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California has been leading the way as the US transitions toward electric vehicles. Several major car manufacturers have recently announced their plans to have a fully electric lineup of vehicles by 2030, and many companies are already rapidly producing new electric models.
California has invested millions in infrastructure for this new technology, and the state significantly outpaces all others in electric car ownership.
Unfortunately, electric vehicles are still a relatively new technology, so they can suffer from defects and malfunctions. These issues can range from frustrating problems that impact the vehicle’s usability and resale value to dangerous defects that can put owners and their families at risk.
If your new electric car is still under warranty and you are experiencing persistent issues that the manufacturer has been unable to fix, now is the time to take action. Under California’s lemon law, you may be entitled to a refund or replacement vehicle if your defective electric vehicle cannot be repaired after a reasonable number of attempts.
This applies to both new vehicles, as well as electric or hybrid vehicles, so long as they are covered by the manufacturer’s warranty.
The sooner you reach out, the sooner an experienced lemon law attorney can evaluate your case, explain your legal options, and begin the process of securing the compensation you deserve. Our team at San Diego Lemon Law, PC understands the unique challenges electric vehicle owners face, from EV battery failures to software glitches and charging issues.
We know how to navigate lemon law claims, deal with uncooperative auto manufacturers, and fight for California consumers’ rights under the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act.
Do not wait until the problem worsens or your warranty expires. Call San Diego Lemon Law, PC today to schedule your free consultation and learn whether your vehicle qualifies for a lemon law claim. We’re ready to help you seek legal recourse and get back on the road with confidence.
Does California’s Lemon Law Apply to Electric Vehicles?
Every state has a lemon law that provides consumers with legal recourse if they have purchased a defective product that cannot be repaired.
The lemon law in California is a combination of the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act. These acts cover all consumer goods sold under warranty in the state, including electric vehicles.
If the manufacturer has been given a reasonable number of attempts to fix your electric car and the issue is still not corrected, they may have to replace or buy back your defective vehicle. The law also specifies that the manufacturer must pay your attorney’s fees and reimburse you for any expenses incurred due to the defective vehicle, such as repair and towing costs.
What Are Common Electric Car Issues?
All cars, whether gas-powered, hybrid, or electric, are susceptible to defects due to the sheer number of moving parts involved. The defect involved does not necessarily have to make the vehicle dangerous for the car to be considered a lemon.
It simply has to affect the vehicle’s functionality, resale value, or safety. Malfunctioning windows or subpar paint jobs that are chipping off could even be considered eligible defects if they cannot be fixed.
Because electric car technology is still very new and the market is expanding rapidly, some problems crop up from time to time. While there may be overlap between problems seen in gas-powered and electric vehicles, EV owners can also face unique issues, such as:
- Overheating batteries and battery fires
- Battery life/range issues
- Charging problems
- Faulty electrical systems
- Control panel failures
- Malfunctioning navigation systems
- Braking system problems
- Software bugs or defects
How Do You Prove Your Electric Vehicle is a Lemon?
Proving that your electric car qualifies as a lemon under California’s lemon law requires careful documentation, multiple repair attempts, and a clear understanding of the legal process. While the steps may seem straightforward, many vehicle owners find themselves frustrated when an auto manufacturer refuses to acknowledge the problem.
California’s lemon law covers new vehicles sold under warranty, including electric vehicles, hybrid vehicles, and zero-emission vehicles, so long as the vehicle’s defects impact its safety, functionality, or resale value.
The state’s lemon law, which combines the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, gives electric vehicle owners the right to seek legal recourse when a defective vehicle cannot be fixed after a reasonable number of attempts.
Following the right steps can help ensure your lemon law claim is successful.
Step 1: Document Every Repair Attempt
The foundation of any EV lemon law claim is a well-documented history of repair attempts. California law generally requires that the manufacturer be given a reasonable number of attempts to repair the vehicle before a legal claim can proceed.
While the exact number of repair attempts needed can vary depending on the severity of the defect, many lemon law cases involve at least two to four visits for the same issue.
Each time you take your electric or hybrid vehicle to an authorized service center, request a detailed repair order. These records should clearly outline the reported problem, the work performed, and the dates of service. Keeping these documents in a secure location will help prove your vehicle qualifies as a lemon under California law.
Step 2: Identify Qualifying Vehicle Defects
California’s lemon law applies to a broad range of vehicle defects, including those that affect performance, safety, or value. For electric vehicles, these can include EV batteries that fail prematurely, charging system malfunctions, battery fires, software glitches, braking problems, or navigation system failures.
The defect does not have to make the vehicle undrivable; it simply needs to impair its intended use, lower its resale value, or create a safety risk.
