Crash Safety Defects — symptoms and safety implications
Defective airbag deployment, seatbelt-pretensioner failures, crashworthiness defects, automatic-emergency-braking failures.
Watch for these patterns:
- Airbag warning light that returns after multiple repair attempts
- Seatbelt-retractor failures or pretensioner false deployments
- Automatic-emergency-braking false-positive events (sudden unprovoked braking)
- Lane-keeping assist that fights the driver
- Crash-avoidance system disabled by software updates
Safety implications: Crash safety defects are the most serious — and most state lemon laws lower the repair-attempt threshold for safety-critical defects. Federal MMWA also applies.
If the dealer says it's normal and it isn't, that's why we exist.
What counts as a "reasonable number of repair attempts"
State lemon laws use specific repair-attempt counts in their presumption windows — typically 3-4 attempts for the same defect, or 30+ cumulative days out of service, within a window of 12-24 months / 12,000-24,000 miles. Specifics vary by state.
Federal Magnuson-Moss doesn't use a fixed number. MMWA asks whether the manufacturer has had a reasonable opportunity to repair — and reasonable depends on the severity. For safety-critical defects (brake, steering, airbag, fire risk), one or two attempts can be enough. For comfort-feature defects, the bar may be higher.
Two practical things you can do right now:
- Keep every repair order. The dealer is required to give you a written repair order — save them all, even the "no problem found" ones. They prove the manufacturer had the opportunity.
- Document the symptoms. Photo, video, or audio recording of the defect. Especially helpful when the dealer says they "can't reproduce" it.
This is general information, not legal advice. Take the case eligibility quiz to find out whether your specific repair history supports a claim.
How we use MMWA to push for cash settlements
Phantom braking (sudden unprovoked emergency braking) has been the subject of NHTSA investigations and class actions on multiple manufacturers (Tesla, Honda, Subaru, Toyota). If your vehicle exhibits this, you likely have a case.
The federal Magnuson-Moss Warranty Act has two features that change the math for crash safety defects claims:
- Fee-shifting. When the consumer wins, the manufacturer pays the consumer's reasonable attorney fees. That means we can afford to take cases that would be uneconomical on a pure-cost basis.
- Covers used vehicles with any written warranty. State lemon laws often exclude used vehicles. MMWA doesn't — if there's a written warranty (CPO, extended warranty, balance of original), MMWA applies.
Our default settlement structure: cash payment for diminished value, you keep the vehicle, manufacturer may pay our fees on top. Never out of your settlement.
How the case works
Same playbook, regardless of which defect drove you here.
Take the quiz
A few quick questions tell you whether your defect pattern likely supports a lemon law or MMWA claim.
We review
Send us photos of your purchase agreement, every repair order, and your warranty booklet.
We demand
We file a formal demand with the manufacturer. Most demands settle without court.
Cash settlement
You keep the vehicle, pocket cash for diminished value. We seek to have the manufacturer pay our fees under federal warranty law.