For a long time, self-driving cars were just a dream. But now, carmakers like Cadillac are making them a reality. Some Cadillac cars even have hands-free driving technology. But this new idea can be tricky because both self-driving and regular cars are made by people, so they can have mistakes. This means that the Cadillac lemon law and other lemon laws might need to change to cover software problems.
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Software Becomes As Important As Hardware
In the 1970s, the lemon law was created to protect people who bought cars with problems. Back then, self-driving cars were just an idea, and the law was focused on hardware defects. The law’s goal was to make sure people didn’t get stuck with bad cars while they were under warranty. To be a lemon, a car has to have big issues that affect how it works and is used.
Now that self-driving Cadillacs are being made, software is becoming just as important as hardware. The car’s software controls how it moves and interacts with other cars, as well as its brakes and speed. If the software has a small problem, it could be very dangerous. So, carmakers need to rethink what a “defect” means and make software just as important as hardware in the lemon law.
Changing the Definition of “Substantial Defects”
The term “substantial defects” in the lemon law has caused arguments in the past. It refers to problems that affect the car’s value, use, and safety. But software issues might not fit this definition because they can be harder to find than hardware problems.
For example, it’s easy to notice problems like squeaky brakes or engine issues. That’s why the lemon law has a “reasonable repair attempts” condition. This means the car has to have:
- Two or more repair attempts for a serious issue.
- More than three visits to the dealership for different problems under warranty.
- Been out of use for at least 30 days because of a defect.
But self-driving cars that depend on software don’t have this advantage. Their problems might not be obvious, and by the time they’re found, it could be too late and cause a bad accident.
Some software problems can happen suddenly and lead to dangerous situations. For example, a self-driving car might speed up instead of braking because of a software mistake, causing a crash. Waiting for a “reasonable number of attempts” before calling a software issue a safety risk is dangerous. So, the lemon law might need to change to include software defects.
Defective Software Could Extend Warranty Periods
Right now, the lemon law in California only applies to cars bought or leased in the state and still under warranty. To fully protect the buyer, the car has to have problems within the first 18 months or 18,000 miles.
But this might be outdated because it was made when hardware problems were the main concern. Now that software is a big part of cars and can cause issues, the lemon law’s time and location limits might not work anymore.
Car companies like General Motors release software updates often, sometimes even daily. But with new updates come new ways for the car to malfunction. This could be a problem when the car’s warranty runs out.
It’s possible that the lemon law will change because of the new software. There might be a separate section for defective software in the Cadillac law. It could also have no limits on time or mileage for software problems because software is always changing.
Read more about the Cadillac Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.
Conclusion
The future of driving will be exciting as cars depend more on software. We hope that lemon law experts work with car buyers to keep this in mind.
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Consult a Lemon Law Specialist Now
If you suspect that your car might be a lemon, you should speak with an experienced California Lemon Law attorney. It is best to get one who can assess your situation. Also, he must inform you of how the law applies to your particular situation. And he will also help you through the claim process. For a free appointment, call us at (323) 553-7525 or fill out the form above.
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