Electric vehicles are marketed as reliable, efficient, and cutting-edge. But when a new EV starts experiencing battery problems, that promise starts to unravel. Does the Lemon Law apply to battery failure in a new electric car?

Under the law, you may be protected from those battery defects or battery-related problems in your electric vehicle. Here is a look at what you need to know for these situations.

California Lemon Law and Electric Vehicles

California’s Lemon Law applies to new vehicles sold or leased in the state, including electric cars. Manufacturers are required to repair warranty-covered defects within a reasonable number of attempts. If they cannot, the manufacturer must repurchase or replace the vehicle.

The law does not treat electric vehicles differently because they do not have a traditional engine. Electric vehicles are consumer vehicles. Their battery systems are considered core components like an engine or transmission in a gas-powered car.

Is the Battery Covered Under Warranty?

Yes. EV batteries are covered by longer warranties than many other vehicle components. For many vehicles, this can range from 8 to 10 years or up to a certain mileage threshold. If a battery defect happens during the warranty period, it should be covered.

Some of these battery-related problems can include:

• Sudden loss of driving range
• Failure to hold a charge
• Charging system malfunctions
• Battery warning lights or error messages
• Sudden shutdowns or loss of power
• Repeated battery replacements that fail to fix the issue

If these problems affect the vehicle’s use, value, or safety, and the manufacturer cannot fix them, Lemon Law may apply.

When Does Battery Failure Qualify as a Lemon?

Keep in mind that not every battery issue automatically qualifies a vehicle as a lemon. The vehicle is only considered a problem if:

• The manufacturer has made multiple unsuccessful repair attempts for the same battery issue
• The vehicle has been out of service for 30 or more days for warranty repairs
• The problem impairs the vehicle’s use, value, or safety

Since the battery is vital to how an electric vehicle operates, battery defects meet this threshold more quickly than other issues.

Manufacturers Will Try to Push Back

Unfortunately, manufacturers may try to shift blame in these battery-related Lemon Law claims. Some of the arguments include:

• Battery degradation is “normal”
• The range loss is within acceptable limits
• Software updates will fix the problem
• Driving habits or charging practices caused the issue

While some battery degradation is expected over time, sub-optimal or abnormal battery failure is not something consumers are required to accept. These defenses can be challenged by your California lemon law attorney with repair records, warranty terms, and expert analysis.

What Compensation Is Available?

If a battery defect qualifies under California Lemon Law, your compensation may include:

• A buyback (refund) of the vehicle
• A replacement vehicle
• Reimbursement of down payments, monthly payments, taxes, and fees
• Coverage of incidental costs, such as towing or rental cars
• Possible civil penalties if the manufacturer willfully violates the law
• Attorney’s fees and expenses, paid by the manufacturer

What About Software Updates?

Sometimes, EV manufacturers rely heavily on software updates to address battery or charging issues. While software fixes can resolve a few problems, repeated updates that fail to permanently correct the defect may actually strengthen your Lemon Law claim.

If your vehicle keeps returning for the same battery-related problem, those repair attempts still count for your claim.

Are Used and Certified Pre-Owned EVs Covered?

Used electric vehicles may also be covered under the California Lemon Law if they were sold with a new manufacturer-issued warranty. 

Yes, certified pre-owned EVs fall into this category. Any battery defects discovered during the warranty period may still qualify for compensation under Lemon Law protections.

Electric Vehicles Are Protected Under Lemon Laws

When there is a battery failure in an electric vehicle, does the Lemon Law apply? In most cases, the answer is yes. Many times, the Lemon Law may require the manufacturer to take the vehicle back or replace it.

If your EV’s battery problems are affecting your ability to drive, charge, or rely on your vehicle, you have rights under the law. 

When your car is not living up to its promise, BLVD Law can help you take the next steps. Schedule a consultation to learn more about your legal options.