With its pro-environment policies and manufacturing infrastructure, California is an increasingly popular market for electric vehicles (EVs). Those who have recently purchased EVs or are shopping for one have unprecedented options. From sedans and SUVs to powerful electric trucks, EV design is slowly catching up to its gas-powered counterparts, if not surpassing their functionality with state-of-the-art automation features.
But one thing EVs and traditional combustion-powered vehicles still have in common is that neither is immune to manufacturing defects. Fortunately, consumer protection policies—known as lemon laws—are in place to reimburse drivers for purchasing vehicles whose value, utility, and safety have been compromised. When this happens, the automaker is legally required to fix, refund, or replace the damaged vehicle.
If you own an electric vehicle with irreparable defects, this guide is for you.
The purpose of this article is to distinguish between non-electric and EV lemon laws. We will provide you with actionable information to help you determine if your EV is a lemon, underscoring the importance of hiring a specialized EV lemon law lawyer to protect your rights and secure compensation for your defective purchase.
Comparing Traditional and EV Warranties
Because of their unique powertrains and state-of-the-art batteries, EV warranties are structured differently from traditional warranties.
Here’s a detailed breakdown:
Traditional Vehicle Warranties
- Bumper-to-bumper coverage typically lasts for 3 years or 36,000 miles
- Powertrain warranty generally extends to 5 years or 60,000 miles
- Covers traditional components such as engine, transmission, and drivetrain
- Single warranty structure with two main coverage types (powertrain and comprehensive)
Electric Vehicle Warranties
- Standard coverage for most components is similar to traditional vehicles (3-10 years, depending on the manufacturer)
- EV-specific powertrain coverage includes electric motor, power inverter, and other EV-unique components
- There’s a separate battery warranty
- The duration of the battery warranty is substantially longer:
- Federal mandate: 8-10 years or 100,000+ miles
- California requirement: 10 years or 150,000 miles
- Battery capacity protection guarantees 70-80% of its original capacity within the warranty period
Popular EV Models and Manufacturers
- BMW i3
- Chevrolet Bolt EV
- Ford Focus Electric and Mustang Mach-E
- Honda Clarity Electric
- Hyundai Ioniq Electric & Kona Electric
- Kia Soul EV & e-Niro
- Mercedes-Benz B Class Electric & EQC
- Mitsubishi i-MiEV
- Nissan Leaf
- Tesla Model S, Model X, Model 3 and Model Y
Common Issues With EVs
From battery failure to glitchy circuitry, EVs can develop a unique array of issues resulting from manufacturing errors.
Here are some of the most common issues that have appeared in EV lemon law claims:
Battery Wear
When an EV’s battery capacity falls below the promised threshold faster than warranted, owners may find themselves making unexpected (and unwanted) lifestyle adjustments to accommodate a shrinking travel radius.
Charging Issues
At-home EV charging has revolutionized car ownership. For those of us with combustion engines, it’s like having a gas station in your garage. However, faulty charging ports and defective onboard chargers can significantly impair mobility.
Software Malfunctions
Modern EVs are essentially computers on wheels, making them susceptible to the same issues that plague our laptops and smartphones. From unresponsive touchscreens to complete system freezes, software malfunctions can disable regenerative braking or miscalculate your driving range, creating unpredictable and sometimes dangerous conditions.
Electric Motor Troubles
Electric motors can develop problems ranging from unusual vibrations to complete failure. Unlike traditional engine issues, which often provide warning signs, EV motor issues can occur without warning, making them particularly worrisome.
Range Anxiety
The fear of getting stranded somewhere with a depleted battery can significantly impact EV owners’ driving experience and route planning. In some cases, the psychological burden can cause drivers to prioritize security over spontaneity or efficiency, forcing them to navigate within the comfort zones of known charging stations.
What To Do If Your EV Is a Lemon
If your defective EV has been in the shop for multiple unsuccessful repair attempts, end the frustration and file an EV lemon law claim to secure your replacement vehicle or refund.
Here’s what you need to know:
Reasonable Number of Repair Attempts
California law typically requires manufacturers to make four good-faith attempts to fix the same defect. This number establishes a clear threshold to prevent endless cycles of unsuccessful repairs.
Replacement Request
Once your EV meets lemon law criteria, you can demand a new, comparable vehicle with equivalent features and specifications.
Refund
Instead of replacement, you may opt for a complete refund of your purchase price, including taxes and fees. Your refund amount may include a reasonable refund deduction based on the mileage accumulated prior to the problems emerging.
Keep Detailed Records
Under California law, 30 cumulative days in the shop within 18 months or 18,000 miles automatically qualifies your EV as a lemon. Document these repair visits as thoroughly as possible, as this creates an indisputable timeline of defects, repair attempts, and manufacturer responses. Save every repair order, correspondence, and receipt, particularly noting dates when your vehicle was out of service.
Keeping detailed records strengthens your case and demonstrates your good-faith efforts to resolve issues before pursuing more aggressive remedies.
Arbitration and Legal Options for EV Lemon Law
When manufacturers fail to recognize legitimate lemon law claims, arbitration offers a streamlined alternative to courtroom litigation.
However, if arbitration yields unsatisfactory results, consult with an EV lemon law lawyer to seek help navigating California’s EV lemon law protections and manufacturer defense tactics. In the most successful lemon law cases, manufacturers will cover your legal fees, making professional representation accessible and invaluable when finances are tight.
Contact Golden Lemon To Start Your EV Lemon Law Claim Today
Don’t let a defective vehicle impair your safety and limit your mobility. If you’re experiencing recurring vehicle problems that persist despite multiple service appointments, you may have purchased a lemon. Golden Lemon by Compass Law Group, LLP is here to help.
We understand how to navigate the intricacies of EV lemon law and will leverage our proven track record of success to secure the compensation you deserve for your defective purchase.
Sick of owning a lemon? Take the first step towards relief and schedule your free consultation with an EV lemon law lawyer today.
