Engine defects are the most common qualifying defects in California Lemon Law claims. Under the Song-Beverly Consumer Warranty Act, an engine defect qualifies when it “substantially impairs the use, value, or safety” of the vehicle and the manufacturer cannot repair it within a reasonable number of attempts. Qualifying engine defects include stalling, misfires, oil consumption, premature internal failure, knocking, overheating, loss of power, and check-engine-light recurrence. Engine defects that involve risk of stalling at highway speed often trigger the two-attempt safety presumption under Civil Code § 1793.22.
Common Qualifying Engine Defects
- Stalling. Engine shuts off while driving or at idle. Highway stalls trigger the two-attempt safety presumption.
- Misfires and rough running. Cylinder misfires, hesitation under load, surging at steady throttle.
- Excessive oil consumption. More than 1 quart per 1,000 miles is generally considered defective. Honda, Subaru, and Toyota have documented oil-consumption defects across multiple model years.
- Knocking and ticking. Lifter failures, rod knock, timing chain noise. GM 5.3L and 6.2L V8 lifter failure is a notable pattern defect.
- Overheating. Coolant loss, head gasket failure, water pump premature failure.
- Loss of power. Limp-mode activation, turbo failure, throttle body issues.
- Check engine light recurrence. Repeated illumination for the same fault despite multiple repairs.
- Premature engine failure. Internal component failure (rod, piston, crankshaft) requiring engine replacement before normal service life.
Notable Manufacturer Engine Defect Patterns
- Hyundai & Kia Theta II 2.0L and 2.4L. Engine seizures due to rod bearing failure; subject of multiple recalls and class actions.
- GM 5.3L and 6.2L V8 (AFM/DFM). Lifter failure related to cylinder-deactivation system.
- Honda Earth Dreams 1.5L turbo (CR-V, Civic). Fuel dilution and oil dilution causing engine wear.
- Toyota 2.5L (Camry, RAV4). Oil consumption.
- Subaru FA20, FB25. Oil consumption and engine failures.
- Ford EcoBoost 1.5L & 1.6L. Coolant intrusion in cylinders; head replacements.
- Ford 3.5L EcoBoost. Cam phaser, timing chain wear, turbo failures.
- BMW N20 / N26. Timing chain wear leading to catastrophic failure.
- Audi/VW 2.0T TSI. Excessive oil consumption.
See the manufacturer-specific pages for full pattern-defect coverage.
How to Document an Engine Defect
- Use the same words on every repair order (“engine stalls at freeway speed” — not different phrasings on different visits)
- Record video of the defect when it occurs (warning lights, stalling, engine bay smoke)
- Retain all repair orders, including “could not duplicate” visits
- Note environmental conditions (cold start, hot start, after long drive, at idle)
- Pull diagnostic codes if possible and include in complaint
Detailed guidance at documenting defects.
Remedies for Engine Defects
- Buyback — purchase price minus mileage offset
- Replacement vehicle
- Cash-and-keep settlement
- Civil penalty up to 2× damages for willful violations
- Attorney’s fees paid by the manufacturer
Free Case Review
If your vehicle has a recurring engine defect, McMillan Law Group will evaluate your repair history at no cost. No fee unless we win.