My Car Stalls or Loses Power While Driving. Is It a Lemon?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

Signs Your Stalling Car May Qualify

• The engine shut off, or the car lost power, at least once while you were driving
• You took it to an authorized dealer for the problem at least once, and ideally twice
• The car is still under the manufacturer's new car warranty, or the problem started while it was
• The repair order lists stalling or loss of power in your words
• The problem came back after a repair, a reset or a software update
• Warning lights or messages such as 'reduced power' appeared when it happened

Why Stalling Is Treated as a Serious Defect

Losing power at speed is not a comfort problem. When an engine or electric drive unit cuts out, you can lose power steering assist, the brakes can take more effort, and the cars behind you do not expect you to slow down. A stall while merging, turning left across traffic or crossing railroad tracks can put you in real danger in seconds.

That is why stalling sits near the top of the list of defects lemon law attorneys see as safety problems. California's lemon law, the Song-Beverly Consumer Warranty Act (Civil Code 1790 and following), protects buyers and lessees of new vehicles when the manufacturer or its dealers cannot fix a warranty defect that substantially impairs use, value or safety after a reasonable number of attempts. A car that might quit on the freeway impairs all three.

If that standard is met, the manufacturer must replace or repurchase the vehicle, and you get to choose a buyback instead of a replacement (Civil Code 1793.2(d)(2)). The law does not require that you were hurt or that you crashed. It is enough that the defect is real, it is covered, and the repairs did not work.

Stalling also shows up in many forms. Some cars shut off completely and need to be restarted. Others drop into a reduced power or limp mode and crawl along at low speed. Some hybrids and EVs show a 'stop safely now' message and coast to a halt. Lemon law attorneys treat all of these as loss of power events, and you should describe each one exactly as it happened.

How the Two-Repair Safety Presumption Applies

California's Tanner Act gives buyers a shortcut called a presumption. Under Civil Code 1793.22(b), within 18 months or 18,000 miles (whichever comes first), a reasonable number of attempts is presumed if a defect likely to cause death or serious bodily injury was subject to repair two or more times. For most other defects the number is four repairs, or more than 30 total days out of service.

Stalling is one of the clearest examples of a defect that can fit the two-repair rule. There is one catch. For the two-repair and four-repair paths, you must have directly notified the manufacturer if the owner's manual clearly requires that notice. Many manuals have a page near the warranty section that explains how to do this. Look for it, and if it is there, send the written notice and keep a copy.

The presumption is a helpful tool, not a hard limit. If your car is past 18 months or 18,000 miles, you can still have a case as long as the defect first showed up while the warranty was in force and the manufacturer had a reasonable chance to fix it. Courts look at the whole history, including how dangerous the problem is and how the dealer responded.

What to Tell the Service Advisor

The repair order is the single most important piece of evidence in a lemon law case, and the service advisor is the person who writes the first line of it. If the order says 'customer states check engine light on' when what really happened is that your car died in the fast lane, the record undersells your problem.

Describe what happened plainly and ask the advisor to write it the same way. Use the words 'stalled' or 'lost power while driving.' Give the speed, whether it restarted, and how long it took. Mention every time it has happened, not only the most recent one. If you have a dash camera clip or a photo of a warning message, show it.

• Ask that your complaint be written in your words, then read it before you sign anything.
• Tell the advisor whether it happens cold, hot, at idle, at a stop or at highway speed.
• Ask whether the technician will road test the car under those same conditions.
• If they find nothing, ask that the order say 'customer concern verified' or 'could not duplicate', not 'no problem'.
• Ask whether any software update, recall or bulletin was performed, and make sure it is listed.

When the Dealer Cannot Find the Problem

Stalling is often intermittent. It may happen three times in a week and then not at all during the dealer's 20 minute test drive. A lot of owners walk out with a repair order that says no fault was found and assume the visit does not count. That is usually wrong.

In Oregel v. American Isuzu Motors (2001), a California court held that the buyer does not have to prove the exact technical cause of a defect, and that visits where the dealer could not find or fix the problem can still count. What matters is that you brought the car in for the problem and gave the manufacturer a chance to fix it.

Some repairs also come in the form of a software reflash. Our firm's position is that a software update, including an over-the-air update, can count as a repair attempt when it was done to fix the reported problem. By contrast, a repair at an independent shop or one you do yourself does not count as a repair attempt under the lemon law, because only the manufacturer and its authorized dealers get that chance. If the car stalls far from a dealer, have it towed to the nearest authorized one if you can.

Example: How One Driver Documented a Stalling SUV

This is a made-up example to show the process, not a real client. Daniela leased a new SUV in Fresno. At about 4,000 miles the engine shut off at a stoplight and restarted after a minute. A week later it lost power on Highway 99 and coasted to the shoulder while warning lights flashed across the dash.

She had it towed to the dealer and asked the advisor to write 'engine stalled at highway speed, lost power, towed in.' The dealer updated the engine software. Three weeks later it happened again. On the second visit the technician replaced a sensor. Daniela kept both repair orders, a photo of the dash and her notes from each event.

She checked her owner's manual and found a page asking owners to notify the manufacturer directly, so she mailed a short letter describing the stalling and the two repair visits. When it stalled a third time she called a lemon law attorney. The attorney reviewed her lease, repair orders and letter, and opened a claim with the manufacturer. This example shows the steps that build a strong record. It does not predict how any case turns out.

