San Diego Tesla Model 3 Lemon Law Attorneys

Experienced San Diego Lemon Law Attorneys Help Tesla Model 3 Owners Get the Compensation They Deserve

Released in 2017, the Tesla Model 3 was the world’s most popular all-electric vehicle from 2018 to 2020. Today, many San Diego residents rely on their Model 3 for transportation and everyday use. 

The Model 3 has been the focus of concerns over safety and reliability, however. The vehicle is currently the focus of several recalls. 

If you purchased a Tesla Model 3 only to face ongoing issues with your vehicle, you may have a lemon. California lemon law may apply to protect you. Speak to an experienced San Diego Tesla Model 3 lemon law attorney today. The team at Wirtz Law APC can help. 

Tesla Model 3 Recalls and Vehicle Issues

Tesla lists recall information for all its vehicles on its website at tesla.com. Recalls can also be searched via the National Highway Traffic Safety Administration (NHTSA) website, nhtsa.gov/recalls.

Currently, several open recalls identify problems with the Tesla Model 3. Owners can take their Tesla to a dealership to be serviced.

Autopilot Control Error

In December 2023, Tesla issued a recall of the Model 3 to fix problems with the Autopilot control system. The system made it possible for drivers to set Autosteer and then fail to pay attention to the road or maintain control of the vehicle, leading to a risk of serious injuries and death on the road. 

Full Self-Driving (FSD) Software Problems

In February 2023, Tesla and the NHTSA announced a recall of the Tesla Model 3, along with other Tesla vehicles. The recall noted that the Full Self-Driving (FSD Beta) software, when activated, increased the risk that the vehicle would drive through intersections without stopping, even if a stop sign was present, the light was red, or there were cars or people in the intersection. The recall noted that the FSD Beta system may also fail to respond to changes in speed limits. 

Front Suspension Problems

In March 2023, Tesla and the NHTSA announced a recall of the Model 3 to repair a problem with the front suspension lateral link. The link contained a defect that could allow it to separate while the vehicle was in motion, shifting the wheel alignment and increasing the risk of a crash the driver could not prevent.

Pedestrian Warning System Issues

Like many electric vehicles, the Tesla Model 3 is equipped with a system that makes a sound to alert pedestrians that the vehicle is near. In February 2024, Tesla issued a recall of the Model 3 to fix issues with the warning system. In some vehicles, the warning system was not loud enough – increasing the risk of causing death or serious injury by striking a pedestrian. 

Power Window Issues

Tesla announced a recall of the Model 3 in September 2022 to fix issues with the power windows. Instead of retracting when it encountered resistance, the window might continue to close. If it closed on a person’s hand, the window could cause injuries. 

Seat Belt Problems

In October 2022, Tesla recalled the Model 3 to fix problems with the seat belt anchor. The buckle or anchor, when assembled incorrectly, could break or malfunction during a crash, causing an increased risk of death or serious injury to anyone using the seat belt.

In May 2024, Tesla and the NHTSA announced a recall of the Model 3 because the seat belt warning system could fail. If the warning system fails, the driver and passengers may not know if someone in the vehicle isn’t wearing a properly-latched seat belt. Not wearing a seat belt, or having a seat belt that doesn’t latch properly, can increase the risk of death or serious injury in a crash. 

Speedometer Problems

The Tesla Model 3 became part of a recall notice in April 2022 to address issues with the vehicle’s speedometer. In some instances, the speedometer would not show how fast the vehicle is traveling. Without this information, a driver could not control the vehicle’s speed to comply with speed limit laws or to reduce the risk of a crash. 

Trunk Lid Harness Issues

Tesla recalled Model 3 vehicles in model years 2017-2020 to “inspect and retrofit” the trunk lid harness. The harness’s design can cause significant wear to the coaxial cable that connects the rear camera to the driver’s display. If the cable breaks, the driver can no longer see the rear camera feed, raising the risk of a collision while backing up. 

Tire Pressure Sensor Issues

In December 2024, Tesla issued a recall for the Model 3, noting that the tire pressure sensor light may fail to warn the driver about low tire pressure. Driving with improperly inflated tires increases the risk of an accident, according to the NHTSA.

Other Tesla 3 Car Issues

Throughout its life on the US market, drivers, reviewers, and others interested in the Tesla Model 3 have identified a number of issues with these vehicles. 

Some of these issues are addressed through recalls. Others are repaired by over the air updates fixing defects in the software that runs your Tesla.  Others may persist or appear only in newer Tesla 3 models. If you have a vehicle issue with your Tesla 3, talk to an experienced San Diego lemon law attorney. 

