Safety Defects

Some vehicle defects are more than an inconvenience. When brakes, steering, airbags or other safety systems fail, the risk is a crash. California’s lemon law treats serious safety defects differently, and the manufacturer gets fewer chances to fix them. If your car, truck or SUV has a safety defect the dealer can’t fix, the manufacturer may have to buy it back or replace it. Faler Law Group represents California drivers with defective vehicles.

Common Safety Defects

• Brakes that fade, grind, pulse, feel soft or don’t stop the vehicle as they should.
• Steering that becomes hard to turn, pulls, locks up or loses power assist.
• Airbags with warning lights, deployment problems or recalled inflators.
• Seat belts that won’t latch, retract or lock properly.
• Sudden acceleration or a vehicle that surges or won’t slow down.
• Loss of power or stalling while driving.
• Fire risk, such as fuel or fluid leaks, melting wires or overheating batteries.
• Driver-assist failures, like sudden “phantom” braking or collision warnings that don’t work.
• Lighting failures, such as headlights or brake lights that go out.

Why Safety Defects Are Treated Differently

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.

For most problems, the Tanner presumption (Civil Code section 1793.22) looks for four or more repair attempts. For a defect that is likely to cause death or serious bodily injury if the vehicle is driven, the guideline drops to two. California law presumes the manufacturer has had a reasonable number of repair attempts if, within 18 months of delivery or 18,000 miles, whichever comes first:

• The safety defect was subject to repair two or more times, and
• You directly notified the manufacturer at least once, if the warranty or owner’s manual clearly required that notice.

The other Tanner guidelines still apply too: four or more repairs for the same problem, or more than 30 days out of service. And a vehicle can still qualify outside these guidelines. Learn how California lemon law works.

Safety Recalls and Lemon Law

When a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle has a safety defect, the manufacturer issues a recall and generally must fix the problem at no charge to owners. That obligation doesn’t apply to vehicles first sold more than 15 years before the recall. A recall and a lemon law claim are related but not the same:

• A recall alone doesn’t make a vehicle a lemon. Many recall repairs fix the problem the first time.
• Recall repairs can count. If your vehicle has the defect and the recall repair doesn’t fix it, or you’ve had other repairs for the same problem, those visits can be part of a lemon law claim.
• Waiting for parts matters. If your vehicle sits at the dealer waiting for recall parts, those days may count toward the 30-day Tanner guideline.

To check for open recalls, enter your vehicle identification number (VIN) at nhtsa.gov/recalls.

If Your Vehicle Isn’t Safe to Drive

• Don’t drive it if you believe it’s unsafe. Have it towed to the dealer and keep the receipt.
• Follow recall instructions, such as not driving the vehicle or parking it outside.
• Ask for a loaner or rental, and keep receipts for any transportation costs.
• Tell the service advisor exactly what happened, including your speed, the road and traffic, and any near-miss. Make sure it’s written on the repair order.

What to Do About a Safety Defect

1. Take the vehicle in right away each time the problem happens.
2. Keep every repair order, including recall repairs and visits marked “could not duplicate.” Make sure each shows your complaint, the dates and the mileage in and out.
3. Check your owner’s manual to see whether you must notify the manufacturer directly. If so, send the notice in writing and keep a copy.
4. Keep recall notices and any letters from the manufacturer.
5. Consider filing a complaint with NHTSA at nhtsa.gov, and keep a copy.
6. Don’t wait. Deadlines apply, and some manufacturers now require written notice before a lawsuit can be filed.

Dealing with a different problem? Read about engine defects and electrical defects, or learn more about California lemon law.

Safety Defects FAQ

How many repair attempts does a safety defect need to qualify as a lemon?

Under the Tanner presumption, California law presumes the manufacturer has had a reasonable number of repair attempts if, within 18 months or 18,000 miles, a defect likely to cause death or serious bodily injury was subject to repair two or more times, and you directly notified the manufacturer at least once, if the warranty or owner’s manual clearly required that. A vehicle can still qualify outside these guidelines.

Does a safety recall make my car a lemon?

Not by itself. A recall means a safety defect has been identified, and the manufacturer generally must fix it at no charge to owners. But if your vehicle has a defect and repair attempts, including recall repairs, haven’t fixed it, you may have a lemon law claim.

Should I keep driving a car with a safety defect?

If the vehicle isn’t safe to drive, don’t drive it. Have it towed to the dealer, keep the towing receipt, and ask about a loaner or rental. If a recall notice tells you not to drive the vehicle or to park it outside, follow those instructions.

How do I check if my car has an open recall?

Enter your 17-character vehicle identification number (VIN) at nhtsa.gov/recalls. You can also check the manufacturer’s website or ask the dealer. Keep any recall notices you receive in the mail.

Should I report a safety defect to NHTSA?

You can. The National Highway Traffic Safety Administration accepts vehicle safety complaints at nhtsa.gov. Complaints help NHTSA spot defect trends and can lead to investigations and recalls. A complaint isn’t required for a lemon law claim, but keep a copy if you file one.