Today’s vehicles are computers on wheels.
A new vehicle may have dozens of electronic control modules, cameras, radar sensors, wireless connections, software applications, and over-the-air updates.
That means a vehicle can have a serious problem even when nothing appears mechanically broken.
Software problems can be real vehicle problems
Examples include:
- infotainment systems that repeatedly crash;
- cameras that stop working;
- navigation systems that freeze;
- warning messages that appear incorrectly;
- driver-assistance systems that shut down;
- charging software problems;
- repeated electronic resets;
- vehicle systems that fail after software updates;
- loss of connectivity; and software that causes a mechanical or electrical system to malfunction.
Some software problems are annoying.
Others can affect the vehicle’s operation or safety.
Not every software glitch is a Lemon Law problem
This distinction is important.
A frozen entertainment screen that happens once may be very different from a recurring
software failure that disables critical vehicle functions.
The question is not simply whether software is involved.
The question is whether the vehicle has a defect or condition covered by the manufacturer’s warranty and whether the manufacturer has been unable to correct it after a reasonable number of opportunities.
Document software problems differently
Take photographs of warning messages.
If a screen displays an error, photograph it before restarting the vehicle if doing so is safe.
Write down:
- what system stopped working;
- what the vehicle did;
- whether the problem affected driving;
- whether the vehicle restarted;
- whether the dealer performed a software update;
- whether the problem returned; and
- how long the vehicle was unavailable.
What if the dealer says, “It’s just software”?
That phrase does not necessarily answer the question.
Software can control important vehicle functions.
If a software defect repeatedly causes a significant system to malfunction, it may be just as important to document as a mechanical problem.
Electric vehicles make this even more important
Electric vehicles can have software controlling:
- battery systems;
- charging;
- propulsion;
- regenerative braking;
- thermal management;
- driver assistance;
- displays; and
- communication between control modules.
A problem that looks like a “software glitch” may therefore have substantial consequences.
What if the manufacturer releases an update?
An update can solve the problem.
If it does, great.
But if the same problem returns after the update, document that too.
Repeated unsuccessful software updates may become part of the vehicle’s repair history.
Could a software problem support a Nevada Lemon Law claim?
Potentially.
Nevada’s Lemon Law applies to a new motor vehicle that does not conform to applicable
express warranties and cannot be brought into conformity after a reasonable number of
attempts.
The law does not say that a defect has to be a traditional mechanical failure.
The key issues are the warranty, the nature and effect of the nonconformity, and the
manufacturer’s repair opportunities.
Take the 30-Second Nevada New Car Problem Quiz
If your new car has been in the shop repeatedly, you don’t have to figure out
whether it might be a lemon by yourself.
Take our 30-second Nevada New Car Problem Quiz.
We’ll ask about your vehicle, warranty, repair history and time out of service.
Precision Injury Law represents Nevada consumers with qualifying vehicle
warranty and Lemon Law problems.
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