Tesla is no stranger to recalls, but not every problem is flagged by the NHTSA. To make matters worse, companies like Tesla may actively try to cover up, dodge, or avoid drawing attention to faults that may be their fault. Luckily, there are still things you can do if you think your vehicle has a manufacturer-related issue.
Jessica Anvar, the Founder and Managing Partner of the Lemon Law Experts in California, spoke to AutoNotion and provided some advice for anyone who thinks Tesla has breached its warranty. She said:
“If you think Tesla has breached your vehicle’s warranty, the most important thing you can do is start documenting everything. Save your Tesla service records, app messages, appointment confirmations, repair invoices, photos, videos, and any written responses from Tesla.”
According to Anvar, Tesla may not be particularly helpful when it comes to acknowledging faults with your vehicle. Instead, they may try to gloss over any issues. During the interview, she outlined some things you should look out for when dealing with the Tesla dealership.
“For Tesla owners, it is especially important to watch for repeated repair visits, long service delays, “no problem found” responses, or Tesla saying the vehicle is “operating as designed” even though the issue keeps happening. These responses do not necessarily mean you do not have a claim. If the problem continues, keep reporting it and make sure each complaint is clearly documented in your service records.”
If you live in California, dealing with Tesla gets a lot easier
If you live in California, as many owners do, extra legislation is in place to keep you safe when dealing with things like a faulty car. California’s “Lemon Law” caps the number of attempts a manufacturer has to fix a problem before more serious action must be taken. Anvar explains:
“Under California’s lemon law, a manufacturer may be required to repurchase or replace a vehicle if it cannot repair a warranty-covered defect after a reasonable number of attempts. The issue generally needs to substantially affect the vehicle’s use, value, or safety.”
However, the lemon law doesn’t apply universally. According to the attorney, purchasing a used vehicle can drastically affect how the law is applied. As Teslas depreciate pretty heavily, it may be tempting to pick up a used one for a bargain price. But in turn, this can change how the Lemon Law is applied, even if the used vehicle has some of its warranty period remaining. Anvar tells us:
“You should also pay attention to whether the vehicle was purchased new or used. After Rodriguez v. FCA, a used vehicle is generally not covered as a “new motor vehicle” under California’s lemon law just because it was sold with the remainder of the original manufacturer’s warranty.
That does not automatically mean you have no rights, but it does make the facts of the sale and warranty coverage especially important.”
Even though California’s Lemon Law is pretty clear in many situations, legal cases can be pretty complex. One slip up can get the whole thing thrown out. That’s why, whether you’re in California or elsewhere, obtaining proper legal advice is important if you believe you have a case. Even if you aren’t sure, initial consultancies are often cheap or even free in some cases, so it’s worth checking with a legal professional if you’re having issues with your vehicle and believe Tesla or any other company may be at fault.
