Tesla Cybertruck Lemon Lawyers

Expert California Lemon Law Attorneys Help Cybertruck Owners Get Compensation for Defective Vehicles

The release of Tesla’s Cybertruck followed months of media excitement and appearances by Tesla’s Elon Musk. Since its arrival, however, the Cybertruck has faced several issues. Many are now the subject of recalls. 

Many Cybertruck owners have sought repairs for various problems. You may have a lemon law claim if your truck still has issues after multiple repair attempts. Talk to the expert California lemon law attorneys at Wirtz Law APC today to learn more. 

Recent Cybertruck Recalls

In 2024, Tesla announced three physical recalls of its 2024 model year Cybertrucks. 

Accelerator Pedal Assembly Recall

Several drivers reported issues with the accelerator pedal in their Cybertrucks. When the driver pushes the accelerator pedal, the pad on the pedal could shift or fall off. When this happens, the pedal can get stuck in the interior trim. The stuck pedal causes the Cybertruck to accelerate, and the driver cannot control the acceleration. 

Tesla recalled model year 2024 Cybertrucks to “replace or rework” the accelerator pedal so that the pad cannot dislodge and get stuck in the trim. The company’s recall notice advises drivers to make a service appointment at their local dealership to have the accelerator fixed. 

The company noted that pressing the brake pedal would disrupt the vehicle’s drive torque, causing it to stop as if the accelerator were not still pressed. Nevertheless, a stuck accelerator pedal increases the risk of an accident in the Cybertruck. 

Exterior Trim Recall

In June 2024, Tesla issued a recall to fix loose trunk bed trim on approximately 11,000 Cybertrucks. The recall notice issued by the National Highway Traffic Safety Administration (NHTSA) notes that the trim can come loose, “creating a road hazard for following motorists and increasing the risk of a crash.”

Tesla plans to reinforce or reattach the trim with “adhesion promoter and pressure sensitive tape,” according to the NHTSA release. Cybertruck owners can call Tesla customer service at 1-877-798-3752 or the NHTSA vehicle safety hotline at 1-888-327-4236. 

Windshield Wiper Recall

Tesla also issued a recall to replace the windshield wiper motor in all 2024 model-year Cybertrucks. The existing motor’s gate driver can burn out, causing the wiper to stop functioning. If the wiper doesn’t work, the driver may be unable to see, increasing the risk of a crash. 

Tesla’s recall notice states that the company will contact Cybertruck owners once local dealerships have replacement parts available. 

Defects in the Cybertruck’s wiper motor “shouldn’t come as a surprise,” according to one analyst. The Cybertruck’s single wiper has a four-foot-long blade – the longest used on any light-duty vehicle. The size and weight of the blade can cause the motor to wear out more quickly.

Physical recalls are unusual for Tesla, according to a Reuters news report. In the past, many fixes for Tesla defects have been performed via software updates rather than physical repairs. 

Other Issues Reported by Cybertruck Owners

The recent Cybertruck recalls represent only a fraction of problems reported by Cybertruck owners and reviewers. 

Reviewers at Edmunds.com reported that during “routine instrumental testing” of a Cybertruck, the vehicle warned of a “critical steering issue.” The rear-axle steering deactivated, limiting the truck’s speed to 4 miles per hour. While the steering issue was eventually resolved, the Cybertruck also warned of power reduction and air conditioning failures, advising the testers to “schedule service.”

On the YouTube channel Two Wheel Turban, an owner’s new Cybertruck presented several issues within the first week of ownership. These included a loose roof panel, a lack of depth lines on the rearview camera, difficulty backing up the truck with its onboard mirrors alone, and difficulty cleaning the vehicle. 

Visitors to online forums for Cybertruck owners add to the list of complaints as well. Issues reported on various forums include:

• Defects in the windshield that affect the line of sight for the driver,
• Problems with the tailgate opening, staying open, or closing,
• Creaking noises coming from beneath the console when the vehicle turns, 
• Improperly performed recall repairs for the accelerator pedal issue, and
• Rear control arm failures while driving, which can cause serious accidents.

As issues pile up, more recalls may follow. Drivers facing these issues may also face serious risks on the road. 

