If your Atlas, Tiguan, ID.4, Q5 or e-tron has been back to the dealer again and again for the same defect, you may have a claim under the Volkswagen lemon law California drivers rely on: the Song-Beverly Consumer Warranty Act. Volkswagen and Audi are both part of the Volkswagen Group, and the same rules apply to both. When a manufacturer and its dealers cannot fix a warranty defect after a reasonable number of attempts, the manufacturer must repurchase or replace the vehicle.
This guide lists documented Volkswagen and Audi recalls with NHTSA campaign numbers, explains a 2024 California appellate ruling in a case against Volkswagen that matters to anyone who receives a buyback offer, covers warranty terms, and sets out the deadlines. It is general information as of October 2026, not legal advice, and it does not suggest that Volkswagen or Audi vehicles in general are defective.
How California's lemon law works for a Volkswagen or Audi
Under Civil Code § 1793.2(d)(2), when a new vehicle cannot be conformed to its express warranty after a reasonable number of attempts, the manufacturer must promptly replace it or make restitution, at the buyer's choice. Restitution covers the price paid, collateral charges such as tax and registration, and incidental damages, minus an offset based on the miles driven before the first repair visit for the defect, divided by 120,000 (§ 1793.2(d)(2)(C)). Try the numbers in our lemon law buyback calculator.
Within 18 months of delivery or 18,000 miles, whichever comes first, Civil Code § 1793.22(b) presumes a reasonable number of attempts after two repairs of the same defect likely to cause death or serious bodily injury, four repairs of the same defect, or more than 30 cumulative days out of service. For the first two, you must also have notified the manufacturer directly if the warranty or owner's manual clearly disclosed that requirement. Claims outside those numbers can still succeed when the number of attempts was reasonable. 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).
Volkswagen and Audi warranty terms
Volkswagen's Carefree Coverage page describes "4 years or 50,000 miles of New Vehicle Limited Warranty coverage (whichever occurs first)," standard on model year 2020 and newer Volkswagens, and an 8-year or 100,000-mile High-Voltage Battery Limited Warranty for the ID.4 and ID. Buzz. Audi's warranty page states that its New Vehicle Limited Warranty "lasts four years or 50,000 miles—whichever occurs first," and for the model year 2021 e-tron, Audi lists 8 years or 100,000 miles of high-voltage battery coverage, noting that warranty repairs may not restore the battery to full "as new" capacity. Check the warranty booklet for your model year, and look in it for any instruction to notify the manufacturer in writing.
The Department of Consumer Affairs' list of manufacturers in the state-certified California Dispute Settlement Program does not include Volkswagen or Audi. If your booklet names another program, read Civil Code § 1793.22(c) with a lawyer: only a qualified, state-certified program can affect when you may rely on the presumption.
Volkswagen and Audi recalls you should know
A recall does not make a vehicle a lemon by itself. Recalls matter in two ways: they can explain a symptom you keep reporting, and a recall repair that later has to be redone becomes part of your repair history. Several Volkswagen recalls below replaced or expanded earlier ones. The table is a selection from NHTSA's database. Check your VIN at nhtsa.gov/recalls.
| Model years | Issue | NHTSA campaign no. | Source |
|---|---|---|---|
| ID.4 2021–2024 | Water can enter the exterior door handle circuit board, and doors may open unexpectedly (99,064 vehicles). This expanded recalls 23V-213 and 23V-312; vehicles repaired under those still need the new remedy. | 24V-651 | NHTSA |
| Atlas 2021–2024, Atlas Cross Sport 2020–2024 | A wiring fault in the passenger occupant detection system may turn off the front passenger airbag when the seat is occupied (271,330 vehicles). An earlier recall, 23V-215, covered the same issue on 2018–2021 Atlas and 2020 Atlas Cross Sport. | 24V-464 | NHTSA |
| Atlas 2021, Atlas Cross Sport 2020–2021 | One or both steering knuckles may have been damaged in production. Owners were advised not to drive until the vehicle was inspected. | 20V-712 | NHTSA |
| Audi e-tron 2019–2022, e-tron Sportback 2020–2022 | Some high-voltage battery modules may overheat, increasing fire risk. Dealers install monitoring software and replace affected modules. | 23V-867 | NHTSA |
| Audi e-tron 2019–2024, e-tron Sportback 2020–2024 | An improperly assembled fastener can let the brake pedal detach from the brake booster, causing loss of braking. | 24V-621 | NHTSA |
| Audi Q5 plug-in hybrid 2021–2024, A7 plug-in hybrid 2022 | The high-voltage battery may overheat. Owners were told not to charge until the battery is replaced. This expanded and replaced recall 24V-898. | 25V-080 | NHTSA |
Vehicle counts are NHTSA's figures where it lists them. Doors that open while driving, airbags that switch off and brake pedals that detach are the kinds of defects that can bring the two-attempt safety rule into play; see our guide to brake, steering and airbag safety defects. For ID.4, e-tron and plug-in hybrid charging and battery issues, see our guide to EV battery and charging problems.
