Buying a new car should feel exciting. That new-car smell, the giant touchscreen, the promise of smart features that practically drive the vehicle for you.

And then the screen freezes, or the backup camera goes black. You might even have an over-the-air update, and suddenly your battery starts dying overnight.

If you’re in California and dealing with software or update problems in a new car, you’re probably wondering: are they covered under Lemon Law? Here is what you want to know about these issues that could affect your vehicle and what to do with a possible Lemon Law claim.

California’s Lemon Law Is Not Just for Engines

California’s Lemon Law protects consumers when a new vehicle has a defect that the manufacturer cannot repair after a reasonable number of attempts.

This defect must substantially impair the vehicle’s use, value, or safety.

Nowhere in the law does it say the defect has to be mechanical or involve the transmission, brakes, or engine. If a problem meaningfully affects how your car functions, its safety, or its value, it may qualify. And in today’s vehicles, software controls a lot of your vehicle’s functionality.

Modern Cars Are Computers on Wheels

Software is everywhere in your new car or truck. This includes:

• Touchscreen controls
• Navigation
• Backup cameras
• Bluetooth and connectivity
• Lane assist
• Adaptive cruise control
• Emergency braking systems
• Battery management in electric vehicles

If those systems fail repeatedly, that is not an inconvenience. This can impact safety and reliability.

What About Over-the-Air Updates?

Manufacturers love to push updates remotely. Sometimes they fix issues, but they can create new ones. If an update introduces a defect and the manufacturer cannot correct it after multiple repair attempts, the situation may still fall under the Lemon Law. 

Even though the problem is digital and not mechanical, that does not automatically take it outside the law’s protection.

If the defect persists or substantially affects your vehicle, then it may qualify under the law.

How Many Repair Attempts Are Required?

California law requires that the manufacturer be given a reasonable number of opportunities to fix the problem. A vehicle may be a lemon if, within the first 18 months or 18,000 miles:

• The manufacturer has made at least two repair attempts for a defect that is likely to cause serious injury or death
• There have been at least four repair attempts made for the same issue, or
• The vehicle has been out of service for more than 30 total days for warranty repairs

These are not hard limits. You can still have a valid claim outside those numbers. Documentation is important. Every visit to the dealership should have a repair order. You will want to keep them all.

Do Annoying Issues Count?

Not every glitch makes a car a lemon. A one-time freeze that gets resolved with a quick update may not qualify. California’s Lemon Law addresses those serious, ongoing defects that affect use, value, or safety.

But if you are going back to the dealership again and again for the same software issue and the problem keeps coming back, that could shift from annoying to potentially actionable.

California Drivers Can Get Help

Software and update issues in new cars can be covered under the California Lemon Law. The law does not draw a line between mechanical and digital defects. It focuses on impact.

If a persistent software problem substantially impairs your vehicle and the manufacturer cannot fix it after a reasonable number of attempts, you may be entitled to a buyback or replacement.

If you are dealing with repeated electronic or update problems, you may not be stuck with a faulty vehicle. At BLVD Law, we are ready to help with your claim. Our team will determine whether your car could qualify for a resolution under the law. Schedule a consultation today.