NHTSA Investigation

NHTSA Preliminary Evaluation: Inadvertent Automatic Emergency Braking in Honda Insight (PE24-008)

Opened March 7, 2024 · Honda (American Honda Motor Co.)

✓ Reviewed by Jacob Shayesteh, Esq.·Updated October 2026
PE24-008
NHTSA action
Preliminary
Investigation stage
Closed
Status
2024
Opened
None
Resulting recall

NHTSA opened a preliminary evaluation (PE24-008) on March 7, 2024 into inadvertent automatic emergency braking in 2021-2022 Honda Insight, 2021-2022 Honda Passport. The investigation is closed on January 17, 2025.

PE24-008 at a glance

NHTSA action numberPE24-008
TypePreliminary Evaluation
OpenedMarch 7, 2024
StatusClosed January 17, 2025
Vehicles2021-2022 Honda Insight, 2021-2022 Honda Passport
ComponentForward Collision Avoidance > Automatic Emergency Braking
ManufacturerHonda (American Honda Motor Co.)
Resulting recallNone listed

What is NHTSA investigating in the Honda Insight?

From NHTSA’s investigation summary:

On March 7, 2024, the Office of Defects Investigation (ODI) opened a Preliminary Evaluation (PE24008) to assess reports of inadvertent activation of the Automatic Emergency Braking (AEB) system in model year 2019-2022 Honda Insight and 2019-2022 Honda Passport vehicles.

The complainants allege activation of the AEB system with no apparent obstruction in the vehicle's path, resulting in rapid vehicle deceleration.

Honda indicated that it is aware of a total of 412 reports that may relate to the alleged defect.

Honda provided analysis of the alleged defect and stated that some customers possibly had an inadequate understanding of the AEB system and its limitations.

However, many consumer complaints received by ODI allege that Honda dealerships were unable to reproduce the condition or state that Honda dealerships informed the consumer that this is considered normal AEB operation.

To date, ODI has received a total of 106 consumer complaints of inadvertent activation of AEB in the subject vehicles.In total, ODI reviewed 475 reports involving vehicles with unique VINs that may relate to the alleged defect.

Of the reports reviewed by ODI, three (3) allege a crash caused by the inadvertent activation of AEB and two (2) allege injury.

This Preliminary Evaluation is being upgraded to an Engineering Analysis (EA25002) to further assess the scope, frequency, and potential safety related consequences of the inadvertent AEB activations.

Further, the scope of the Engineering Analysis is being expanded to include assessment of model year 2023 Honda Passport 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 January 17, 2025 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 yearsMakeModel
2021-2022HondaInsight
2021-2022HondaPassport

What are Honda Insight owners reporting to NHTSA?

NHTSA’s public database lists 261 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.

What should owners do?

  1. Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
  2. 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.
  3. Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
  4. File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
  5. If the problem keeps coming back, talk to a lemon law attorney.

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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

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.

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