Wirtz Law Blog

Under California law, a “lemon” vehicle refers to a car with defects affecting its safety, value, or use that the manufacturer cannot repair after multiple attempts. With the growing popularity of electric vehicles, many Tesla owners are discovering serious issues with Autopilot and other vehicle systems, raising the question: could your Tesla qualify as a lemon? Tesla’s Autopilot system has been the subject of numerous safety concerns, particularly after a National Highway Traffic Safety Administration (NHTSA) review linked it to multiple crashes and fatalities. If you own a Tesla with persistent Autopilot problems, you may be entitled to relief under California’s Lemon Law.

Tesla recently issued an over-the-air software update following reports of 29 fatalities involving Autopilot crashes. However, the update has done little to address the significant safety risks, leaving many Tesla owners still grappling with malfunctioning Autopilot systems. Understanding how California’s Lemon Law applies to Tesla’s Autopilot issues is crucial for owners seeking compensation or a replacement vehicle.

Tesla’s Autopilot: Ongoing Safety Concerns

Tesla’s Autopilot feature has long been marketed as a cutting-edge technology, but behind its promises of driver assistance lies a track record of dangerous malfunctions. Last year, the NHTSA reviewed nearly 1,000 crashes involving Autopilot, uncovering alarming statistics: 29 deaths and hundreds of serious incidents related to its use.

A key issue is the misleading name—“Autopilot”—which suggests a level of autonomy beyond what the system can safely offer. Autopilot is a Level 2 driver assistance system, meaning drivers must remain fully attentive and ready to take control at all times. Yet, Tesla’s marketing often leads drivers to believe they can rely on the system to steer and manage their vehicle, contributing to preventable accidents.

In a move aimed at improving safety, Tesla issued a software update in December 2023. However, the update has not resolved the key flaws within the Autopilot system. Some of the biggest concerns include:

• Deactivation of Lane-Centering Features—when drivers take manual control, Autosteer—Tesla’s lane-centering feature—immediately deactivates, leaving drivers vulnerable to accidents if they hesitate to reengage; 
• Insufficient performance after the update—despite the December update, crashes involving; and
• Voluntary opt-in for critical safety features—Tesla’s safety updates require drivers to manually opt-in, creating situations where essential updates may not be installed.

With more than two million vehicles affected by the recall, Tesla’s Autopilot system continues to pose a significant risk. For Tesla owners dealing with repeated issues, the vehicle may meet the qualifications of a lemon under California law.

Does Your Tesla Qualify as a Lemon?

California’s Lemon Law is designed to protect consumers who purchase vehicles with persistent defects. If your Tesla has recurring issues that affect its safety, performance, or value, and Tesla has been unable to repair the problems after a reasonable number of attempts, you may have a valid claim under the law.

Tesla’s Autopilot system could meet the criteria for a lemon if:

• You have experienced multiple malfunctions with Autopilot or Full Self-Driving (FSD), and Tesla’s software updates or repair attempts have not resolved the issue; 
• The defect substantially impairs your use, value or safety of you and your vehicle; and
• Tesla has attempted to fix the problem, but the updates or repairs do not repair defect, and you continue to experience malfunctions.

Each software update counts as an attempt to repair the defect, which means that even if Tesla addresses the problem with over-the-air updates, these still qualify under California Lemon Law. This is important for Tesla owners because Autopilot issues are often addressed remotely rather than at a service center.

Aside from Autopilot, other problems Tesla owners might experience include:

• Battery degradation—leading to a significant loss in range over a short period of time; 
• Electrical system failures—affecting the overall functionality of the vehicle;
• Build quality issues—such as panel gaps, paint defects, and other structural concerns; and
• Software glitches that result in frequent errors or operational failures.

Are You Disappointed with Your Tesla’s Autopilot Feature?

If your Tesla has ongoing problems that affect its safety, performance, or value, you should consult a California Lemon Law attorney to understand your rights and take action. At Wirtz Law APC, our dedicated team of California Lemon Law attorneys have extensive experience handling lemon law cases across the state. Over the years, we’ve been successful in more than 98 percent of the cases we’ve handled and have recovered an impressive $70 Million on behalf of California vehicle owners. To learn more and to schedule a free consultation to learn more about our services and what we can do to help you recover compensation for your defective Tesla, call 858-259-5009. You can also connect with our lawyers by completing our secure online contact form.