How to Handle EV Defects in California

We at The Law Offices of Kevin Faulk in Sunnyvale, California, know how overwhelming it can feel when our electric vehicle (EV) starts showing defects. Whether you are dealing with battery issues, software malfunctions, or strange noises that the dealership can’t seem to fix, these problems aren’t what you signed up for when you invested in cleaner transportation.

You have rights under California's Lemon Law, and it’s important that you understand what those rights mean and how to take advantage of them. By working together, we can make sure your investment in a cutting-edge electric vehicle is protected, your frustration is minimized, and your road ahead is a bit smoother.

A Rundown on California EV Defect Laws and the Lemon Law

California has laws that allow you to hold manufacturers accountable if your EV doesn’t perform as promised. The idea behind this is simple: when you put your trust and money into a vehicle, you deserve something that works as intended.

Instead of feeling stuck with an underperforming or even dangerous car, you can use the Lemon Law to push back, request proper repairs, and sometimes pursue compensation or a replacement.

EVs have introduced new technology into daily commutes, and while the benefits are many, the potential for unique issues also exists. When these vehicles fail to meet the expectations set by the manufacturer’s warranty, you don’t have to quietly accept the situation.

The more familiar you are with the rules that apply, the better positioned you’ll be to get what you’re owed.

The Basics of EV Defects and Your Rights

You invest in EVs because you value efficiency, reliability, and a smaller environmental footprint. Yet, when defects emerge, it can feel like you’re stuck paying for a promise that was never kept.

Your rights come from laws designed to protect consumers. If your EV repeatedly fails to run correctly, even after several repair attempts, that vehicle might be considered a “lemon.”

These laws protect you in several ways. Depending on your situation, you may be entitled to a refund or a replacement. You can also use these laws to push the manufacturer toward offering proper repairs at no cost. Your rights help create a more balanced relationship with large corporations that might otherwise try to ignore your concerns.

The California Lemon Law Applied to EV Defects

California’s Lemon Law is one of the most consumer-friendly regulations in the country. When applied to EV defects, it works similarly to how it works for traditional vehicles.

This law covers you if your EV has a warranty and the problem persists despite multiple attempts to fix it. This protection ensures that you’re not forced to pay out of pocket to correct the manufacturer’s mistake.

It’s important to remember that Lemon Law claims often hinge on details. The number of repair attempts, the length of time the vehicle is in the shop, and the nature of the defect all matter.

If the defect is a serious safety issue that puts you or your loved ones at risk, the threshold for how many attempts the manufacturer gets before the vehicle is deemed a lemon might be lower. By understanding the criteria, you’ll be better prepared to defend your interests when the time comes.

Steps Toward Handling EV Defects in California

When it’s time to face an EV defect head-on, it helps to have a clear strategy. While each situation is unique, there are several steps you can take to position yourself favorably in a Lemon Law claim.

Documenting Issues

One of the first things you should do is document any problems you experience. This includes:

• Date and time of occurrences: Keeping a record of when issues arise helps you see patterns and confirm that the problem is persistent.

• Nature of the defect: Is it the battery failing to hold a charge? A sudden loss of power while driving? Documenting these specifics creates a stronger case.

• Communication with the dealer or manufacturer: Any emails, phone calls, or repair orders can be crucial evidence.

Communicating with the Manufacturer

You shouldn’t wait too long before reaching out to the manufacturer or authorized dealership. When you complain about a specific issue, you need to:

• Be clear and concise: Describe the defect and its impact on the EV’s performance.

• Keep a record of responses: Save emails or note down the name of the representative you spoke with.

• Request official repair attempts: Ask them to inspect the vehicle and confirm what they found.

Repair Attempts and Official Complaints

Once the manufacturer is involved, they may try to repair the vehicle. If they fail to fix the issue after a reasonable number of attempts, you should consider filing an official complaint. It’s also wise to:

• Verify repair records: Confirm that the dealership’s notes accurately describe the work done.

• Track time spent in repairs: If your EV is out of commission for a significant portion of its warranty period, that can strengthen your claim.

• Follow up consistently: If the problem persists, don’t hesitate to request additional repairs or pursue a Lemon Law claim.

Common EV Defects You May Face

As EV technology continues to evolve, we’re seeing certain patterns in the defects that owners experience. Understanding what may go wrong can help you recognize issues earlier and take appropriate steps to address them.

Battery and Charging Issues

The battery is the heart of our EV, so defects related to it can be especially troubling. You may encounter:

• Diminished range: If our EV no longer travels as far as it once did on a single charge, a defect might be to blame.

• Slow or inconsistent charging: Struggling to reach a full charge within the expected timeframe can interfere with your daily routines.

• Overheating or unusual noises: Batteries that run too hot or produce strange sounds may be warning you that something isn’t right.

Software Problems and Over-the-Air Updates

As EVs become more reliant on software for basic functions, software defects are an increasing concern. Examples include:

• Glitchy infotainment systems: Persistent freezes, reboot loops, or malfunctioning displays can create real frustration.

