Wirtz Law Blog

Receiving a recall notice can feel unsettling, especially when millions of vehicles are affected. In 2024, Tesla led all automakers in recalls, with 5.1 million vehicles needing fixes. While many of these issues were resolved through Over-the-Air (OTA) repairs to the defects, safety concerns remain for countless drivers. If you own a recalled Tesla or another vehicle with persistent defects, you may be eligible for relief under California’s Lemon Law. Wirtz Law can help determine if your car qualifies for a buyback or replacement.

California offers some of the strongest consumer protections for defective vehicles. You may have legal options if your car has a significant issue that the manufacturer cannot or will not repair within reasonable attempts. While recalls and OTA repairs aim to address safety problems, they do not erase a car’s history of defects or repair failures. If your vehicle remains unreliable after multiple service attempts, it may qualify as a lemon.

Tesla Recalls Raise Concerns About Vehicle Safety

More than one in four vehicles on U.S. roads—totaling 72.7 million—carry at least one open recall. In 2024 alone, 27 million cars were recalled, revealing widespread quality issues. Tesla, which recalled 5.1 million vehicles, resolved its recalls exclusively through OTA updates. While these digital fixes address software-related defects, they do not always offer long-term solutions.

The largest Tesla recall of Q4 2024 affected nearly 700,000 vehicles. A software bug in the Model 3 and Model Y caused intermittent braking assistance failure. Tesla issued an OTA update to correct the problem, but owners reported ongoing concerns. If your Tesla continues to experience brake failures, unintended acceleration, or other dangerous malfunctions, a recall fix may not be enough. California law provides remedies for vehicles that remain defective after manufacturer intervention.

Tesla’s reliance on OTA repairs raises concerns about accountability and safety. While software patches can address software defects, they do not fix physical components that may also be compromised. In past recalls, Tesla has faced scrutiny over braking issues, steering malfunctions, and Autopilot failures, all of which can create serious safety risks. Additionally, many Tesla owners report difficulty obtaining service appointments at Tesla repair centers, leading to long wait times for necessary repairs. If your Tesla remains unreliable after a recall update, you should not assume the problem is permanently resolved. California’s Lemon Law offers legal options for those facing ongoing vehicle defects, ensuring manufacturers take responsibility for faulty vehicles.

Not All Recalls Lead to Permanent Fixes

Automakers recalled 6.3 million vehicles in 2024 due to electrical problems, making electrical problems the most common defect of the year. As vehicle technology advances, manufacturers increasingly rely on OTA repairs rather than traditional in-person repairs. While software repairs may be convenient, they may not address underlying mechanical failures.

Ford demonstrated that proactive quality control makes a difference. In 2022, the company recalled 8.7 million vehicles. By 2024, that number dropped to 4.1 million—a 50% reduction. This shift highlights how early intervention prevents widespread defects. If Tesla and other automakers fail to adopt similar measures, defective vehicles will continue to flood the market.

Unlike Ford, Tesla has not shown a significant decrease in recalls, relying heavily on software patches rather than physical repairs. While OTA repairs can fix software defects, they do not resolve major structural or mechanical problems. Consumers who continue to experience electrical failures, battery malfunctions, or sudden loss of power steering after a recall repair should be aware that their vehicle may still qualify as a lemon. If repeated repairs fail to fix the issue, California law provides options to seek compensation or a replacement vehicle.  

The bottom line is that every single OTA repair counts as a presentation under California’s Lemon Law.  With two repairs being the threshold to qualify as a lemon under California’s lemon law, vehicles with at least two OTA repairs may give rise to a lemon law claim.

When a Recall Fix Does Not Solve the Problem

Vehicle recalls signal manufacturers recognize defects but do not always resolve them fully. If your car continues to experience problems after a recall repair, you should take action. Signs that your vehicle may still qualify as a lemon include:

• Persistent warning lights or system malfunctions after recall repairs;
• Recurring defects that impact safety or performance;
• Multiple failed attempts to resolve the same issue; and
• Vehicle downtime that significantly disrupts your ability to drive.

Sometimes, a recall fix may only offer a temporary solution, masking deeper mechanical or electrical failures. Issues like braking malfunctions, unintended acceleration, and battery defects may persist even after an OTA repair or dealership repair. If your car continues to exhibit safety risks, you should document each issue, including dates of service visits and communication with the manufacturer. A recall alone does not disqualify you from filing a Lemon Law claim. If the manufacturer cannot fully repair your vehicle despite repeated efforts, you may be entitled to compensation, including a buyback or replacement.

California Lemon Law Offers Protection for Defective Vehicles

Under California’s Lemon Law, manufacturers must replace or repurchase vehicles with substantial defects if they fail to fix them after a reasonable number of repair attempts, which can be as few as two times. This law applies to leased and purchased vehicles under the original factory warranty. It also covers vehicles that have spent an excessive amount of time (usually 30 days or more) in the repair shop due to ongoing defects, even if the manufacturer claims the issue has been resolved.

To qualify, your car must have an issue that substantially impairs its use, safety, or value. The manufacturer must have had at least two opportunities to fix the defect, yet the problem persists. You may be eligible for a buyback or replacement if your vehicle meets these criteria. Additionally, California law may still apply even if your warranty has expired, as long as the defect first appeared while the car was under warranty. Detailed records of repair attempts and communications with the manufacturer can strengthen your claim and improve your chances of securing compensation.

Speak with a Lemon Law Attorney Who Can Help You Pursue a Claim for Compensation

If you bought a vehicle that turned out to be a lemon, you don’t have to deal with the frustration alone. At Wirtz Law APC, our attorneys have successfully recovered over $70 Million for clients, with a 98% success rate in Lemon Law cases. We are dedicated to helping you get the reliable vehicle you paid for. Take action today—schedule a free consultation with Wirtz Law by calling 858-259-5009 or filling out our secure online contact form. Let us handle the fight while you move forward with confidence.