EV Battery and Charging Defects

Electric vehicles have fewer moving parts than gas vehicles, but they can still have serious defects, especially in the high-voltage battery, charging system and software. If your EV or plug-in hybrid keeps going back to the dealer for the same problem, California’s lemon law may require the manufacturer to buy it back or replace it. Faler Law Group represents California drivers with defective vehicles, including electric vehicles.

Common EV Battery and Charging Problems

• Range or capacity loss beyond normal aging, or a sudden drop in range.
• Charging failures, such as the vehicle not charging, stopping mid-session, or charging far slower than it should.
• Onboard charger or charge port problems, including a charge port that won’t lock or release the cable.
• Battery warning lights, “reduced power” or “service high-voltage system” messages.
• Loss of propulsion, where the vehicle suddenly loses power or shuts down while driving.
• 12-volt battery failures that leave the vehicle unable to start or unlock.
• Software problems affecting charging, range estimates or the battery management system.
• Overheating or fire risk, sometimes with instructions to park outside or limit charging.

Does California’s Lemon Law Cover Electric Vehicles?

Yes. The Song-Beverly Consumer Warranty Act covers electric vehicles, plug-in hybrids and hybrids just like gas vehicles. If a new vehicle has a defect covered by the manufacturer’s warranty that substantially impairs its use, value or safety, and the manufacturer or its dealers can’t fix it after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the purchase price.

The Tanner presumption (Civil Code section 1793.22) applies too. A vehicle is presumed to be a lemon if, within 18 months of delivery or 18,000 miles, whichever comes first:

• A defect likely to cause death or serious bodily injury was subject to repair two or more times,
• The same problem was subject to repair four or more times, or
• The vehicle was out of service for repairs for more than 30 days in total.

Notice and dispute-program requirements can also apply, and a vehicle can still qualify outside these guidelines. Learn how California lemon law works.

Battery Warranties

Most EV manufacturers cover the high-voltage battery under a separate warranty that lasts longer than the basic warranty, often 8 years or 100,000 miles. Many battery warranties also cover excessive capacity loss, but only below a set level, such as 70% of the original capacity. The terms vary by manufacturer and model, so check your warranty booklet for:

• How long the battery warranty lasts, in years and miles.
• Whether it covers capacity loss, and at what percentage.
• How the manufacturer measures capacity, and what it says about normal degradation.

A defect that first appears while the warranty is in effect can support a lemon law claim, even if it’s after 18 months or 18,000 miles.

Range Loss: Normal Aging or a Defect?

Some gradual range loss is normal as a battery ages, and range drops in cold weather, at highway speeds and with heavy climate-control use. Real-world range also often differs from the official estimate. A defect is more likely when range drops suddenly, falls well below what similar vehicles get, or the battery loses capacity faster than the warranty allows. Write down your range, mileage and charge level over time, and ask the dealer to run a battery health check and record the results on the repair order.

Is It the Car or the Charger?

Charging problems can come from the vehicle or from the equipment. Problems with a home charger, your electrical panel or a public charging station usually aren’t defects in the vehicle. But if the vehicle won’t charge properly on more than one charger, or the dealer finds a fault in the onboard charger, charge port, battery or software, that’s a vehicle problem that may be covered by the warranty. Note which chargers you used and what happened each time.

Safety Defects and Long Repairs

Some EV defects are safety issues, such as a sudden loss of power while driving or a risk of battery fire. When a defect is likely to cause death or serious injury, two repair attempts within the first 18 months or 18,000 miles can be enough to trigger the Tanner presumption.

EV battery repairs can also take a long time, often because parts are on backorder. California law generally requires warranty repairs to be completed within 30 days unless you agree otherwise in writing or the delay is beyond the manufacturer’s control. Days out of service also count toward the 30-day Tanner guideline. Ask for a loaner or rental, and keep track of every day the vehicle is in the shop.

What to Do About EV Battery or Charging Problems

1. Take the vehicle in every time the problem happens, and check that the repair order describes your complaint.
2. Keep every repair order, including ones that say “could not duplicate” or list only a software update. Make sure each shows the dates and mileage in and out.
3. Track your range and charging: the charge level, miles driven, chargers used and any error messages. Photos of the dashboard help.
4. Ask for a battery health report and keep a copy.
5. Keep recall notices and any instructions from the manufacturer, such as limits on charging or parking.
6. Keep receipts for towing, rental cars and other costs the defect caused.
7. Don’t wait. Deadlines apply, and some manufacturers now require written notice before a lawsuit can be filed.

Bought your EV used? See how California lemon law applies to used vehicles.

EV Battery and Charging Defects FAQ

Does California’s lemon law cover electric vehicles?

Yes. Electric vehicles, plug-in hybrids and hybrids are covered by California’s lemon law the same way gas vehicles are. If a warranty defect isn’t fixed after a reasonable number of repair attempts, the manufacturer may have to buy back or replace the vehicle.

Is losing battery range a lemon law problem?

It can be. Some gradual range loss is normal as a battery ages, and real-world range often differs from the official estimate. But a sudden drop, range far below what the battery should deliver, or capacity loss beyond what the battery warranty allows may point to a defect the manufacturer has to fix.

My EV won’t charge at home. Is that the car or the charger?

It depends. Problems with your home charger, the electrical panel or a public charging station usually aren’t defects in the vehicle. But if the car won’t charge on more than one charger, or the dealer finds a problem with the onboard charger, charge port or battery system, that’s a vehicle problem that may be covered by the warranty.

What if my EV has been at the dealer for weeks waiting for parts?

Long repair delays matter. Under California law, warranty repairs generally must be completed within 30 days unless you agree otherwise in writing or the delay is beyond the manufacturer’s control. And if the vehicle is out of service for more than 30 days in total within the first 18 months or 18,000 miles, the Tanner presumption may apply.

Does a recall on my EV’s battery make it a lemon?

Not by itself. But if your vehicle has a battery or charging defect and repair attempts, including recall repairs, haven’t fixed it, you may have a lemon law claim. Keep every repair order and recall notice.