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Automatic emergency braking problems and the lemon law
Yes. Automatic emergency braking problems count under the lemon law like any defect the dealer cannot fix: in most states 3 or 4 repair attempts for the same problem, or about 30 days in the shop, inside the protection period. Because automatic emergency braking problems can cause a crash or injury, 19 states need fewer attempts: 14 of them 1, 5 of them 2. Owners filed 11,464 automatic emergency braking complaints with NHTSA for 2021 to 2027 models of 35 makes, 11% of all their complaints.
When automatic emergency braking problems count
- The same problem, again and again. Each repair visit for it is an attempt. Report it in the same words each time.
- Inside the protection period, 12 to 36 months after delivery depending on the state.
- Or about 30 days in the shop in total, for this and other covered defects.
- As a safety defect. 14 states presume a lemon after 1 attempt and 5 after 2 for a defect that could cause death or serious injury. By state.
What to tell the dealer
Describe what happens: the car braking hard for no reason (phantom braking), false collision warnings, or no warning at all.
- Note the date, time, road and speed each time, and take a dashcam clip if you have one.
- Ask the dealer to record each event, even if the system "works as designed".
- Tell the maker in writing that the defect could cause a crash.
Makes with the most automatic emergency braking complaints
| Make | Complaints | Share of the make's complaints |
|---|---|---|
| Tesla | 3,261 | 44% |
| Honda | 1,478 | 14% |
| Hyundai | 1,043 | 13% |
| Ford | 769 | 6% |
| Chevrolet | 717 | 8% |
| Volkswagen | 562 | 14% |
| Jeep | 549 | 8% |
| Nissan | 408 | 10% |
| Kia | 400 | 7% |
| Subaru | 297 | 11% |
| Mercedes-Benz | 261 | 15% |
| Ram | 255 | 8% |
Latest recalls in this area
- Lincoln, June 30, 2026: 2026 Nautilus Hybrid, 2024 Nautilus Hybrid, 2027 Nautilus Hybrid, 2025 Nautilus Hybrid, about 66,383 vehicles. NHTSA recall 26V415000
- Genesis, December 1, 2025: 2026 G90, 2025 G90, 2024 G90, 2023 G90, about 483 vehicles. NHTSA recall 25V833000
Questions people ask
Does the lemon law cover automatic emergency braking problems?
Yes. Automatic emergency braking problems count under the lemon law like any defect the dealer cannot fix: in most states 3 or 4 repair attempts for the same problem, or about 30 days in the shop, inside the protection period. Because automatic emergency braking problems can cause a crash or injury, 19 states need fewer attempts: 14 of them 1, 5 of them 2.
Which makes have the most automatic emergency braking complaints?
Tesla (3,261), Honda (1,478), Hyundai (1,043), for 2021 to 2027 models in NHTSA's files. Big sellers get more complaints, so a count is not a defect rate.
What should I tell the dealer about automatic emergency braking problems?
Describe what happens (the car braking hard for no reason (phantom braking), false collision warnings, or no warning at all), when and how often, the same way every visit, and make sure it is written on the repair order.
About the data
From NHTSA's complaint files, complaints received 2020 to now for 2021 to 2027 model years, counted by the component the owner named (Forward Collision Avoidance). A complaint can name more than one component. Complaints are what owners report, not findings, and big sellers get more of them. Read on October 26, 2026.
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