NHTSA Preliminary Evaluation: Inadvertent Automatic Emergency Braking in 2021-2023 Volkswagen Atlas (PE23-017)
Opened September 28, 2023 · Volkswagen Group of America, Inc.
NHTSA opened a preliminary evaluation (PE23-017) on September 28, 2023 into inadvertent automatic emergency braking in 2021-2023 Volkswagen Atlas. The investigation is closed on December 18, 2024.
PE23-017 at a glance
| NHTSA action number | PE23-017 |
|---|---|
| Type | Preliminary Evaluation |
| Opened | September 28, 2023 |
| Status | Closed December 18, 2024 |
| Vehicles | 2021-2023 Volkswagen Atlas |
| Component | Forward Collision Avoidance > Automatic Emergency Braking |
| Manufacturer | Volkswagen Group of America, Inc. |
| Resulting recall | None listed |
What is NHTSA investigating in the Volkswagen Atlas?
From NHTSA’s investigation summary:
On September 28, 2023, the Office of Defects Investigation (ODI) opened a Preliminary Evaluation (PE23017) to assess reports of inadvertent activation of the Front Assist automatic emergency braking (AEB) system in model year (MY) 2018-2019 Volkswagen Atlas vehicles.The reports alleged that activation of the AEB system occurred while driving with no apparent obstruction in the vehicle's forward path, resulting in sudden vehicle deceleration.
Volkswagen indicated that it is aware of a total of 292 reports that may relate to the alleged defect in MY 2018-2019 Volkswagen Atlas vehicles.Volkswagen stated that some customers possibly had an inadequate understanding of Front Assist and its limitations.
However, many consumer complaints alleged that Volkswagen dealerships were unable to reproduce the condition or Volkswagen dealerships informed the consumers that this braking is considered normal Front Assist operation.
ODI's analysis shows that MY 2019 Volkswagen Atlas vehicles have the highest rate of unique incident reports alleging AEB inadvertent activation when compared to their Volkswagen peers.The rate of unique incident reports alleging AEB inadvertent activation in MY 2018 Volkswagen Atlas vehicles was comparable to their Volkswagen peers.
To date, ODI has received a total of 69 consumer complaints of inadvertent activation of Front Assist in MY 2018-2019 Volkswagen Atlas vehicles.
In total, ODI reviewed 264 unique (i.e., non-duplicative Vehicle Identification Numbers) reports that may relate to the alleged defect, which include eight reports of incidents involving an alleged injury and two reports involving a crash.
PE23017 has been upgraded to an Engineering Analysis (EA24004) to further assess the scope, frequency, and potential safety related consequences of the inadvertent AEB activations in MY 2019 Volkswagen Atlas vehicles.
To review the ODI reports cited in the Closing Resume ODI Report Identification Number document, go to NHTSA.gov.
What is a preliminary evaluation?
Preliminary Evaluation is the first stage of a federal defect investigation. NHTSA reviews complaints, crash reports and manufacturer data to decide whether a safety defect may exist. It can close with no action, be upgraded to an engineering analysis, or end with a recall.
Did this investigation lead to a recall?
NHTSA closed this investigation on December 18, 2024 without listing a recall. That can mean NHTSA did not find a safety defect it could prove, or that the manufacturer addressed the issue another way. A closed investigation does not mean owners have no lemon law claim if the problem keeps happening.
Which vehicles are part of this investigation?
| Model years | Make | Model |
|---|---|---|
| 2021-2023 | Volkswagen | Atlas |
What are Volkswagen Atlas owners reporting to NHTSA?
NHTSA’s public database lists 789 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.
What should owners do?
- Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
- If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
- Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
- File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
- If the problem keeps coming back, talk to a lemon law attorney.
Recalls on the same vehicles
- 2024-2026 Volkswagen Atlas Backup Camera Software Recall (26V473)
- 2026 Volkswagen Atlas Wheel Stud Recall (25V835)
- 2023-2025 Volkswagen Atlas Brake Recall (25V434)
- 2024-2025 Volkswagen Atlas Backup Camera Recall (25V334)
- 2024-2025 Volkswagen Atlas Engine Recall (25V100)
- 2025 Volkswagen Atlas Transmission Recall (25V081)
- 2024 Volkswagen Atlas Master Cylinder Recall (24V723)
- 2022-2024 Volkswagen Golf R Backup Camera Software Recall (24V480)
- 2021-2024 Volkswagen Atlas Passenger Air Bag Recall (24V464)
- 2024 Volkswagen Atlas Engine Recall (23V593)
Can a recall or defect investigation make my car a lemon in California?
Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.
Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).
An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
In our cases, a recall repair visit counts as a repair attempt, and it's strongest when the owner complained about the problem before the recall came out. A recall shows the defect is real and that enough owners reported it for the manufacturer to issue a fix.
The biggest mistake I see is waiting too long. The mileage offset starts at your first repair visit for the problem, so the sooner you take it in, the better. If the problem comes and goes, take it in when it happens. You can't go back to that date later.
If you get a recall notice, call a lemon law attorney right away. You may have taken the car in for the same problem before and forgotten, or there may be other recalls related to it.
Jacob Shayesteh, Esq. (SBN 362320), Founder and Managing Attorney. Quotes lightly edited for clarity. Prior results do not guarantee a similar outcome.
Frequently asked questions
Does the recall fixing my car mean I have no case?
Not necessarily. Even if the recall repair fixed it, you may still have a case, and a car that's a year or more old can still qualify.
Do used cars qualify for California lemon law?
We take certified pre-owned, demo and dealer vehicles. Since the California Supreme Court's Rodriguez decision in 2024, ordinary used cars generally do not qualify.
How long does a recall lemon law case take?
Recall-related cases typically resolve in one to three months from your first call. Prior results do not guarantee a similar outcome.
What does a lemon law attorney cost?
You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
Sources
- NHTSA investigation, recall and complaint data, accessed October 7, 2026
- California Civil Code 1793.22
Jacob Shayesteh, Esq., Founder and Managing Attorney of America’s Lemon Lawyer (Wynn Law Group, APC). Licensed by the State Bar of California, No. 362320. His practice focuses on California lemon law under the Song-Beverly Consumer Warranty Act.
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Attorney advertising. America’s Lemon Lawyer is a trade name of Wynn Law Group, APC. Responsible attorney: Jacob Shayesteh, Esq. (SBN 362320). This page reports public NHTSA data and is general information, not legal advice. Not affiliated with NHTSA or any vehicle manufacturer. Prior results do not guarantee a similar outcome.