Rivian Lemon Law

Rivian owners most frequently report: (1) accelerator pedal drift preventing auto-hold or park (NHTSA 23V-883, 2022 models); (2) headlight misalignment on 2023–2024 vehicles (NHTSA 24V-367); (3) rear toe-link failure or incorrect reassembly after service (recall + ongoing investigation up to 115,000 units); (4) second-row seat belt retractor bolts improperly tightened (NHTSA 26V-003); (5) 12V battery faults and infotainment failures often triggered by OTA updates; and (6) battery range inconsistency or charging failures. If any defect has required two or more repair attempts without resolution, you may have a lemon-law claim.

Yes. A confirmed NHTSA recall is strong evidence that a defect exists and that Rivian had knowledge of it. Under California's Song-Beverly Consumer Warranty Act, a recall-covered defect that Rivian cannot repair in a reasonable number of attempts — generally as few as two — may entitle you to a full repurchase or replacement. Even if Rivian pushes an OTA software fix, the recall does not automatically close your claim; the vehicle must actually conform to its warranty. Consult a lemon-law attorney to evaluate whether your repair history meets the threshold.

To pursue a lemon-law claim against Rivian in California: (1) Gather all repair orders showing each visit to a Rivian Service Center for the same defect. (2) Confirm you are within California's Song-Beverly presumption window — generally 18 months or 18,000 miles from delivery. (3) Send a written demand to Rivian documenting the defect and prior repair attempts. (4) If Rivian does not respond or denies the claim, retain a California lemon-law attorney; fees are paid by Rivian if you prevail. (5) The attorney will file a demand or civil action against Rivian Automotive, LLC and negotiate a buyback, replacement, or cash settlement.

If your Rivian qualifies under Song-Beverly, Rivian must repurchase the vehicle at the full contract price — including taxes, registration fees, and finance charges — less a mileage offset calculated from the first reported defect. Alternatively, Rivian may offer a replacement vehicle of the same or equivalent model. In some cases a cash-and-keep settlement is negotiated. Attorney fees and costs are paid by Rivian, not you, if your claim succeeds.

Yes. California's Song-Beverly Consumer Warranty Act covers both purchased and leased vehicles, including Rivian R1T and R1S. As a lessee you may be entitled to the same buyback or replacement remedies as a buyer, and Rivian must pay your attorney fees if you prevail. Buyback amounts for leased vehicles are calculated differently — Rivian typically refunds lease payments made plus the down payment, minus the mileage offset. Consult an attorney to determine your specific recovery.

In most Rivian lemon-law cases, no. California's Song-Beverly Act requires Rivian to pay your attorney fees and costs if you prevail — qualified attorneys typically handle these cases on a fee-shifting basis with no upfront cost to you. If Rivian denies your claim and you lose, fee arrangements vary, so confirm specific terms with your attorney. Most lemon-law firms offer free case evaluations.

An OTA update may address certain software defects, but it does not automatically eliminate your lemon-law claim. Under Song-Beverly, each failed repair attempt — including service visits where an OTA fix was applied but the symptom recurred — counts toward the reasonable-number-of-attempts threshold. Moreover, if an OTA update itself caused a new defect (such as 12V battery failure after a software push), that may constitute a separate warranty breach. An attorney can review your full repair history to evaluate your claim.

California's Song-Beverly Act creates a rebuttable presumption of lemon status if, within 18 months or 18,000 miles from original delivery: (1) the same defect has been repaired two or more times and poses a serious safety risk, OR (2) the same defect has been repaired four or more times without success, OR (3) the vehicle has been out of service for a cumulative 30 or more days for any warrantable defect. For Rivian owners, each service visit for issues such as rear toe-link failure, accelerator drift, or persistent software malfunctions counts — even if Rivian pushed an OTA fix. Acting before the 18-month window closes maximizes your remedies.