2021 Tesla Model 3

Forward Collision System

Advanced driver assistance system (ADAS) defects — including malfunctioning forward collision warnings, lane keep assist failures, and erratic automatic emergency braking — can create dangerous driving conditions. The 2021 Tesla Model 3 has 788 NHTSA complaints for this defect type. Owner reports include: “While using traffic aware cruise control or autosteer, the car occasionally detects a nonexistent person in the center of the lane I’m driving in, the proceeds to slam on the brakes when no hazard exists. It seems that tire markings in the road and certain lighting conditions cause the car to think there is a person in the road. Additionally, when driving on a highway with rolling hills, the car detects a forward collision alert and hits the brakes and disengages the autosteer. Both of these could cause a rear and collision at highway speeds. The dealer has claimed that the cause is functionally normally and I already tried to get it serviced but the car continues to have these issues. I do have video evidence of the car slamming on the brakes and detecting a forward collision.” (NHTSA Complaint #11671878)

Service Brakes,Forward Collision Avoidance

Brake defects affecting safety may qualify for California’s two-repair threshold under Cal. Civ. Code § 1793.22, which applies to defects likely to cause death or serious bodily injury. The 2021 Tesla Model 3 has generated 228 NHTSA complaints related to braking, including ABS failures, grinding, reduced stopping power, and warning lights. Owner reports include: “I drove into my neighbor’s driveway to drop her off. As I slowed down and applied the brakes to stop, the car failed to respond. It continued forward, running over the flower and plant pots at the edge of the driveway, crossing the backyard, and finally colliding with the trees and bushes at the rear of the property. All airbags deployed, and the vehicle was damaged beyond repair.” (NHTSA Complaint #11695420)

Vehicle Speed Control,Forward Collision Avoidance

Advanced driver assistance system (ADAS) defects — including malfunctioning forward collision warnings, lane keep assist failures, and erratic automatic emergency braking — can create dangerous driving conditions. The 2021 Tesla Model 3 has 208 NHTSA complaints for this defect type. Owner reports include: “Ever since Tesla rolled out an update for everyone to beta test FSD, the adaptive cruise control has been changing speeds when near interstate type exits and entrances. I’ve had it change from 75 down to 40 mph which is dangerous in traffic. This change in speed some times is just a drop to the next 5mph increment, such as from 73 to 70. Sometimes it is more from 73 to 65 at the same place/exit. It is not consistent. The only thing consistent is it’s near exits even when not in an exit lane or nearest lane to the exit. This “Feature” needs to be removed as it is unpredictable which makes it dangerous. Owners manual [XXX] Cruising Near or On Exits INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6)” (NHTSA Complaint #11595575)

Other Systems

The 2021 Tesla Model 3 has generated 156 NHTSA complaints for this defect category. If your vehicle has experienced recurring issues in this area that the dealer has been unable to repair after multiple attempts, you may have a qualifying lemon law claim under California’s Song-Beverly Consumer Warranty Act. Owner reports include: “Full self driving system (fsd) has ran a red light twice. It slows almost to a stop then takes off.” (NHTSA Complaint #11715178)

Vehicle Speed Control,Service Brakes,Forward Collision Avoidance

Brake defects affecting safety may qualify for California’s two-repair threshold under Cal. Civ. Code § 1793.22, which applies to defects likely to cause death or serious bodily injury. The 2021 Tesla Model 3 has generated 128 NHTSA complaints related to braking, including ABS failures, grinding, reduced stopping power, and warning lights. Owner reports include: “vehicle constantly phantom brakes while driving. i have reported 100+ incidents thru my tesla “report bug” feature. It will read the speed limit sign on the off ramp and slow the vehicle down 20mps abruptly, it will see a car on an onramp and slam the brakes on thinking there is a collision coming. it is every single day using cruise control” (NHTSA Complaint #11628144)

Active NHTSA Recalls — 2021 Tesla Model 3

The following 20 recalls have been issued for the 2021 Tesla Model 3 by the NHTSA or Tesla. If your vehicle is affected, the manufacturer is required to provide a free remedy. Check your VIN at NHTSA.gov/recalls.

California Lemon Law — Song-Beverly Act

California’s Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is one of the strongest lemon laws in the United States. It protects buyers and lessees of new and certified pre-owned vehicles that develop substantial defects the manufacturer cannot repair after a reasonable number of attempts.

Under Cal. Civ. Code § 1793.22, a lemon law presumption is triggered when any of the following apply to your 2021 Tesla Model 3:

• 4+ repair attempts for the same non-safety defect without resolution
• 2+ repair attempts for a defect likely to cause death or serious bodily injury
• 30+ calendar days out of service for warranty repairs (cumulative, not consecutive)

Once the presumption is triggered, the burden shifts to Tesla to prove the vehicle is not a lemon. Under Cal. Civ. Code § 1794(d), Tesla must pay your attorney’s fees if you prevail — meaning qualified representation costs you nothing out of pocket.

What You Can Recover

If your 2021 Tesla Model 3 qualifies as a lemon under California law, Tesla may be legally required to:

• Repurchase your vehicle — Full refund of your down payment, all monthly payments, registration fees, and incidental costs (towing, rentals), minus a mileage offset for miles driven before the first repair attempt
• Replace your vehicle — Provide a new, comparable vehicle at no cost to you
• Pay your attorney’s fees — Under § 1794(d), Tesla pays all legal fees if you prevail
• Civil penalty up to 2x damages — If Tesla willfully violated the Act, courts may award double the actual damages

Steps to Protect Your 2021 Tesla Model 3 Claim

Step 1: Document every repair visit. Keep all repair orders, work orders, and dealer invoices. Each visit counts as a repair attempt, even if the dealer says nothing is wrong.

Step 2: Keep returning for repairs. You must give Tesla a reasonable opportunity to fix the defect. Visit different authorized Tesla dealers if needed and ask for written documentation of each visit.

Step 3: Contact a California lemon law attorney. Once you believe the threshold has been met — 4 attempts for non-safety defects, 2 for safety defects, or 30 days out of service — contact an attorney for a free case evaluation. Under § 1794(d), Tesla pays your fees if you win.

Step 4: Send a demand letter. Your attorney will send Tesla a formal demand letter. Most California lemon law cases resolve through negotiation without going to trial.

2021 Tesla Model 3 Lemon Law Questions

How many repair attempts qualify my 2021 Tesla Model 3 as a lemon?

Under Cal. Civ. Code § 1793.22, four or more repair attempts for the same non-safety defect, or two attempts for a safety-related defect, triggers the lemon law presumption. Additionally, 30 or more cumulative days out of service qualifies regardless of the number of repair attempts.

Does Tesla pay my attorney fees?

Yes. Under Cal. Civ. Code § 1794(d), Tesla is required to pay your reasonable attorney’s fees and court costs if you prevail in a lemon law claim. This means qualified lemon law representation is free to you if your case succeeds.

Can I file a lemon law claim without an active recall?

Yes. A recall is not required to file a lemon law claim. The Song-Beverly Act covers any substantial defect that impairs the use, value, or safety of the vehicle that the manufacturer cannot repair after a reasonable number of attempts. NHTSA complaints support the claim by establishing a pattern, but are not a prerequisite.

What is the time limit to file a lemon law claim for my 2021 Tesla Model 3?

California lemon law claims are generally subject to a four-year statute of limitations from the date you discovered or should have discovered the defect. However, you must still be within the manufacturer’s original warranty period when the defect first appears. Contact an attorney promptly to preserve your rights.