Brake, steering and airbag defects: California's two-attempt lemon law rule

If your brakes have failed, your steering has locked up, or your airbag warning light keeps coming on, safety comes first. Once you are safe, California's lemon law treats these defects differently from a rattle or a glitchy screen. Under the Song-Beverly Consumer Warranty Act, a defect likely to cause death or serious bodily injury can trigger the presumption that a vehicle is a lemon after only two repair attempts, as long as you also notified the manufacturer directly.

This guide explains the two-attempt rule, direct written notice to the manufacturer, when to stop driving, how to report a defect to the National Highway Traffic Safety Administration (NHTSA) and how dealers document these problems. It is general information about California law as of October 2026, not legal advice about your vehicle.

The two-attempt rule for safety defects

California's Tanner Act, Civil Code § 1793.22(b)(1), creates a presumption that the manufacturer has had a reasonable number of attempts to fix a new vehicle when, within 18 months from delivery or 18,000 miles on the odometer, whichever comes first, all of these are true:

1. The same defect results in a condition that is "likely to cause death or serious bodily injury if the vehicle is driven."
2. The defect has been subject to repair two or more times by the manufacturer or its agents, usually its authorized dealers.
3. The buyer or lessee has at least once directly notified the manufacturer of the need for the repair.

Three details matter. First, "subject to repair" counts visits, not successful fixes; under the standard California jury instruction, each time the vehicle was given to the manufacturer or its authorized repair facility for repair counts as an opportunity, even if no repair work was done (CACI No. 3202). Second, the direct-notice requirement applies only if the manufacturer clearly and conspicuously disclosed it, along with the lemon law provisions, in the warranty or owner's manual; if the manufacturer gave an address there, the notice goes to that address (§ 1793.22(b)). Third, the presumption is rebuttable. The manufacturer can try to disprove it.

The presumption is a shortcut, not the only path. A buyer can show a reasonable number of attempts without it, including for problems that start after 18 months or 18,000 miles. Our guide to how many repair attempts the lemon law requires explains the other routes: four attempts for the same defect, or more than 30 cumulative days out of service.

What counts as a safety defect?

The statute does not list qualifying defects. The question is whether the condition is likely to cause death or serious bodily injury if the vehicle is driven. Defects that commonly raise that question include:

• Brakes: a pedal that sinks or goes hard, reduced braking, grinding or pulling, ABS or stability-control faults, an electronic parking brake that will not hold, or unexpected automatic emergency braking.
• Steering: loss of power assist, a wheel that locks or binds, heavy or inconsistent effort, wandering or a hard pull, or steering warnings.
• Airbags and restraints: an airbag or supplemental restraint warning light that keeps returning, a passenger-occupancy sensor that turns the airbag off with an adult in the seat, or a seat belt that will not latch or retract.
• Loss of drive power: stalling or sudden power loss in traffic, which can also make steering and braking harder. See our guides to engine problems and transmission problems.
• Visibility: backup camera failures, headlights or wipers that quit. See our guide to electrical and infotainment problems.

As with any lemon law claim, the defect must be covered by the manufacturer's warranty and substantially impair the vehicle's use, value or safety (§ 1793.22(e)(1)). You do not have to prove what caused it. California's jury instruction says a buyer does not need to prove the cause of a defect (CACI No. 3201).

Reported safety recalls show what is at stake

Recalls do not make your vehicle a lemon, and these examples do not mean any brand's vehicles are generally defective. They show how serious brake, steering and airbag defects can be:

• Takata airbags. NHTSA says long-term exposure to high heat and humidity can cause certain Takata inflators to explode when deployed. NHTSA has confirmed that 28 people in the United States were killed by these inflators, and approximately 67 million Takata airbags have been recalled, according to NHTSA's Takata recall page. NHTSA has issued "do not drive" warnings for certain higher-risk vehicles.
• Steering lock-up. NHTSA recall 23V-155 (2023) covers about 343 2022–2023 Ford Broncos whose steering gear may have internal damage that can increase steering effort or lock the wheel. Owners were told not to drive the vehicles until the steering gear was replaced.
• Reduced rear braking. NHTSA recall 18V-576 (2018) covers certain Chevrolet Bolt EVs, including 2019 models, whose rear brake caliper pistons may allow gas pockets that reduce rear braking, according to NHTSA's recall data.

Look up your own vehicle with our recall and complaint lookup or by VIN at nhtsa.gov/recalls. Recall repairs are free, and NHTSA tells owners to contact a local dealer for the fix. If a safety problem continues after a recall repair, the return visit is another repair attempt.

