Engine Defects

Engine problems are some of the most serious defects a vehicle can have. They can leave you stranded, put you in danger on the road and cost thousands if the warranty doesn’t cover them. If your car, truck or SUV keeps going back to the dealer for the same engine problem, California’s lemon law may require the manufacturer to buy it back or replace it. Faler Law Group represents California drivers with defective vehicles.

Common Engine Problems

• Stalling, or the engine shutting off while you’re driving or stopped.
• Loss of power or the vehicle going into “limp” mode.
• Excessive oil consumption, where you have to add oil between changes.
• Overheating or losing coolant.
• Misfires, rough idling or a flashing check engine light.
• Knocking, ticking or rattling noises.
• Hard starting or no-start problems.
• Oil or coolant leaks, or smoke from the exhaust.
• Turbocharger failures on turbocharged engines.

When an Engine Defect Can Make a Vehicle a Lemon

Under California’s Song-Beverly Consumer Warranty Act, if a new vehicle has a defect covered by the manufacturer’s warranty that substantially impairs its use, value or safety, and the manufacturer or its dealers can’t fix it after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the purchase price. Engine defects often meet this standard.

The Tanner presumption (Civil Code section 1793.22) applies too. A vehicle is presumed to be a lemon if, within 18 months of delivery or 18,000 miles, whichever comes first:

• A defect likely to cause death or serious bodily injury was subject to repair two or more times,
• The same problem was subject to repair four or more times, or
• The vehicle was out of service for repairs for more than 30 days in total.

Notice and dispute-program requirements can also apply, and a vehicle can still qualify outside these guidelines. Learn how California lemon law works.

Engine Problems and Safety

A stall on the freeway, a sudden loss of power when merging, or an engine fire can put you and others in danger. When a defect is likely to cause death or serious injury, two repair attempts within the first 18 months or 18,000 miles can be enough to trigger the Tanner presumption. Tell the service advisor exactly what happened, including your speed and the traffic around you, and make sure it’s on the repair order.

Oil Consumption Tests and Engine Replacements

• Oil consumption tests. For oil consumption complaints, dealers often run a test over a set number of miles, with return visits to measure the oil level, before deciding on a repair. Each visit for the test is part of the manufacturer’s attempt to diagnose and fix the problem, so keep every repair order and ask for the results in writing.
• “Within specifications.” A dealer may say the oil consumption or another symptom is “normal” or “within specifications.” That doesn’t automatically end a claim, especially if the problem affects how the vehicle drives or keeps coming back.
• Engine replacements. Replacing the engine is a repair attempt. It doesn’t automatically end a lemon law claim, especially if the problem returns or the vehicle has already spent a long time in the shop.

Warranty Coverage for Engines

The engine is usually covered by both the manufacturer’s basic warranty and its powertrain warranty, which tends to last longer. A defect that first shows up while the warranty is in effect can support a lemon law claim, even if it’s after 18 months or 18,000 miles.

In California, many engine-related emissions parts are also covered by a separate emissions warranty, though it doesn’t cover the whole engine. For passenger cars, the general emissions warranty is 3 years or 50,000 miles, and certain high-cost emissions parts listed in your owner’s manual are covered for 7 years or 70,000 miles. Check your warranty booklet for the exact terms.

What to Do About Engine Problems

1. Take the vehicle in every time the problem happens. Each visit is a repair opportunity, and the record matters.
2. Describe the problem clearly, including when it happens and what warning lights or messages appeared. Check that the repair order says what you told them.
3. Keep every repair order, including ones that say “could not duplicate” or “within specifications.” Make sure each shows the dates and mileage in and out.
4. Keep a log if the problem is oil consumption: the date, mileage and how much oil you added. Keep the receipts.
5. Keep receipts for towing, rental cars and any repairs you paid for.
6. Don’t wait. Deadlines apply, and some manufacturers now require written notice before a lawsuit can be filed.

Dealing with a different problem? Learn more about California lemon law.

Engine Defects FAQ

Can engine problems make my car a lemon in California?

Yes. If an engine defect covered by the manufacturer’s warranty isn’t fixed after a reasonable number of repair attempts, the manufacturer may have to buy back or replace the vehicle. Engine problems often qualify because they affect how the vehicle drives, how safe it is and what it’s worth.

My engine stalls while I’m driving. Is that a safety defect?

It can be. A stall at speed or in traffic can cause a crash. When a defect is likely to cause death or serious injury, two repair attempts within the first 18 months or 18,000 miles can be enough to trigger the Tanner presumption. Tell the dealer exactly what happened and make sure it’s on the repair order.

The dealer wants to do an oil consumption test. Does that count?

It can. An oil consumption test is part of diagnosing your complaint, so keep the paperwork for every visit, including when the test started, when it ended and the results. If the dealer says the consumption is “within specifications,” ask for that in writing.

If the manufacturer replaces my engine, does my lemon law claim go away?

Not necessarily. An engine replacement is a repair attempt. If the problem comes back, or the vehicle has been in the shop many times or for a long time, you may still have a claim. Don’t sign anything from the manufacturer about the replacement without reading it carefully.

Does the warranty cover my engine after the basic warranty ends?

Often, yes. The engine is usually covered by the manufacturer’s powertrain warranty, which tends to last longer than the basic warranty. In California, some engine-related emissions parts also have their own emissions warranty coverage. Check your warranty booklet for the exact terms.