Tesla’s Arbitration Clause

Tesla’s pre-order agreement for the Cybertruck includes an “Agreement to Arbitrate” clause. The clause states that if Tesla and the Cybertruck owner cannot resolve a dispute within 60 days, the dispute “will not be decided by a judge or jury.” Instead, it will be decided by an arbitrator. Tesla will pay the arbitration fees, and arbitration will take place in the county where the Cybertruck owner lives.

Arbitration is a form of alternative dispute resolution. The arbitrator hears evidence and issues a decision. The decision is binding on the parties. 

Automakers often tout arbitration as a cheaper, faster alternative to a court case. In lemon law claims, however, arbitration often ends in favor of the automaker – even when the vehicle owner has a valid lemon law claim. 

Tesla gives Cybertruck owners 30 days to opt out of the arbitration clause. The 30 days begin to run on the date you sign your pre-order or purchase agreement. 

Whether you opted out of arbitration or not, talk to an experienced California lemon law attorney. A lawyer can help you determine what you need to do next. 

Cybertruck Owners and California Lemon Law

California lemon law provides remedies when a vehicle’s issues cannot be fixed after several attempts. These remedies include:

• Refund or replacement. The vehicle owner can choose a “buyback” payment for the vehicle or a “substantially similar” replacement vehicle.
• Incidental and consequential damages. This amount includes costs like towing, vehicle rental, rideshare fees, public transportation costs, and other amounts you spent because you couldn’t rely on your Cybertruck for transportation. 
• Civil Penalties.  If the automaker has willfully failed to follow the California lemon laws, you may also be entitled to a civil penalty of up to two times your actual damages.
• Attorney’s fees. The automaker must pay the reasonable attorney’s fees of a vehicle owner who wins their lemon law claim. This provision ensures that vehicle owners can receive representation from experienced lemon law attorneys without worrying about the expense of attorney’s fees. 

California has one of the most expansive lemon laws in the United States. Lemon law protection is available for:

• Both vehicle owners and lessees. Whether you purchased or leased your Cybertruck or other vehicle, you can seek protection as long as you and the vehicle meet other requirements under the lemon law. 
• Small business owners. If your Cybertruck is a business vehicle, you may qualify for lemon law protection. California lemon law applies to small businesses with five or fewer vehicles total (including the suspected lemon) and when the lemon vehicle has a gross vehicle weight rating (GVWR) of 10,000 pounds or less. The Cybertruck’s GVWR is between 8001 and 10,000 pounds, according to Car and Driver. 
• Active-duty military servicemembers. Most vehicle owners must purchase or lease their car in California to qualify for California lemon law protection. Active-duty military servicemembers stationed in California, however, may file a lemon law claim even if they purchased the vehicle elsewhere. Servicemembers need only be stationed in California when they file their claim. They must also meet all other requirements for filing a lemon law claim in California. 

To protect your lemon law claim, start by collecting all paperwork related to the purchase of your Cybertruck. Include copies of your purchase agreement, warranty, and receipts. Add paperwork from every trip you’ve taken to the dealership for repairs or other issues. If you’re missing copies of these receipts or service records, you can request them from the dealership. 

Also, include copies of receipts or other records of costs associated with your Cybertruck’s problems. For instance, if you needed to call an Uber because your Cybertruck was in the shop, take screenshots of the record of these trips and add them to your paperwork. If an issue with your Cybertruck caused an accident, include copies of any police reports, towing bills, repair bills, and correspondence with your insurance company. 

If you’re missing paperwork, don’t fear. An experienced lemon law attorney can help you acquire any missing information. Creating the most complete file possible will help you have a productive conversation with a prospective lawyer, however. Your file will also serve as a place to put additional paperwork you might collect in the future. 

What To Do If You’re Having Issues With Your New Cybertruck

Cybertruck advertising presents the vehicle as rugged enough to handle tough jobs and efficient enough for city driving. When your Cybertruck has defects, however, it may be unable to handle these tasks. If a defect is bad enough, you may be unable to drive your new truck. 

If your Cybertruck still has defects or issues after several trips to the dealership, talk to an experienced Tesla truck lemon law attorney today. The team at Wirtz Law APC can answer your questions and provide insight into how California lemon law may apply in your situation. Whether you’re located in San Diego, Los Angeles, or Orange County, we are happy to help you understand your lemon law rights. We also have experience helping families in Central and Northern California. Contact us today to schedule a free, no-obligation, confidential consultation.