• Miscommunication with charging networks: If your EV’s software can’t talk properly with charging stations, you may have trouble replenishing power.

• Unsuccessful updates: Failing to receive or properly install over-the-air updates can mean you miss out on important fixes or new features.

Drivetrain and Performance Errors

Just like any vehicle, EVs can suffer from mechanical or performance-related defects. Some common issues include:

• Power delivery inconsistencies: Sudden drops in acceleration or unpredictable throttle responses can make the car difficult to control.

• Strange noises: Whirring, clunking, or scraping sounds coming from the motor or drivetrain may indicate defects.

• Handling and suspension issues: Defective suspension components can lead to a rough ride or compromised handling, reducing overall safety and comfort.

Safety System Failures

Many EVs feature advanced safety systems intended to keep you protected on the road. However, these systems are only effective if they work as intended. You may encounter:

• Malfunctioning lane-keeping assistance: If these features fail, you might find yourself veering out of your lane without warning.

• Faulty emergency braking: A safety system that can’t initiate braking when needed might put you at greater risk of a collision.

• Inaccurate sensor readings: Cameras, lidar, or radar sensors that feed incorrect information can render safety features useless.

Potential Outcomes When Addressing EV Defects

No two EV defect cases are exactly alike, but when you push back under California’s Lemon Law, a few outcomes are possible. The manufacturer may decide it’s not worth fighting the claim and offer a settlement. Alternatively, they may try to dispute whether your EV meets the lemon criteria, in which case you might need to present additional evidence.

A good outcome often involves holding the manufacturer accountable in a way that corrects the problem. This might mean performing a thorough repair at no cost to you. In other cases, a manufacturer might consider replacing our EV with a similar model that works properly. 

If neither repair nor replacement is suitable, you might pursue a refund option that returns you to a situation where you aren’t unfairly losing money due to defective technology.

How California Lemon Law Supports EV Owners

The California Lemon Law is a safety net that catches you when you find yourself stuck with a faulty EV. By setting guidelines for when a vehicle qualifies, the law tries to keep you from bearing the financial burden of a defective product. When you find yourself repeatedly returning to the dealership for the same issue, the Lemon Law is there to back you up.

Compensation Under the Lemon Law

Depending on our circumstances, compensation might come into play. If your EV’s defect wasn’t corrected after the required number of repair attempts, you may be entitled to compensation that reflects the financial impact of owning a vehicle that doesn’t live up to its standards. 

This can include costs like your down payment, monthly payments made toward the defective car, and sometimes even related incidental costs.

Replacement Options

Another option may be a replacement EV. If the manufacturer can’t fix the current vehicle, they might provide a new one of the same or similar model. This gives you a functioning car that meets the original promises made at purchase. If the EV in question is no longer available, another model might be offered to keep you on the road without the defective issues.

Refund Scenarios

In some situations, the most straightforward solution is a refund. This can mean giving you back what you spent on the vehicle. This puts you in a position to choose a different EV brand or stick with a traditional vehicle. Whatever you decide, the point is that the manufacturer takes responsibility for the defect rather than forcing you to bear the cost.

Preventing Future EV Defects

While you can’t predict every problem that might arise, there’re ways to reduce your risk of dealing with EV defects that trigger a Lemon Law claim. By staying proactive, you can save yourself time, money, and frustration.

Regular Maintenance and Updates

Keeping up with recommended maintenance makes sure that your EV stays in good shape. Manufacturers often share guidelines for everything from battery check-ups to software updates. By following these guidelines, you can:

• Keep software current: Accept recommended updates to improve performance and address known bugs.

• Have professionals inspect our EV: Regular inspections can catch issues before they escalate.

• Maintain vehicle value: A well-maintained EV is more likely to command a fair value if you decide to sell in the future.

Tracking and Documentation

If defects do appear, having a paper trail makes our claim stronger. Good documentation habits include:

• Maintaining a repair journal: Write down when and why your EV went into the shop and what repairs were performed.

• Saving receipts and invoices: Keep records of all expenses and work performed on the vehicle.

• Photographing or recording issues: If possible, gather visual evidence of the problem to present later.

Reaching Out to Professionals

When you first notice a defect, it might help to consult with a professional who understands EV systems. They can:

• Check for underlying problems: Confirm if the issue is tied to a known mechanical or software defect.

• Offer guidance on next steps: This is to help you decide if you should request repairs, consider warranty claims, or begin Lemon Law proceedings.

You should remember that not all EV defects will qualify as a Lemon Law issue. Sometimes, a quick fix or update will get you back on the road. But when the problem is truly persistent, and the manufacturer refuses to make it right, the Lemon Law exists to protect you.

Contact Us Today

Our firm is located in Sunnyvale, California, and works throughout the state of California, including Sunnyvale, San Jose, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, San Diego, and beyond. Contact Attorney Faulk today to learn more about how the Lemon Law may apply to your EV defect case.