Vehicles are more than just mechanical machines; they are moving computers
With the integration of software systems, our cars now come equipped with features like GPS navigation, infotainment systems, and even autonomous driving capabilities. However, even with all these advances, the risk of software glitches is a constant factor on the roads today.
This development in the auto industry has introduced a new set of challenges when dealing with vehicle reliability and safety. Fortunately, laws exist across the United States to protect consumers stuck with software defects – known as lemon law. The Magnuson-Moss Consumer Warranty Act – enacted in 1975 – is designed to hold manufacturers accountable for selling vehicles with defects.
However, each state has distinctive qualifications as to what qualifies a defective vehicle as a “lemon”. States like California offer some of the most consumer-friendly lemon laws in the country – extending eligibility to defects of all shapes and sizes.
In this post, we will explain how new-age vehicle software plays into lemon law claims.
Understanding Lemon Law in the Context of Software Issues
On a basic level, lemon laws provide a safety net for consumers facing recurring software defects in their vehicles – regardless of the brand.
By law, a “lemon” is a vehicle that has significant defects affecting its use, safety, or value, and this can include software-related problems.
For example, if your vehicle’s GPS or infotainment systems repeatedly fail (after multiple repair attempts by the manufacturer) — it might qualify as a lemon. The same legal standards apply, whether the issue is mechanical or software-based.
The most important factor in lemon law claims and software issues is documentation. There must be official records that prove the software defects constitute a lemon.
In the state of California, a “lemon” must meet the following criteria:
- The vehicle was covered under the original or dealer warranty when the software defect was first reported to the manufacturer.
- The software defect impairs the vehicle’s safety, usability, or value.
- The software defect was not caused by operator error or abuse.
- The manufacturer’s authorized repair technicians have been given a reasonable number of attempts to fix the software defect in question; or
- The vehicle has been out of service for repairs for 30 or more cumulative days.
Owners of defective vehicles need to gather all repair orders, invoices, and written communication with the manufacturer to prove their vehicle is a lemon.
Identifying Recurring Software Problems
Technological defects can be just as disruptive as mechanical ones – and they can take many forms. Identifying when a software issue qualifies a vehicle for a lemon law claim involves recognizing it as a recurring defect. More importantly, a substantial recurring defect.
For instance, ongoing failures in a vehicle’s autonomous driving software can severely interfere with a vehicle’s functionality – and create a significant risk of car accidents.
Software-related issues may not leave visible signs but can still result in repeated service visits, safety hazards, or systems that stop working as expected. These problems can arise from faulty codes, poor system integrations, or failed updates.
If a vehicle’s essential software systems do not perform reliably after multiple repair attempts, it may meet the legal threshold for a lemon. Software issues that affect core vehicle functions like braking, steering, or acceleration should not be overlooked, especially when they occur repeatedly.
Common auto software defects include:
- Malfunctioning autonomous driving systems (lane keeping, adaptive cruise control)
- Infotainment system freezing or crashing
- GPS/navigation errors or failure to load maps
- Inaccurate or malfunctioning backup cameras or sensors
- Remote start or keyless entry system glitches
- Sudden rebooting of digital dashboards
- OTA (over-the-air) update failures that cause new issues
- Battery management system errors in electric vehicles
- Unresponsive or delayed touchscreen commands
If you’re facing any of these issues, get in touch with the manufacturer immediately for a diagnosis and repair. If the repairs are unsuccessful, schedule a consultation with a CA lemon law lawyer.
The Importance of Proper Documentation
To reiterate, documentation makes or breaks lemon law claims.
It’s essential to maintain detailed records of every software glitch you experience – and each repair attempt.
Every repair visit should be documented, along with any communication with the dealership or manufacturer about the issue. Detailed records provide concrete evidence needed to support your case, showcasing a clear pattern of recurrent issues that impair your vehicle’s operation.
When you work with a lemon law attorney, they will help you gather and organize all the necessary documents to form your claim.
What does the Lemon Law Process Look Like with Software Defects?
Filing a lemon law claim focused on software issues involves several steps. Here is an overview of how the process works:
- Assess the Software Issue
Begin by thoroughly evaluating the software defect in your vehicle. Ensure that the issue is substantial and recurring, meeting the criteria for a Lemon Law claim.
- Document the Problem
Keep a record of all instances of the software malfunction, including dates, the nature of the defect, and any repairs or service attempts made. This documentation is crucial for building your case.
-
Report the Defect to the Manufacturer
Reach out to the dealership or manufacturer directly about the software glitch. With will create an official report. Keep in mind, the defect MUST be reported while the original warranty is still valid. Otherwise, your lemon law claim may be invalid.
- Consult with a Lemon Law Attorney
Find legal advice from an lemon law attorney in your state, particularly one with experience in software defects. They can help determine if your case qualifies and explain the next steps.
- Work with the Manufacturer
Your lemon law lawyer will help negotiate with the vehicle manufacturer or dealer. This may involve requesting a repair, replacement, or even a buyback, depending on the severity and recurrence of the software issue.
- Seek Litigation, If Necessary
If the manufacturer refuses to provide a fair settlement, your attorney may choose to take your claim to court – helping you navigate the process to seek rightful compensation.
Keep in mind, outcomes can range from buybacks to simple software updates.
Final Thought
Software issues in vehicles are legitimate grounds for lemon law claims.
Taking proactive steps like documenting issues and seeking legal advice from a lemon law lawyer are essential to earn a fair resolution. If you’re facing persistent software problems, it’s crucial to recognize the steps involved to seeking justice. Delaying the process will only weaken your claim.
