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By Patrea R. Bullock, Esq. | The California Lemon Law Expert | Published: August 3, 2026 | Last updated: August 3, 2026

Quick Answer: An electric vehicle that loses power or shuts down while driving is a serious safety defect that may support a California lemon law claim under the Song-Beverly Consumer Warranty Act — and safety-related defects may require fewer repair attempts than minor problems before a vehicle qualifies as a lemon. In one California case, a 2020 Jaguar I-PACE died while in motion after displaying a reduced brake-pedal warning; both the main and auxiliary batteries failed load testing and were replaced, and the owner’s lemon law claim was resolved through settlement.

Key Takeaways

  • Loss of propulsion in traffic implicates safety — one of the three impairment categories (use, value, safety) under California lemon law.
  • A serious safety defect may require fewer repair opportunities than a minor inconvenience before the vehicle qualifies.
  • In this case, low-voltage fault codes led to replacement of both batteries, a battery-management-system reset, and a body-control-module reset.
  • Even if the EV restarts, present it for repair and make the repair order say the vehicle lost power while moving.

An electric vehicle that loses power while being driven creates a serious safety risk. The driver may be unable to accelerate, maintain speed, cross an intersection, merge into traffic, or move away from danger. Even if the vehicle later restarts, the owner may reasonably fear that the failure will happen again.

A California lemon law case involving a 2020 Jaguar I-PACE included a complaint that the vehicle died while in motion and displayed multiple dashboard faults. The case later settled.

A Jaguar I-PACE Reportedly Died While Moving

The repair order states that the vehicle died while in motion and displayed multiple faults. A reduced brake-pedal message had reportedly appeared before the incident.

The dealership found numerous low-voltage fault codes. Both the main and auxiliary batteries failed load testing. The dealership replaced both batteries, reset the battery-management system, and performed a body-control-module reset.

Why Low-Voltage Battery Failure Can Shut Down an EV

Electric vehicles usually contain both a high-voltage propulsion battery and a separate low-voltage electrical system. The low-voltage system may support:

  • Control modules
  • Computers
  • Relays
  • Displays
  • Sensors
  • Cameras
  • Door systems
  • Warning systems
  • Communication between major vehicle components

A low-voltage failure may cause multiple error messages or prevent vehicle systems from communicating correctly.

Loss of Power Is Often an Intermittent Defect

A vehicle may operate normally by the time it reaches the dealership. That does not make the prior failure insignificant. Loss of propulsion may occur only when:

  • The battery reaches a certain charge
  • The vehicle has been driven for a specific period
  • The weather is unusually hot or cold
  • A module loses communication
  • The vehicle is restarted
  • Several electrical loads are active
  • The vehicle has been parked for an extended period

Owners should still present the vehicle for repair even if it restarts.

What to Do After an Electric Vehicle Loses Power

Protect your safety first. When possible:

  • Move out of traffic.
  • Activate hazard lights.
  • Photograph all dashboard warnings.
  • Record the mileage.
  • Note the battery charge level.
  • Write down the driving conditions.
  • Contact roadside assistance if the vehicle is unsafe to drive.
  • Ask the dealership to document that the vehicle lost propulsion while moving.

Do not let the repair order describe the event only as “check warning light” if the vehicle actually stopped or lost power in traffic.

How Many Repair Attempts Are Reasonable for a Safety Defect?

California lemon law does not require the same number of repair attempts in every case. A serious safety-related condition may require fewer opportunities than a minor inconvenience. The analysis depends on the severity, frequency, repair history, and whether the defect continues.

Relevant circumstances may include:

  • Loss of propulsion at highway speed
  • Failure in an intersection
  • Brake or steering warnings
  • Inability to restart
  • Towing
  • Repeated battery replacement
  • Recurrent electrical fault codes
  • The manufacturer’s inability to identify the cause

California’s statutory presumption (Cal. Civ. Code § 1793.22) recognizes this distinction: within the first 18 months of delivery or 18,000 miles (whichever comes first), as few as two repair attempts may trigger the presumption for a defect likely to cause death or serious bodily injury, provided the buyer gave any direct notice to the manufacturer that the warranty materials require. Learn more about the CA Lemon Law Presumption.

What if the Dealership Replaces the Battery?

A battery replacement may be a repair attempt, but the important question is whether the vehicle remains repaired. If the vehicle later displays similar warnings, shuts down again, or develops related electrical problems, return it promptly and identify the prior battery replacement.

