Does a recall make my car a lemon in California?
Getting a recall notice for your car is common, and a recall by itself does not mean your car is a lemon. But recalls can matter under California’s lemon law, the Song-Beverly Consumer Warranty Act, especially when the recall repair does not fix the problem, the defect keeps coming back, or your car spends a long time at the dealer waiting for parts.
What a recall is
A safety recall is issued when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle or equipment has a safety-related defect or does not meet a federal safety standard. Manufacturers generally must notify owners and fix the problem for free. You can check whether your vehicle has an open recall by entering your VIN on NHTSA’s recall lookup at nhtsa.gov/recalls or on the manufacturer’s website. Manufacturers also issue technical service bulletins and extended warranty programs for known problems that are not safety recalls.
When a recall may matter for a lemon law claim
- The recall repair did not work. If the same problem continues after the recall repair, that history may be relevant.
- The recall is for a problem you already reported. Earlier repair visits for the same symptoms may help show a pattern.
- Parts are not available. Long waits for a recall remedy can add up to many days out of service. The lemon law presumption considers whether the car was out of service for repairs more than 30 days within the first 18 months or 18,000 miles.
- The defect is serious. Defects that create a risk of serious injury, such as brake, steering, fire, or airbag problems, can count after fewer repair attempts under the presumption.
- The car is told not to be driven or parked indoors. “Do not drive” or “park outside” advisories can significantly affect a car’s use, value, or safety.
Whether recall visits count as repair attempts, and whether a particular vehicle qualifies, depends on the facts, the warranty, and the repair records. See what is the California lemon law presumption for how the 2, 4, and 30-day thresholds work, and remember that cars outside those numbers can still qualify.
Keep your records complete
- Keep every recall notice you receive by mail, email, or app.
- Get a written repair order for every visit, including recall visits, that lists your complaint in your own words, the dates in and out, and the mileage.
- Ask about loaner or rental cars while waiting for recall parts, and keep the paperwork.
- Write down symptoms that continue after a recall repair, with dates, photos, or videos of warning lights.
- Do not skip a recall repair. Getting safety recalls done protects you and keeps your records clear.
For more steps, see what to do if the dealer can’t fix your car.
Recalls on used and leased cars
Recalls generally follow the vehicle, so a used car can still receive a free recall repair. Whether a used or leased vehicle is protected by the lemon law depends on its warranty and how it was sold; see used car lemon law in California and lemon law for leased cars. If a manufacturer repurchases a vehicle, restitution generally covers what you paid or owe, less a mileage offset; see how a buyback is calculated.
Think your car may be a lemon? An attorney can review your repair history for free, with no obligation. The manufacturer pays attorney fees if you win, so there is nothing out of pocket for you.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.
Related articles
- Does my car qualify under California lemon law?
- How a lemon law buyback is calculated (including the mileage offset)
- What to do if the dealer can't fix your car
- Used car lemon law in California: what's covered
- Lemon law for leased cars in California
- What is the California lemon law presumption (Tanner Act)?
- Is my electric car a lemon? California lemon law for EVs