How California Lemon Law Requirements Apply To Tesla Model 3

California lemon law covers vehicles purchased or leased “at retail” in California. For a Tesla Model 3, “at retail” might mean you bought it at a dealership or directly from Tesla. The vehicle must be registered in California, and it must be under warranty when the issues begin. 

Before a court will agree that a vehicle is a lemon, the vehicle must undergo a “reasonable number of repair attempts” from the automaker. An attorney can explain what a “reasonable number” of attempts will be for your specific vehicle and vehicle issues. But know this, every time Tesla sends an over the air update to fix a software defect, that can be a presentation and attempted repair that counts under California’s lemon law.

Some exceptions exist to California’s general rules on lemon law. A lawyer can help you determine if the exceptions apply in your situation. 

Understanding Tesla’s Arbitration Clause

Both the order form and the purchase agreement that Tesla uses contains an arbitration clause. This clause requires a vehicle owner to submit a lemon law case to arbitration unless you affirmatively take action to opt out of the arbitration. Opting out can be your best decision.

Arbitration is an alternative to a courtroom trial. In arbitration, you give up your day in court, the opportunity to present your case to a jury of your peers, and forfeit your right to appeal bad decisions.  Instead, a professional arbitrator hears evidence from both sides, rather than a judge. The arbitrator issues a decision that is binding on both parties. In lemon law arbitration, the arbitrator is usually someone with experience in the auto industry as well as in lemon law, but may not be a judge with any courtroom experience. 

Arbitration is often praised for being a faster, cheaper alternative to courtroom trials. However, statistics demonstrate that arbitration ends in favor of automakers more often than for vehicle owners – even when the vehicle owner has a valid claim. 

Also, few lemon law cases go to trial. Most are settled before trial in negotiations between the automaker’s lawyers and an attorney for the vehicle owner. These negotiations can lead to better results than arbitration, especially if the vehicle owner hires an experienced lemon law attorney.

Tesla gives new vehicle purchasers a limited amount of time to opt out of the arbitration clause, typically only 30 days after signing the agreement to arbitrate. If you did not opt-out before the time limit expired, talk to an attorney about your options. A lawyer can help you determine what comes next and will protect your legal rights at every step, including arbitration if necessary. 

Types of Solutions For A San Diego Lemon Law Claim

California lemon law protects the right to three types of compensation: a refund or replacement of your vehicle, compensation for related losses, and attorney’s fees. 

Refund

The most common remedy chosen by the consumer is to simply get a refund of the amount you paid for your vehicle. There is a statutory formula that provides an offset to Tesla for the miles driven before the applicable defect manifested. Seeking an expert lemon law attorney can help you figure the start of this offset as well as other financial components of the buyback.  

Replacement Vehicle

As the owner of the vehicle, you can also demand a replacement vehicle from Tesla. California lemon law requires the automaker to offer a “substantially similar” replacement vehicle, which for Tesla may be readily available as compared to other automakers whose vehicles change more frequently and have more customization options. The important thing to remember is that the vehicle owner gets to choose between a refund or a replacement.

Incidental and Consequential Damages

Incidental and consequential damages compensate you for costs related to your lemon vehicle. Common costs in this category include towing fees. They also include the cost of alternate forms of transportation. For instance, if you had to pay for a rental car, buy a bus pass, or spend money on daily Uber or Lyft rides, those costs can be compensated by incidental and consequential damages. 

Civil Penalties

Civil Penalties, which are additional damages on top of your other damages can be available when the Automaker willfully fails to comply with the California Lemon Law. Civil Penalties can be as much as two times the amount of your actual damages.

Attorney’s Fees

Finally, California lemon law requires automakers to pay the “reasonable attorney’s fees” of a vehicle owner with a lemon vehicle. This provision means you can hire an experienced lemon law attorney with little or no out of pocket cost.

Hiring an attorney is an investment in your rights and your claim. Automakers’ attorneys have extensive experience in denying or delaying claims, even when a vehicle owner has a legitimate lemon law case. An attorney on your side levels the playing field and ensures you receive the total compensation you deserve. 

Chat With Our Experienced San Diego Lemon Law Attorneys Today

If you’re dealing with an ongoing problem with your Tesla Model 3 or any other Tesla vehicle (Model X, Model S, Model Y, Cybertruck), don’t wait. Talk to an experienced San Diego Tesla lemon lawyer today. The team at Wirtz Law APC can help you understand your legal rights and fight for the compensation you deserve. To learn more, contact us today to schedule a free consultation at no obligation.

Our office is located in La Jolla, San Diego, and we are proud to have served our bustling and thriving community for nearly 30 years. We bring years of experience serving San Diego communities, such as La Jolla, North Park, South Park, Chula Vista, National City, Gaslamp, Hillcrest, Kearny Mesa, and Convoy. We also serve Southern California, Northern California, and Central California.