehicle warranty period. See DCA guidance.
Lemon Law vs. Personal Injury/Product Liability
Lemon Law focuses on warranty remedies for defective vehicles—repurchase, replacement, and related damages. If a defect causes a crash or injury, separate negligence or product liability claims may be available, which can include medical expenses, lost income, pain and suffering, and other damages. These claims are distinct from warranty remedies and have different proof requirements and timelines.
What Counts as a Defect
A qualifying defect is typically one covered by the manufacturer’s warranty that substantially impairs use, value, or safety. Examples include braking failures, steering issues, stalling, electrical faults affecting airbags or stability systems, fuel system defects, transmission failures, and recurring software malfunctions. Wear-and-tear items or problems caused by misuse or unauthorized modifications are usually excluded. See DCA.
Reasonable Repair Attempts and Opportunity to Repair
You generally must give the manufacturer (through an authorized dealer) a reasonable opportunity to repair and keep documentation of each attempt. See Cal. Civ. Code § 1793.2.
California also provides a statutory presumption (often called the Tanner Consumer Protection Act) to help show a reasonable number of attempts for new vehicles within the first 18 months or 18,000 miles, whichever occurs first. The presumption may arise if, for example, (1) the same defect has been subject to repair four or more times and continues; (2) a defect likely to cause death or serious bodily injury has been subject to repair two or more times and continues (with required notice, if applicable); or (3) the vehicle has been out of service for repairs for a cumulative total of more than 30 days. See Cal. Civ. Code § 1793.22(b). Even if you are outside these thresholds, you may still qualify based on the overall circumstances.
Evidence to Preserve
- Purchase/lease contract, warranty booklet, and any extended warranty documents
- All repair orders, invoices, and recall notices
- Inspection reports, diagnostic codes, and communications with the dealer or manufacturer
- Photos/videos and a log of symptoms, dates, and mileage
- For injuries: medical records, bills, time-off work documentation, and accident reports
- Event data recorder information preserved by qualified professionals
Dealing With Safety Recalls and Technical Service Bulletins
Check for open recalls and schedule repairs promptly; keep records of all recall work. A recall does not eliminate potential Lemon Law or injury claims, but it may affect repair opportunities and evidence. See NHTSA Recalls and California’s consumer guidance from the DCA.
Pro Tips
- Describe symptoms, not diagnoses; let the shop document findings in their words.
- Request that “customer states” and all test results appear on each repair order.
- Do not reset warning lights or clear codes before a service visit.
- If the vehicle is unsafe, arrange towing rather than driving it to the dealer.
Quick Checklist
- Confirm warranty status and mileage
- Schedule repairs with an authorized dealer
- Keep every repair order and invoice
- Log dates, mileage, and symptoms
- Collect recall notices and correspondence
- After any injury, seek treatment and save bills
- Consult a California attorney early
Potential Remedies
- Repurchase (buyback) or replacement of the vehicle under Lemon Law (Cal. Civ. Code § 1793.2(d))
- Incidental and other damages tied to the defect (Cal. Civ. Code § 1794)
- Civil penalties in certain willful-violation cases (up to two times actual damages) (Cal. Civ. Code § 1794(c), (e))
- For injury claims: compensation for medical expenses, lost wages, property damage, and pain and suffering under California tort law (separate from Lemon Law remedies)
Timing Considerations
Deadlines vary by claim type and facts, and can be short. Warranty, personal injury, and product liability claims may follow different statutes of limitation and notice requirements. Consult counsel promptly to protect your rights.
Practical First Steps
- Stop driving the vehicle if it is unsafe
- Schedule repairs with an authorized dealer; describe symptoms precisely and request they be recorded on the repair order
- Keep copies of every repair order with dates, in/out mileage, and work performed
- Save all communications with the dealer and the manufacturer
- Photograph or video the problem when it occurs
- After any injury, seek medical attention and follow treatment plans
- Speak with a California consumer protection or injury attorney early
How a Lawyer Can Help
An attorney can evaluate whether your facts fit Song-Beverly standards (and any statutory presumptions), preserve and obtain repair/diagnostic evidence, coordinate expert inspections, calculate buyback or replacement remedies, assess potential civil penalties, and pursue parallel personal injury or product liability claims where injuries are involved.
Frequently Asked Questions
Does a used car qualify?
Possibly—if the manufacturer’s new-vehicle warranty still applies. Coverage depends on warranty status and the facts. See DCA guidance.
Do I need to use the same dealer for repairs?
Any authorized dealer can generally perform warranty work. Using authorized service and keeping consistent documentation helps.
What if the defect is intermittent?
Intermittent problems can qualify. Describe symptoms clearly and ensure the repair order accurately reflects them.
How many repair attempts are needed?
There is no universal number. California’s presumption may arise within 18 months/18,000 miles at 2 attempts for serious safety defects, 4 attempts for other defects, or 30+ cumulative days out of service, but claims can succeed outside the presumption. See Cal. Civ. Code § 1793.22(b).
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Ready to talk? If you believe you have a defective vehicle or injury claim, contact us to discuss your options.
Disclaimer (California): This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and can vary based on your situation—consult a qualified California attorney about your specific facts.