What a Buyback Includes and What It Costs You

If the manufacturer has to repurchase the car, restitution is the actual price paid or payable, including collateral charges like sales tax, license and registration fees, plus incidental damages such as reasonable towing and rental car costs (Civil Code 1793.2(d)(2)(B)). Towing is common in stalling cases, so keep every tow receipt.

The manufacturer may subtract a mileage offset based on the miles you drove before you first brought the car in for the problem (Civil Code 1793.2(d)(2)(C)). That is one more reason to report stalling the first time it happens. Waiting can increase the offset. Every case is different, and the numbers depend on your contract and repair history.

When a buyer wins, the manufacturer pays the attorney fees, costs and expenses (Civil Code 1794(d)). With our firm you pay $0 out of pocket, and if we lose you owe us nothing. We do not pursue clients for fees, ever. Keep making your loan or lease payments while the claim is open, because missed payments can hurt your credit.

Mistakes That Weaken a Stalling Claim

Most stalling cases are won or lost on paperwork, not on engineering. The owners who struggle are usually the ones who did the right thing on the road but left gaps in the record afterward. A few habits make a large difference.

Do not wait for the problem to get worse before you report it. A single stall is enough reason for a dealer visit, and early reporting keeps your mileage offset lower. Do not accept a verbal explanation in place of a written one. If a technician tells you in the lobby that the car 'threw a code' or that 'the update should fix it', ask that the same words go on the repair order.

Do not sign a repair order that leaves out your complaint, and do not throw away the paperwork from visits that seemed pointless. A visit where nothing was found can matter as much as one where a part was replaced. Finally, check whether there is an open recall for your VIN. Recall repairs can count as repair attempts, and a recall notice for a related part can help explain why the car keeps stalling.

• Waiting weeks to report a stall because it restarted
• Letting an independent shop handle it instead of an authorized dealer
• Leaving the dealer without a printed repair order
• Skipping the direct notice to the manufacturer when the owner's manual requires it
• Skipping a loan or lease payment because you are fed up with the car

What to Do Next

1. If the car stalls again, get safely off the road, turn on your hazard lights, and call roadside assistance instead of trying to keep driving it.
2. Write down the date, time, speed, weather, road and any dash messages within an hour of each event, and take a photo of the dash if it is safe to do so.
3. Take the car to an authorized dealer and ask the service advisor to write 'vehicle stalls while driving, loss of power' on the repair order.
4. Ask for a printed copy of every repair order when you pick the car up, even if the dealer says no problem was found.
5. Check the NHTSA recall site with your VIN and keep a copy of the result.
6. Call 877-536-6620 for a free case review and speak directly with a lemon law attorney about your repair history.

Key Facts (as of October 2026)

• Within 18 months or 18,000 miles, a reasonable number of attempts is presumed if a defect likely to cause death or serious injury was repaired two or more times (Civil Code 1793.22(b)).
• Visits where the dealer could not find or fix the problem can still count, and the buyer does not have to prove the exact technical cause (Oregel v. American Isuzu Motors, 2001).
• Recall repairs can count as repair attempts for a lemon law claim.

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

What Our Clients Say on Google

“Even though my case is still ongoing, I wanted to leave this review because his communication has been outstanding. He keeps me updated, responds quickly to questions, and makes sure I always know what is happening with my case.”

Fred F. · BMW iX · 5-star Google review

“I am so impressed by how fast his team worked. They didn't just handle my case; they fought for me. From the very first phone call, the communication was great, and they kept me updated through every single step of the process.”

Avi K. · 2024 McLaren Artura · 5-star Google review

“He explained my rights under California's lemon law, took over all communication with Hyundai, and got my case resolved fast.”

Gil C. · 2024 Hyundai Palisade · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Should I keep driving a car that stalls?

If it has stalled in traffic, it is safer to have it towed to the dealer than to keep driving it. Ask the manufacturer or dealer about a rental while it is being repaired, and keep the receipts.

Does a stall that happened only once count?

One stall is worth reporting right away, and it starts your repair history. Whether you have a lemon law claim usually depends on how many times the dealer tried to fix it and whether it keeps happening.

My car only loses power but does not fully shut off. Is that the same?

A sudden loss of power or a 'limp mode' event at speed can be just as dangerous as a full stall. Describe it exactly that way on the repair order.

Does it matter if my car is electric?

No. California's lemon law covers electric vehicles the same way, and a sudden loss of drive power in an EV is treated as a serious defect.

Sources and Official References

• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1793.2 (California Legislature)
• NHTSA recall lookup by VIN
• NHTSA, report a vehicle safety problem

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

Related Guides

• Powertrain shutdown and loss of power
• Does the defect have to affect safety?
• What if my defect is intermittent?
• My Car Keeps Not Starting. Is It a Lemon?
• My New Car's Transmission Keeps Slipping or Jerking. Is It a Lemon?
• My Car's Screen Keeps Freezing or Going Black. Is That a Lemon Law Problem?
• My EV Won't Charge or Keeps Losing Range. Is It a Lemon?
• My Check Engine Light Keeps Coming Back On. Is My Car a Lemon?
• My Car Brakes on Its Own for No Reason. Is Phantom Braking a Lemon Law Issue?
• See all lemon law questions

Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.