Whether your vehicle is an electric car, a hybrid vehicle, or even a gas-powered vehicle with advanced electrical systems, the defect must be covered by the manufacturer’s warranty.
If the vehicle’s warranty is still valid and the defect remains unresolved after reasonable repair attempts, you may be entitled to a lemon law buyback or a refund, or a replacement vehicle.
Step 3: Consult a Lemon Law Attorney Early
Although California consumers are not required to hire a lawyer, navigating lemon law claims without legal guidance can be challenging. A knowledgeable lemon law attorney can evaluate whether the number of repair attempts meets the legal threshold, help gather evidence, and ensure that all deadlines are met.
Since California lemon law entitles successful claimants to recover attorney’s fees, you can typically work with a lemon lawyer at no out-of-pocket cost.
Early legal intervention can also prevent mistakes that might harm your case. For example, if an auto manufacturer offers a partial settlement or pushes for unnecessary delays, your attorney can negotiate for a fair resolution that includes a refund or replacement vehicle.
Step 4: File Your Lemon Law Claim Promptly
California’s lemon law gives vehicle owners four years from the date they first discovered the defect to file a legal claim. While this may seem like plenty of time, filing promptly can strengthen your case. Acting quickly ensures that your repair records are fresh, your evidence is intact, and your vehicle’s condition is clearly documented.
Delays can give the manufacturer room to argue that the defect worsened due to misuse or lack of maintenance. By working with a lemon law attorney early, you can start the legal process while meeting all statutory deadlines.
Step 5: Know the Possible Outcomes
If your vehicle is a lemon, the law may entitle you to either a replacement vehicle of similar value or a full lemon law buyback, which includes reimbursement for your purchase price, taxes, registration, and certain incidental expenses.
The manufacturer is also required to cover your attorney’s fees, meaning legal representation comes at no cost to you.
Understanding these potential outcomes can help you decide whether to accept a settlement or continue negotiations. Your attorney will guide you through the lemon law process, explain your legal options, and advocate for the result that best serves your interests.
Step 6: Keep Communication Professional
When dealing with a manufacturer or dealer, maintain professional, written communication whenever possible. This creates a paper trail that can support your claim. Avoid verbal-only agreements, and always confirm any promises in writing.
This is especially important when negotiating for a replacement vehicle or discussing the number of repair attempts already made.
By following these steps, electric vehicle owners can improve their chances of proving that their defective electric vehicle qualifies for relief under California’s lemon law.
Whether you are dealing with repeated software failures, EV battery problems, or other vehicle defects, acting quickly and keeping detailed records can make all the difference in your EV lemon law claim.
What Can an Lemon Law Law Firm Do for Your Lemon Law Case?
While California’s lemon law does not require you to hire a lawyer to handle your electric vehicle lemon law claim, working with experienced lemon law lawyers can significantly improve your chances of success. Navigating lemon law claims can be complicated, especially when dealing with powerful car manufacturers who are motivated to dispute your case.
Auto manufacturers often have teams of attorneys dedicated to limiting their financial exposure in lemon law cases, which can make it difficult for the average vehicle owner to secure fair compensation without help.
California’s lemon law covers a wide range of motor vehicles, including electric or hybrid vehicles, and zero-emission vehicles, purchased under warranty. If your defective electric vehicle has persistent problems after a reasonable number of repair attempts, the law may entitle you to a refund or a replacement vehicle.
Whether the issue involves EV batteries, charging problems, battery fires, software malfunctions, or other vehicle defects, California consumers have the right to seek legal recourse under the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act.
Contact Our San Diego Electric Car Lemon Law Lawyers Today For Trusted Legal Guidance
A skilled lemon lawyer will know how to prove that your vehicle qualifies as a lemon under California law. This often involves reviewing detailed records of your repair attempts, warranty terms, and communications with the dealer or manufacturer.
The San Diego electric car lemon law lawyers can determine whether the number of repair attempts meets the “reasonable number of attempts” threshold required for a successful legal claim. They can also calculate the appropriate lemon law buyback or negotiate for a replacement vehicle that restores your vehicle’s functionality and protects your vehicle’s safety.
Because California lemon law entitles successful claimants to recover attorney’s fees, you can typically hire a lemon law attorney at no out-of-pocket cost. The auto manufacturer is usually responsible for paying these legal fees if you win your case.
This means you can pursue the lemon law process with strong legal representation without worrying about upfront expenses.
If you are an electric vehicle owner struggling with a defective vehicle, the next best step is to contact a trusted lemon lawyer for a free initial consultation. During this meeting, you can discuss your legal options, review whether your vehicle is a lemon, and start the legal process.
By acting promptly, you improve your chances of resolving your EV lemon law claim and obtaining the refund or replacement vehicle you deserve.
