Can Lemon Law Cover Repeated Software Failures in Modern Vehicles?

Modern vehicles rely more than ever on software. From advanced driver assistance systems to digital dashboards and engine management, software keeps today’s cars running smoothly. But what happens when these systems fail over and over again?

Many drivers find themselves returning to the dealership multiple times for the same glitch, only to have the issue come back again. It’s frustrating, time-consuming, and can even make the car unsafe to drive. California’s lemon law may help when repeated software failures make a vehicle unreliable.

Drivers who understand how the law works can make better choices about what to do next. At the Law Offices of Kevin Faulk, P.C., their Sunnyvale lemon law attorney helps people throughout the state figure out if they have a claim. Knowing your rights is the first step toward getting a solution that works.

What Does California’s Lemon Law Say?

California’s lemon law, officially called the Song-Beverly Consumer Warranty Act, protects buyers and lessees when a new or used vehicle can’t be fixed after a reasonable number of repair attempts.

This law applies to vehicles purchased or leased in California that come with a manufacturer’s warranty. If the defect is significant and affects use, value, or safety, and can’t be fixed after a reasonable number of tries, the car may be a lemon.

Are Software Issues Covered?

The law doesn’t limit defects to just mechanical parts. Modern cars depend on software to run vital systems. If software bugs cause repeated problems that a dealership can’t fix, this may qualify as a substantial defect.

Examples of software issues that might be covered include:

• Repeated failures of driver assistance systems

• Malfunctioning navigation or infotainment systems that affect other car functions

• Software bugs that drain the battery or cause the car to stall

• Faulty updates that disable features

If these issues make the car unsafe, unreliable, or unusable, they may be grounds for a lemon law claim. If you’re dealing with constant glitches, a lemon law attorney in Sunnyvale, California, can help determine whether your software issues qualify under the law.

What Counts as a “Reasonable Number” of Repair Attempts?

The lemon law doesn’t specify an exact number of times a dealership must try to fix the same problem. Instead, it depends on the issue and its severity.

In general, the law says that a “reasonable number” might be met if:

• The defect could cause serious injury or death, and it hasn’t been fixed after two tries

• The car has been in the shop for the same problem four or more times

• The car has been out of service for 30 or more days for any number of issues covered under warranty

When it comes to software, repeated visits for updates or reprogramming with no lasting fix can help show that the vehicle qualifies.

How Software Problems Affect Modern Cars

Software glitches can do more than cause mild annoyances. They can:

• Stop a car from starting or operating properly

• Interfere with the brakes, steering, or acceleration

• Affect sensors that prevent collisions

• Disable key safety features

• Lead to costly repairs that don’t solve the real issue

Many modern vehicles receive over-the-air updates. Sometimes, these updates fix one bug but create new ones. When drivers keep experiencing software failures, it’s not just inconvenient. It can feel like the vehicle is never truly reliable.

Common Software Problems That May Qualify

Below are some common software issues owners of modern vehicles report. If left unfixed, each may affect a vehicle’s use, value, or safety.

• Battery drain and power loss: Some vehicles lose battery charge overnight due to a software glitch. Drivers wake up to find a dead battery, which can leave them stranded.

• Malfunctioning infotainment systems: Navigation systems freezing, radios that won’t shut off, or screens that go blank are more than just frustrating. Sometimes they control climate settings or back-up cameras, which can affect safety.

• Advanced driver assistance failures: Features like lane-keeping assist, adaptive cruise control, or automatic braking rely on software. When these fail, the car may not respond the way it should.

• Over-the-air update errors: While convenient, wireless updates can sometimes brick systems. Drivers may lose features or find that the update fails halfway through, requiring repeated service visits.

These types of software problems can seriously impact your vehicle’s reliability and safety. If you’ve experienced any of these issues repeatedly and repairs haven’t solved the problem, your car may qualify as a lemon. Keeping detailed records and seeking help early can put you in a better position to take action.

What Owners Should Do When Facing Software Issues

Taking the right steps when problems come up helps strengthen a lemon law claim if repairs don’t work.

Keep Detailed Records

Always document each visit to the dealer. Keep copies of repair orders, notes about what was done, and how long the car was out of service.

Describe the Problem Clearly

Make sure the service advisor writes down the exact issue, including when it happens, how often, and what parts are affected.

Stay in Contact With the Dealer

Give the dealership a fair chance to fix the issue. If they can’t find a lasting fix after several tries, it may be time to talk to a lemon law attorney in Sunnyvale, California. 

What Remedies Are Available Under the Lemon Law?

If a vehicle is a lemon, the owner may have two main options: repurchase or replacement.

• Repurchase: The manufacturer buys the car back and refunds what was paid, minus a reasonable use fee.

• Replacement: The manufacturer gives the owner a similar vehicle at no extra cost.

In both cases, the manufacturer must pay certain costs, such as registration fees and sometimes attorney fees. Before giving up on your vehicle, talk to a lemon law attorney in Sunnyvale, California, who understands how software-related claims are handled in court.

Are Used Cars Covered for Software Problems?

Used vehicles can qualify if they’re still under the original manufacturer’s warranty or a certified pre-owned warranty. Many used cars come with remaining coverage on software and electronic systems.

As technology advances, even minor glitches in older cars may cause bigger problems, making the lemon law protections even more important. Even if your car is still drivable, it may still qualify, especially with guidance from a lemon law attorney in Sunnyvale, California, who knows what evidence matters most.

Tips for Avoiding Persistent Software Problems

While some software bugs are out of an owner’s control, these tips may help reduce the chance of repeated failures.

• Keep software up to date: Follow manufacturer guidelines for updates.

• Use authorized dealers: Always have updates and repairs done at a certified dealership.

• Read recall notices: Pay attention to recalls and service bulletins that may affect software.

Following these steps can help you minimize the risk of ongoing software issues and keep your vehicle running smoothly. Staying informed, choosing certified service providers, and acting on recalls quickly can make a big difference in long-term performance and reliability.

Take Action to Protect Your Rights

Software problems don’t have to keep you stuck with an unreliable car. California’s lemon law was designed to protect people when new technology doesn’t work the way it should. By knowing your rights and taking smart steps, you can make sure your vehicle works as promised or pursue the remedies you’re owed.

Contact Us Today

Persistent software issues can turn any vehicle into a headache. Our lemon law attorney in Sunnyvale, California, at the Law Offices of Kevin Faulk, P.C., is committed to helping drivers throughout the state of California, including Sunnyvale, San Jose, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, San Diego, and beyond. We’re ready to stand up for your rights. Reach out today to get started with a consultation.