Electric vehicles (EVs) are revolutionizing the auto industry, but when your high-tech car comes with high-stress problems, what are your rights as a California consumer?
If you’re dealing with repeated battery failures, charging issues, or software malfunctions in your EV, you might be protected under California’s Lemon Law. And the good news is: California leads the nation in EV protections.
Here’s everything you need to know about how the Lemon Law applies to electric cars in California, including what counts as a defect, how the law works, and how to start your claim.
What Is EV Lemon Law in California?
California’s lemon law (the Song‑Beverly Consumer Warranty Act) applies to electric vehicles just as it does to gas-powered cars. If your EV is under warranty and continues to have a substantial defect after multiple repair attempts, you may be entitled to a refund, replacement, or cash settlement.
The key is whether the defect substantially impairs the car’s use, value, or safety and whether the manufacturer had a reasonable opportunity to fix it.
Common EV Defects Covered Under California Lemon Law
If your vehicle shows repeated or unresolved problems with these components, it could qualify:
- Battery charging issues or rapid battery drain
- Failure to hold a charge or range inconsistency
- Charging port malfunctions
- Power loss while driving
- Malfunctioning regenerative braking systems
- Electrical system failures or warning lights
- Software or autopilot glitches
- Defective screens or instrument clusters
- HVAC system failures impacting range or cabin use
These aren’t minor annoyances — they can directly impact the usability, reliability, and safety of your car.
How California’s Lemon Law Applies to Electric Vehicles
California’s Lemon Law is among the most consumer-friendly in the country. It doesn’t just cover major mechanical breakdowns — it also applies to EV-specific concerns like battery degradation, onboard software defects, and charger compatibility issues.
- The car must be under the original manufacturer’s warranty
- The issue must significantly affect use, value, or safety
- The dealership or manufacturer must have had a reasonable number of attempts to fix it
What counts as a “reasonable number”? Under California law, typically:
- 2 + attempts to fix a serious safety defect
- 4 + attempts for less serious issues
- OR, the vehicle is out of service for 30 or more days (not necessarily consecutive)
For example, if your Tesla repeatedly loses range or your Rivian’s charging port fails after multiple visits, you could qualify under the law.
Why This Matters for EV Owners
Because EVs incorporate advanced battery systems, software, and charging infrastructure, defects can degrade quickly, affect resale value dramatically, and create safety or usability risks. California courts recognise that.
Also in California, there were nearly 15,000 Lemon Law filings in 2022, and more than 22,000 in 2023.
This shows that consumers are increasingly making use of these rights and EV owners should be aware that they are included.
Special Issues with EVs and Battery Problems
Unlike traditional vehicles, most EVs rely on a complex battery system that directly affects performance, safety, and value. These batteries can cost $10,000 or more to replace, so issues like excessive battery drain, long charging times, sudden loss of range and charging system failures are not just inconvenient; they’re serious problems.
And in California, battery issues are one of the most common complaints in EV lemon law cases. That’s why having documentation of your repair visits, service history, and communications with the dealership is essential.
How to File an Electric Car Lemon Law Claim
If your EV constantly goes to the shop or you no longer trust it to get you from point A to B safely, it’s time to consider legal action. Here’s how to start:
1. Gather All Documentation
Keep a folder (digital + physical) with:
- Purchase or lease documents
- Warranty and service-contract information
- Repair orders and service history
- Communication with the manufacturer or dealer (emails, texts, letters)
- Any roadside assistance or tow records
This documentation is crucial to prove your case if your EV qualifies as a lemon — whether you drive a Tesla, Jeep 4xe hybrid, or Mercedes-Benz EV.
2. Consult a California Lemon Law Attorney
You need someone who understands the nuances of EV defects and California consumer rights. At Court House Lawyers, our attorneys have helped many EV owners get justice without charging them a dime from their settlement.
3. Start Your Claim
Once your attorney reviews your case and determines it qualifies, they’ll initiate the process. In many cases, manufacturers choose to settle rather than go to trial.
What Happens If You Win an EV Lemon Law Case?
If your claim is successful, you may be entitled to:
- A full refund of the vehicle price (minus a “usage fee”)
- A replacement vehicle of a similar make and model
- Cash compensation for the reduced value and inconvenience
- Manufacturer-covered legal fees and costs — you pay nothing out of pocket
Why California Consumers Have an Advantage
- California is the largest EV market in the U.S. — in Q1 2025, Californians purchased 100,326 zero-emission vehicles (ZEVs), representing 23 % of all new vehicle sales in the state.
- The state has built strong legal protections for electric vehicle buyers — including those driving high-end brands from Tesla, Rivian, Lucid or any other electric brand.
- You are not stuck with a defective EV. Even if the issue seems minor at first, if it keeps recurring or affects the car’s reliability, you may have a case.
When to Speak With a Lemon Law Lawyer
You should contact a lemon law attorney if:
- The same problem has occurred multiple times
- Your vehicle has been out of service for weeks
- The dealership can’t seem to fix the issue
- You’ve lost confidence in the safety or reliability of the car
- Your EV has battery issues or electronic failures that haven’t been resolved
Don’t wait until your warranty expires. The Lemon Law is strongest while your car is still covered by the manufacturer’s warranty. If your vehicle defect led to an accident, it’s very important you contact a lawyer before talking to the other driver’s insurance company.
Final Thoughts
Electric cars are the future — but advanced vehicles are not immune to problems. If your EV constantly breaks down or has major battery or charging issues, California’s Lemon Law is on your side.
At Court House Lawyers, we fight for EV owners who deserve better. We don’t take fees from your settlement. We don’t double-dip. And we make sure the compensation goes straight to you, not our firm.
If you need help with your defective EV, Book your free legal consultation now and find out if your electric car qualifies under California’s Lemon Law.