When to stop driving

If the brakes fail or feel wrong, the steering locks or binds, or the car loses power in traffic, stop driving it as soon as it is safe to do so. Have it towed to the dealer rather than driving it in. Keep the towing receipt and ask for a repair order showing your complaint. If your vehicle is under a "do not drive" recall, follow it, and ask the manufacturer whether it will tow the vehicle or provide a loaner. An airbag warning light can mean the system may not work as designed in a crash, so get it inspected promptly.

Days out of service count. If the car sits at the dealer for more than 30 cumulative days for warranty repairs within the first 18 months or 18,000 miles, that is a separate route to the presumption (§ 1793.22(b)(3)). And warranty repairs must be completed within 30 days unless you agree otherwise in writing, apart from delays beyond the manufacturer's control (Civil Code § 1793.2(b)).

How to give the manufacturer direct written notice

Look in your warranty booklet and owner's manual for a section on California's lemon law and an address for notices. If the manufacturer requires direct notice and gives an address, use it. A simple notice:

• Is in writing, sent by a method you can prove, such as certified mail with return receipt, or through a channel the manufacturer designates. Keep a copy.
• Gives your name, the VIN, the date of purchase or lease and the current mileage.
• Describes the safety problem in plain words and lists each dealer visit with the date and repair order number.
• States that the problem has not been fixed and asks the manufacturer to repair it.

A notice of the need for repair is different from a demand that the manufacturer buy back the car. For manufacturers that opted in to the 2025 procedures, a buyer who wants civil penalties must send a specific pre-suit notice at least 30 days before suing, with required content and delivery methods (Code of Civil Procedure § 871.24). Older rules also tie some civil penalties to written notice (Civil Code § 1794(e)). Because those notices have legal consequences, talk to a lawyer before sending a buyback demand. Our guide to the 2025 lemon law changes explains the opt-in rules.

How to file a safety complaint with NHTSA

You can report a vehicle safety problem online through NHTSA's Report a Safety Problem page or by calling 888-327-4236. According to NHTSA, complaints are added to a public database after personally identifying information is removed, and NHTSA reviews complaints and other information to decide whether to open a defect investigation. A complaint does not count as a repair attempt, but it creates a dated record in your own words.

How dealers document safety complaints

Every warranty repair order must carry a printed notice of your warranty rights, and you must get a copy when warranty work is done (Civil Code § 1793.1). Make sure it records your complaint in your words ("brake pedal sank to the floor at 35 mph"), any warning lights or stored fault codes, any technical service bulletin or recall performed, and the dates the car was dropped off and picked up. If the dealer writes "could not duplicate," the visit still counts as an opportunity to repair.

A hypothetical example

Ana buys a new sedan for $40,000. At 6,000 miles the brake pedal sinks while she slows on the freeway; the dealer bleeds the brakes. At 9,000 miles it happens again and the dealer replaces the master cylinder. Her manual requires direct notice, so she mails one. Two repair attempts for a defect likely to cause serious injury, plus direct notice, within 18 months and 18,000 miles, can trigger the presumption. A buyback would generally refund the price paid, taxes, registration and incidental costs, minus a mileage offset of $40,000 × 6,000 ÷ 120,000 = $2,000 (Civil Code § 1793.2(d)(2)). A willful violation can add a civil penalty of up to two times actual damages, and a buyer who wins recovers attorney's fees and costs (§ 1794). These numbers are illustrative only.

What to bring to a lawyer

• Your purchase or lease contract, warranty booklet and owner's manual.
• Every repair order for the safety problem, including "could not duplicate" visits.
• Your notice to the manufacturer and proof it was delivered.
• Towing receipts, recall notices and your NHTSA complaint confirmation.
• Photos of warning lights and notes of each incident.

Deadlines

For manufacturers that opted in to the 2025 procedures, a lawsuit generally must be filed within one year after the warranty expires and no later than six years after delivery, with time added for days in the shop (Code of Civil Procedure § 871.21). The opt-in list is reported; check the Department of Consumer Affairs list. For other manufacturers, the deadline is generally four years under the Commercial Code's warranty statute of limitations, and tolling rules can apply. If anyone was hurt, other deadlines may apply, so call promptly.

How LaCour handles safety defect claims

LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, with trial counsel leading each case. When a claim succeeds, the manufacturer pays the buyer's attorney's fees and costs. Send us your repair orders for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.