You’ve discovered a dangerous problem with your new car, but there’s no recall.
Can California’s lemon law still help you? Yes. And you don’t need to wait for the manufacturer to acknowledge it.
Too many drivers think lemon law only covers recalled defects.
That’s wrong, and it keeps people in unsafe vehicles longer than they should be.
California’s lemon law protects you from substantial safety defects whether or not there’s ever a recall.
What Counts as a Safety Defect
A safety defect is anything that creates a risk of injury or death to you, your passengers, or others on the road.
Brake failures, steering malfunctions, airbag issues, sudden acceleration—these are safety defects.
California’s lemon law (the Song-Beverly Consumer Warranty Act) doesn’t care if the manufacturer has issued a recall.
What matters is whether your vehicle has a substantial defect covered by warranty that can’t be fixed after a reasonable number of repair attempts.
If you’re wondering whether your car qualifies as a lemon, the defect needs to substantially impair your vehicle’s use, value, or safety.
Safety defects almost always meet this standard because they directly threaten people’s lives.
Here’s what qualifies:
- Braking system failures causing delayed stopping or complete brake loss
- Steering problems making the vehicle hard or impossible to control
- Engine or transmission issues causing stalling in traffic
- Electrical defects affecting critical safety features
- Structural problems compromising crash protection
- Airbag malfunctions
The key question isn’t whether the manufacturer admits there’s a problem.
It’s whether the defect exists, affects safety, and stays broken despite repair attempts.
Why You Shouldn’t Wait for a Recall
Manufacturer recalls typically happen after dozens or hundreds of consumer complaints pile up at the National Highway Traffic Safety Administration (NHTSA).
This process takes months or years. Meanwhile, you’re stuck driving a dangerous car.
California lawmakers knew about this timing gap when they wrote the lemon law.
The law lets you seek a remedy without waiting for widespread recognition of the problem.
Also, manufacturers don’t always issue recalls for every defect.
Some safety issues only affect certain production batches.
Others get downplayed because recalls are expensive and generate bad press.
The lemon law fills this gap when manufacturer accountability falls short.
How to Document Your Safety Defect Claim
Without a recall, your documentation becomes critical.
Every time the problem happens, write down the date, what happened, and any warning lights or unusual behavior.
Take your car to an authorized dealership for repairs and keep everything—service records, work orders, emails with the service department.
Describe the safety problem clearly in writing when you request repairs.
This paper trail proves you gave the manufacturer chances to fix it.
If the dealership minimizes your concerns or says they can’t replicate the issue, document that too.
Service departments sometimes won’t acknowledge problems without manufacturer guidance, but your consistent reporting establishes the defect exists.
Take photos or videos of visible signs of the defect when you can.
If your dashboard shows warning messages, capture images.
This evidence strengthens your case.
Repair Attempt Requirements
California’s lemon law doesn’t mandate an exact number of repair attempts for every situation.
But the law creates a legal presumption that the manufacturer had a reasonable chance to repair if:
- The same substantial defect remains unfixed after two or more attempts when the defect could cause death or serious bodily injury, or
- The vehicle has been out of service for repairs for 30 or more cumulative days, or
- The same problem persists after four or more attempts for non-safety defects
These are presumptions that help your case, not hard requirements.
Sometimes fewer attempts qualify, especially when the safety risk is severe or the dealer can’t fix your car and admits it.
What You’re Entitled To
If your vehicle qualifies as a lemon because of an unrepairable safety defect, you’re entitled to either a replacement vehicle or a refund through California’s buyback process.
The manufacturer must also cover collateral charges like registration fees, license fees, and sales or use tax, plus incidental damages such as reasonable repair costs, towing fees, and rental car expenses.
California law requires manufacturers to pay your attorney fees and costs when you win a lemon law case.
This provision exists to level the playing field between individual consumers and large automotive corporations.
Don’t Wait—Take Action
If you’re driving a vehicle with persistent safety defects, your safety comes first.
You shouldn’t have to wait for a recall to protect yourself and your family.
Need help with a lemon law claim involving safety defects?
Consumer Action Law Group has handled countless cases like yours.
We know how to hold manufacturers accountable—with or without a recall.
Call us at (818) 254-8413 for a free consultation.
