Rivian, Lucid and Polestar lemon law in California: software fixes, service access and battery warranties

If your Rivian R1T or R1S, Lucid Air or Polestar 2, 3 or 4 keeps showing the same fault, you may be wondering whether a Rivian lemon law claim in California, or one against Lucid or Polestar, works the same way as a claim against a legacy brand. In most respects it does. The Song-Beverly Consumer Warranty Act applies to any manufacturer that sells new vehicles with an express warranty in California. If the manufacturer cannot fix a warranty defect after a reasonable number of attempts, it must repurchase or replace the vehicle.

What differs is how these companies sell and service vehicles: direct sales instead of franchised dealers, frequent over-the-air software updates, mobile service and fewer service centers. Those differences change how you build your record. This guide covers them, along with warranty terms, documented recalls with NHTSA campaign numbers and the deadlines. It is general information as of October 2026, not legal advice, and it does not suggest these manufacturers' vehicles are generally defective.

How California's lemon law applies to a direct-sale EV

The core rules are the same as for any new vehicle. Under Civil Code § 1793.2(d)(2), restitution covers the price paid, collateral charges such as tax and registration, and incidental damages, minus a mileage offset for miles driven before the first repair visit for the defect, using a 120,000-mile denominator. Our lemon law buyback calculator runs the formula. Within 18 months or 18,000 miles, Civil Code § 1793.22(b) presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious bodily injury, four repairs of the same defect, or more than 30 cumulative days out of service, with direct notice to the manufacturer required for the first two when the warranty clearly discloses it. Claims outside those numbers can still succeed, as our guide to how many repair attempts make a lemon explains. A willful violation can add a civil penalty of up to two times actual damages, plus attorney's fees and costs (§ 1794).

Direct sales add one point. Under Civil Code § 1792, a retail sale carries an implied warranty of merchantability from both the manufacturer and the retail seller. When the manufacturer is also the seller, both duties run to the same company. For new goods, an implied warranty lasts as long as the express warranty, but not less than 60 days or more than one year (§ 1791.1(c)).

Warranty terms: Rivian, Lucid and Polestar

Rivian's page lists years and miles but no battery capacity threshold, and refers owners to its Warranty Guide. A battery that loses some range within the warranty's stated limits may not be a defect. A battery that fails, will not charge, cuts power or triggers repeated warnings is different. Our guide to EV battery and charging problems goes deeper.

Do over-the-air software updates count as repair attempts?

California's lemon law was written for repairs done at a shop. It does not address over-the-air updates directly, and how they count can be disputed. What the statute does make clear is that the question is whether the manufacturer was given a reasonable opportunity to fix the defect and failed. A documented complaint followed by a fix that does not work is the kind of history that matters, wherever the fix was delivered.

NHTSA's records show these companies use over-the-air updates as official recall remedies. Rivian addressed defroster controls disabled by a software update (23V-783) and a rearview camera obstruction (26V-597) over the air. Lucid's recall remedies for sudden loss of drive power after an inverter fault (23V-523) and high-voltage contactors disconnecting while driving (24V-497) were software updates delivered over the air. So when an update targets your problem and the problem comes back, that sequence is worth documenting. Because an update leaves no repair order, you have to create the record yourself:

• Report the problem in writing first, through the app's service request or a message to support, so there is a dated complaint before the update.
• Screenshot the release notes and the software version before and after each update.
• Record what happens after: if the fault returns, report it again the same way and note the date and mileage.
• Ask for a written service record whenever a technician touches the vehicle, including mobile visits and remote diagnostics.

Software-driven faults in screens, cameras and controls are covered in our guide to electrical and infotainment problems.

Recalls you should know

A recall alone does not make a vehicle a lemon. The table is a selection from NHTSA's database, chosen to show safety-related issues and remedies that were redone. Check your VIN at nhtsa.gov/recalls.

The Polestar camera campaigns and the Rivian toe-link recall show why every remedy belongs in your file: a fix that has to be redone, or a problem introduced during service, can become part of your repair history.

Service-center access and the 30-day rule

Song-Beverly expects manufacturers to make repairs reasonably available. Civil Code § 1793.2 requires a manufacturer to "maintain in this state sufficient service and repair facilities reasonably close to all areas" where its goods are sold, or to designate independent repair facilities. Repairs must begin within a reasonable time and, unless you agree otherwise in writing, be completed within 30 days, extended only for conditions beyond the manufacturer's control. If the nature of a defect makes it impractical to bring the vehicle in, written notice to the manufacturer can count as returning it, and the manufacturer must then repair it at your residence, pick it up or arrange transport.

Service models vary. Rivian says owners book service through its app or Service Support, larger jobs go to a service center, and it is developing mobile service. Polestar says most of its retail spaces offer service at off-site, authorized service points. Lucid Customer Care is listed at +1 (888) 995-8243 on Lucid's site.

Long waits matter. Days out of service count toward the 30-day presumption, and a wait for an appointment or parts is worth logging. Keep the date you first asked for service, the date of the appointment and the date you got the vehicle back.

Polestar owners after the U.S. sales change

On June 25, 2026, Polestar announced it would stop selling new vehicles in the United States starting with model year 2027, after the Commerce Department declined to authorize it under the federal Connected Vehicle Rule, CollisionWeek reported. Polestar's U.S. operations page says "all existing warranties remain in effect and will continue to be honored," and that owners keep access to service, maintenance and repairs. Your lemon law rights do not depend on whether a manufacturer is still selling new cars. If you own or lease a Polestar with an unresolved defect, keep documenting it and get advice before your warranty or deadline runs out.

Reported litigation

Public lemon law results involving these newer manufacturers are scarce, since most claims settle privately. One reported consumer case: in June 2026, owners filed a proposed class action in the federal Central District of California alleging that Rivian marketed its first-generation R1T and R1S as getting hands-free, eyes-off driving that the vehicles cannot deliver, TechCrunch reported. The claims are fraud and misrepresentation, not lemon law, and they are allegations. Rivian declined to comment. Every case is different. Past results do not predict the outcome of any other case. For how a Tesla, another direct-sale EV, fits the same rules, see our Tesla lemon law guide.

Deadlines for Rivian, Lucid and Polestar claims

Rivian, Lucid and Polestar were not named among the manufacturers reported to have opted in to the 2025 procedures under AB 1755 and SB 26, in a February 2026 report by Consumers for Auto Reliability and Safety. Check the Department of Consumer Affairs list. If a manufacturer has not opted in, the older rules apply: generally four years under the Commercial Code's warranty statute of limitations, and tolling rules can apply. Call promptly rather than counting on the full period. Our guide to the 2025 lemon law changes under AB 1755 explains both systems.

How LaCour handles EV lemon law claims

LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, led by trial counsel. When a claim succeeds, the manufacturer pays the buyer's attorney's fees and costs. Send us your service records, screenshots and app messages 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.