If your vehicle has been recalled, you may be wondering whether that automatically makes it a lemon under California law. The short answer is: not always—but it can strengthen your claim if the issue isn’t properly fixed.
Here’s how vehicle recalls affect California lemon law claims and what you should do if your car has both a recall and ongoing problems.
What Is a Vehicle Recall?
A vehicle recall happens when a manufacturer identifies a defect that affects safety, performance, or compliance with federal standards. Recalls often involve:
- Brake system failures
- Airbag defects
- Engine or electrical issues
- Fire risks or safety hazards
Manufacturers are required to fix recall issues at no cost to the owner.
Does a Recall Automatically Make a Car a Lemon?
Not necessarily. A recall alone does not automatically qualify a vehicle under California Lemon Law.
However, a recall becomes important if:
- The repair does not fix the problem, or
- The issue keeps coming back after multiple repair attempts, or
- The vehicle is unsafe to drive, or
- Your car spends extended time in the shop
In these situations, a recall can become strong evidence of a serious defect.
When a Recall Can Support a Lemon Law Claim
A recalled vehicle may qualify as a lemon if it meets the standard requirements:
1. The Defect Is Substantial
The issue must affect the vehicle’s use, safety, or value. Many recalls involve safety-related defects, which can strengthen a claim.
2. The Manufacturer Cannot Fix the Problem
Even after recall repairs, the issue continues or returns.
3. Multiple Repair Attempts or Excessive Downtime
Your claim becomes stronger if:
- The same issue has been repaired multiple times, or
- The vehicle has been out of service for 30+ days for repairs
What If the Recall Repair Takes Too Long?
Delays in recall repairs—especially due to parts shortages—can contribute to a lemon law claim.
If your vehicle is:
- In the shop for weeks or months, or
- Unsafe to drive while waiting for parts
This downtime may count toward the 30-day out-of-service threshold, depending on the circumstances.
What Should You Do If Your Vehicle Has a Recall?
If your vehicle is subject to a recall and continues to have problems:
- Schedule the recall repair as soon as possible
- Keep all repair invoices and recall notices
- Document any recurring issues after the repair
- Track how long your vehicle is out of service
This documentation can be critical if the issue turns into a lemon law claim.
When to Speak With a Lemon Law Attorney
You should consider speaking with a lemon law attorney at California Lemon Law Services, a division of JSGM LAW LLP if:
- The recall repair did not fix the issue
- The problem keeps returning
- Your vehicle has been in the shop multiple times
- You feel the vehicle is unsafe to drive
One of our experienced attorneys can review your case and determine whether the recall-related defect qualifies for a buyback, replacement, or compensation. In most successful claims, the manufacturer is also required to pay the consumer’s attorney fees.