Reported cases and settlements involving Volkswagen
These are reported results in cases handled by other lawyers. They are not LaCour results.
| Year | Case | Type | What was reported | Source |
|---|---|---|---|---|
| 2024 | Carver v. Volkswagen Group of America, Inc. (Court of Appeal, published) | Ruling for Volkswagen | The lessee of a 2021 Atlas asked for a repurchase on April 5, 2022. Volkswagen offered one 23 days later, plus a $7,500 "cash and keep" alternative; the offer was never accepted. The majority held the offer was prompt as a matter of law and that a repurchase offer may be conditioned on financial confidentiality. One justice dissented. Summary judgment for Volkswagen was affirmed. | Opinion, December 26, 2024 |
| 2016 | Volkswagen and Audi 2.0-liter TDI diesel class settlement (N.D. Cal.) | Class settlement | Judge Charles Breyer gave final approval on October 25, 2016, to a settlement funding up to $10.033 billion for buybacks, lease terminations or approved emissions modifications covering about 475,000 2.0-liter diesel vehicles, with cash payments under either option. | Class counsel announcement |
Carver is a reminder that the timing and terms of an offer matter. In that case, turning down an offer the court found prompt and lawful ended the claim. If you receive any offer from Volkswagen or Audi, including a "cash and keep" payment, have it reviewed before the deadline in the letter; our guide to a manufacturer buyback or cash-and-keep offer explains what to check. An earlier decision involving BMW treated a confidentiality term differently, as our BMW and MINI guide describes.
For context, a consumer-group analysis cited by CalMatters counted one lemon lawsuit for every 304 Volkswagens sold in California, compared with one for every 2,029 Toyotas. Lawsuit counts reflect many factors and do not show that any particular vehicle is defective. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.
Building your Volkswagen or Audi repair record
- Get a repair order for every visit, even when the dealer says "no fault found." Ask that it record your complaint in your own words.
- Use the same description each time, such as "door unlatched while driving" or "airbag off light with passenger seated."
- Photograph warning lights and screens with the date and mileage, and screenshot app alerts.
- Keep every recall letter and invoice. When a recall is expanded or replaced, the earlier invoice shows how long the problem has gone on.
- Track days out of service and keep rental, towing and rideshare receipts.
- Keep charging records for EV and plug-in hybrid problems, including any instruction not to charge.
What to do if your Volkswagen or Audi keeps going back to the dealer
- Keep using an authorized dealer and keep the paper.
- Contact Volkswagen Customer CARE at 1 (800) 822-8987, the number on vw.com, or Audi through the contact options on audiusa.com. Write down the case number.
- If your booklet asks for written notice to the manufacturer, send a short dated letter describing the unrepaired defect.
- Do not reject or accept a buyback or cash-and-keep offer until it has been reviewed, and note any response deadline.
- Gather your contract, every repair order and the warranty booklet for a free review.
Deadlines for Volkswagen and Audi claims
Volkswagen and Audi 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, which can change each year. If neither opted in, the older rules apply: generally four years under the Commercial Code's warranty statute of limitations, and tolling rules can apply. When the clock starts can be disputed, so call promptly. Our guide to the 2025 lemon law changes under AB 1755 compares the two systems.
How LaCour handles Volkswagen and Audi 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 repair orders for a free, confidential review.
Frequently asked questions
Is my VW ID.4 a lemon if the door handles were recalled?
Not by itself. But a door that can open while driving is a safety defect, so two repair attempts within 18 months or 18,000 miles can support a presumption. Repeat door-handle repairs, including redone recall work, belong in your repair history.
Should I accept Volkswagen's cash-and-keep offer?
Have it reviewed first. In Carver, a California appeals court held that a prompt, lawful repurchase offer that was not accepted defeated the buyer's claim. The right answer depends on the offer's amount, terms and timing.
Does the lemon law cover an Audi e-tron battery problem?
It can. A high-voltage battery defect that the dealer cannot fix after a reasonable number of attempts can qualify, and battery fire risk can be a safety defect. Normal capacity loss within the warranty's terms is a different question.
How long is the Volkswagen warranty?
Volkswagen describes 4 years or 50,000 miles of New Vehicle Limited Warranty coverage on model year 2020 and newer vehicles, plus 8 years or 100,000 miles for the ID.4 and ID. Buzz high-voltage battery. Audi's new vehicle warranty is also 4 years or 50,000 miles.
What is the deadline for a Volkswagen or Audi lemon law claim?
They were not reported among the opted-in manufacturers as of early 2026, so the older rules generally apply, usually four years, with tolling rules that can affect timing. Confirm the current list and call promptly.
Sources
- Volkswagen of America, Carefree Coverage overview
- Volkswagen of America, Contact Us (Customer CARE)
- Audi of America, Audi warranties
- Audi of America, e-tron battery limited warranty coverage
- Civil Code § 1793.2, repurchase, replacement and offset
- Civil Code § 1793.22, Tanner Act presumption and dispute programs
- California Department of Consumer Affairs, California Dispute Settlement Program, participating manufacturers
- NHTSA, Recall 24V-651, ID.4 exterior door handles, 2024
- NHTSA, Recall 24V-464, Atlas passenger occupant detection, June 2024
- NHTSA, Recall 20V-712, Atlas steering knuckles, November 2020
- NHTSA, Recall 23V-867, Audi e-tron battery modules, December 2023
- NHTSA, Recall 24V-621, Audi e-tron brake pedal, August 2024
- NHTSA, Recall 25V-080, Audi plug-in hybrid battery, February 2025
- California Court of Appeal, Carver v. Volkswagen Group of America, Inc., No. B331076, December 2024
- Keller Rohrback, "Court Grants Final Approval of 2.0-Liter Settlement," October 2016
- CalMatters, "Newsom wants a do-over on the lemon car law he just signed," October 2024
- Consumers for Auto Reliability and Safety, AB 1755 coverage, February 2026
- California Department of Consumer Affairs, opted-in manufacturers list
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.