A temporary improvement does not necessarily establish a permanent repair.

Can an EV Loss-of-Power Case Qualify Under California Lemon Law?

Potentially, yes. A vehicle may qualify when a warranty-covered defect substantially impairs its use, value, or safety and the manufacturer cannot repair it within a reasonable number of opportunities.

A loss-of-power claim may become stronger when supported by:

  • Detailed repair orders
  • Diagnostic fault codes
  • Failed battery tests
  • Battery or module replacement
  • Towing records
  • Videos or photographs
  • Repeated related electrical failures

Frequently Asked Questions

My EV shut down while driving but works now. Do I still have a lemon law claim?

Possibly. Intermittent loss of propulsion is still a serious safety complaint. Present the vehicle for warranty repair, photograph the warnings, and make sure the repair order states the vehicle lost power while in motion — not just “check warning light.”

How many repair attempts are needed for a safety defect in California?

There is no universal number, but serious safety defects may require fewer attempts. Under California’s statutory presumption, as few as two attempts within the first 18 months of delivery or 18,000 miles (whichever comes first) may apply to a defect likely to cause death or serious bodily injury, together with any direct manufacturer notice the warranty materials require.

Does a battery replacement fix the problem for lemon law purposes?

Only if the vehicle stays fixed. If similar warnings or shutdowns return after a battery replacement, the recurrence — documented on a new repair order that references the earlier replacement — may strengthen the claim.

A note on deadlines: California lemon law claims are subject to filing deadlines. Procedural changes that took effect in 2025 (AB 1755 and SB 26) added pre-suit notice requirements and filing windows — generally one year after the express warranty expires and no more than six years after original delivery — for manufacturers that opted into the new process. Whether those rules apply to your claim depends on your manufacturer’s election, so acting promptly is the safest course.

Disclaimer: Prior results do not guarantee a similar outcome. Every California lemon law claim depends on its own facts, repair history, and warranty coverage.

Contact The California Lemon Law Expert to request a free California lemon law case evaluation for an EV that lost power while driving.

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2020 Jaguar I-PACE Lemon Law Settlement in Sacramento County

2019 Jaguar I-Pace Lemon Law Settlement in Fresno County

Can Software Problems Make a Car a Lemon in California?

The CA Lemon Law Presumption

By Patrea R. Bullock, Esq. | The California Lemon Law Expert | Published: August 3, 2026 | Last updated: August 3, 2026

Quick Answer: Yes. A vehicle may qualify as a lemon under California’s Song-Beverly Consumer Warranty Act because of recurring software or electronic problems. Software now controls braking systems, cameras, climate, charging, steering assistance, battery management, and driver profiles — and a manufacturer cannot avoid lemon law responsibility merely by describing a recurring warranty defect as “just a software issue.” The defect must substantially impair the vehicle’s use, value, or safety and remain unfixed after a reasonable number of repair attempts.

Key Takeaways

  • Software-controlled systems — cameras, charging, climate, braking warnings, profiles — are covered when the defect is under warranty and substantially impairs use, value, or safety.
  • One 2020 Jaguar I-PACE case involved software-related repairs to at least nine control systems, plus recurring camera, profile, heating, charging, and wiper problems, before settling.
  • Repeated software updates that do not hold are evidence that earlier repairs failed.
  • “No update available yet” does not eliminate the consumer’s rights — it may strengthen the claim.

Modern vehicles rely on software for far more than entertainment. Software may control braking systems, cameras, climate functions, charging, steering assistance, driver profiles, battery operation, safety sensors, and numerous other vehicle functions.

A manufacturer cannot necessarily avoid lemon law responsibility merely by describing a recurring defect as a software issue.

Modern Vehicles Are Computers on Wheels

Today’s vehicles contain multiple control modules that communicate with each other. Software may affect:

  • Starting and shutting down
  • Battery management
  • Charging
  • Backup cameras
  • Parking sensors
  • Climate controls
  • Navigation
  • Driver profiles
  • Windshield wipers
  • Steering systems
  • Brake systems
  • Infotainment displays

When software does not operate correctly, the vehicle may lose one feature or multiple systems at once.

