2023 Toyota Highlander

Other Systems

The 2023 Toyota Highlander has generated 58 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: “Some times when I request the rear hatch to open is does nothing but most of the time when I depress the close button, it moves less than an inch and then beeps. I have had to depress the button up to 6 times before the hatch closes. The car is only 3 years old as of this month and the problems stated more than 6 months ago but my mileage was over 36,000 6 months ago so it was out of warranty. This is a joke since my 12 year old suv has no issues with its powered hatch. There are a lot of online complaints on the power hatches. It is a safety issue of the hatches don’t close. This is almost a daily challenge (it not closing when I ask it to be closed (fob, rear hatch button as well as dash hatch button).” (NHTSA Complaint #11723171)

Body & Structure

The 2023 Toyota Highlander has generated 54 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: “Driving vehicle and front lower bumper cover assembly fell off on highway. 2 days later received a recall notice for exact issue. Safety recall 23TA12. Brought vehicle into NuCar Toyota of North Attleboro and they refused to execute recall stating prior damage to upper bumper which is not true. There are a few scratches but no indentation or external damage preventing the recall from being executed.” (NHTSA Complaint #11709956)

Engine

Engine and cooling problems are among the most serious defects under California’s Song-Beverly Act. Owners of the 2023 Toyota Highlander have reported issues including stalling, overheating, loss of power, rough idling, excessive oil consumption, and check engine lights that return after dealer repairs. With 16 NHTSA complaints on record, this defect pattern is well-documented. Owner reports include: “Issues with vehicle accelerating, bucking and hesitating” (NHTSA Complaint #11573232)

Brakes

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 2023 Toyota Highlander has generated 14 NHTSA complaints related to braking, including ABS failures, grinding, reduced stopping power, and warning lights. Owner reports include: “When applying the brakes sometimes, particularly when breaking at the bottom of a hill, the car lunges forward before the brake catches and it stops. The transition is jarring and does not seem safe at all. I’ve been told by mechanics at the Toyota shop that it is normal for a hybrid vehicle, but if that is the case they need to not sell hybrid vehicles or find a way to avoid this problem. I’ve read tons of posts on online forums confirming that many other people have this with their Toyota hybrid vehicles, including the Highlander.” (NHTSA Complaint #11705422)

Air Bags

Airbag defects are safety-critical and may trigger California’s two-repair threshold under Cal. Civ. Code § 1793.22. The 2023 Toyota Highlander has 10 NHTSA complaints on record related to airbag warning lights, unexpected deployment, and sensor failures. Owner reports include: “My wife was hit from the driver side, causing car to deviate and have a head on collision with a fire hydrant. No airbags deployed. Side or front.” (NHTSA Complaint #11681085)

Active NHTSA Recalls — 2023 Toyota Highlander

The following 9 recalls have been issued for the 2023 Toyota Highlander by the NHTSA or Toyota. 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 2023 Toyota Highlander:

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

What You Can Recover

If your 2023 Toyota Highlander qualifies as a lemon under California law, Toyota 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), Toyota pays all legal fees if you prevail
• Civil penalty up to 2x damages — If Toyota willfully violated the Act, courts may award double the actual damages

Steps to Protect Your 2023 Toyota Highlander 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 Toyota a reasonable opportunity to fix the defect. Visit different authorized Toyota 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), Toyota pays your fees if you win.

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

2023 Toyota Highlander Lemon Law Questions

How many repair attempts qualify my 2023 Toyota Highlander 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 Toyota pay my attorney fees?

Yes. Under Cal. Civ. Code § 1794(d), Toyota 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 2023 Toyota Highlander?

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.