A Jaguar I-PACE Case With Repeated Software Repairs

A California lemon law case involving a 2020 Jaguar I-PACE included numerous module updates, resets, and reprogramming procedures. The dealership performed software-related repairs involving:

  • The infotainment master controller
  • The transmission control system
  • The image-processing module
  • The battery-energy control module
  • The climate-control system
  • The occupant-monitoring module
  • The body-control module
  • The anti-lock braking system
  • The power-steering control module

The vehicle’s recurring problems included backup-camera failures, disappearing driver profiles, heating failures, charging-setting problems, and automatic-wiper malfunctions. The case later settled.

The Backup Camera Required Multiple Software Repairs

The rearview camera intermittently failed to appear in reverse. The dealership initially could not reproduce the concern. It later performed an infotainment controller update and transmission-related programming.

At another visit, the dealership verified the camera failure and found that the image-processing module required a software update.

Repeated software updates may be evidence that the first repair did not permanently correct the problem.

A Software Update Did Not Fix Disappearing Driver Profiles

The vehicle repeatedly deleted saved driver profiles. The dealership updated the occupant-monitoring module. When the issue returned, the dealership found a memory fault and replaced the module. The profile problem later returned again, requiring another module replacement and programming.

This demonstrates that a problem initially treated as software-related may ultimately involve defective hardware, memory, or a control module.

When Does a Software Defect Become a Lemon Law Issue?

A software problem may support a claim when:

  • It is covered by the manufacturer’s warranty
  • It substantially impairs use, value, or safety
  • The manufacturer has been given reasonable repair opportunities
  • The problem continues or repeatedly returns
  • Updates or resets do not permanently correct it

The feature affected matters. A temporary issue with a minor display preference may be viewed differently from a defect involving braking warnings, loss of propulsion, a backup camera, charging, steering, or climate control.

What if the Dealership Says No Repair Is Available Yet?

Sometimes a dealership states that no update or repair is currently available. That does not necessarily eliminate the consumer’s rights. The manufacturer’s inability to provide a repair may strengthen the argument that the vehicle could not be conformed to warranty within a reasonable period.

Consumers should ask that the repair order state:

  • The defect was reported
  • The dealership verified it, when applicable
  • No repair or update was available
  • The manufacturer was contacted
  • The owner was advised to wait for future software

What if an Update Temporarily Fixes the Problem?

Return to the dealership if the problem reappears. Make sure the repair order identifies:

  • The prior update
  • The date the problem returned
  • Whether the failure is identical
  • Whether the feature worked temporarily
  • Any related error messages

A sequence of temporary fixes may demonstrate that the manufacturer had multiple opportunities but did not achieve a lasting repair.

Frequently Asked Questions

Does California lemon law cover software and infotainment defects?

Yes, when the defect is covered by the manufacturer’s warranty and substantially impairs the vehicle’s use, value, or safety. The Song-Beverly Consumer Warranty Act does not distinguish between mechanical and software defects.

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

A warranty visit where the dealership attempts to fix a reported defect — including through a software update, reset, or reprogramming — may count as a repair opportunity. How courts treat remotely pushed over-the-air updates that occur without presenting the vehicle to a repair facility is a developing area, which is one more reason to keep reporting the defect to an authorized dealership and to document each visit on a repair order.

What if the manufacturer says a fix is coming in a future update?

Waiting indefinitely is not required. If no repair is available, ask the dealership to document that on the repair order. The absence of an available repair may support the argument that the vehicle could not be conformed to warranty within a reasonable time.

A note on deadlines: California lemon law claims are subject to filing deadlines. Procedural changes that took effect in 2025 (AB 1755 and SB 26) added pre-suit notice requirements and filing windows — generally one year after the express warranty expires and no more than six years after original delivery — for manufacturers that opted into the new process. Whether those rules apply to your claim depends on your manufacturer’s election, so acting promptly is the safest course.

Disclaimer: Prior results do not guarantee a similar outcome. Every California lemon law claim depends on its own facts, repair history, and warranty coverage.

Contact The California Lemon Law Expert to request a free lemon law evaluation for recurring software or electronic defects.

Related Posts

Jaguar I-PACE Electrical Problems: Battery Failures, Warning Lights, and Loss of Power

Jaguar I-PACE Backup Camera Problems and California Lemon Law

Jaguar I-PACE Driver Profiles Keep Disappearing: Is It a Lemon Law Problem?

What Does “Could Not Duplicate” Mean in a California Lemon Law Case?

Electric Vehicle Loses Power While Driving: California Lemon Law Rights