Is Your EV a Lemon? What California Lemon Law Says When Your Electric Car Keeps Failing

Yes, California’s lemon law covers electric vehicles. Under the Song-Beverly Consumer Warranty Act, if the manufacturer can’t fix a warranty defect that substantially impairs your EV’s use, value or safety after a reasonable number of attempts, it must refund what you paid or replace the vehicle, and you choose which. The EV defects we see most are high-voltage battery failures, charging unit (ICCU) faults, sudden power loss, drive unit failures and software problems that knock out cameras or controls.

You bought an electric vehicle because it was supposed to be simpler. Fewer moving parts. No oil changes. Software that improves overnight.

Then the charging fault started. Or the range fell off a cliff. Or the screen went black at 70 mph on the 405. Now your EV has spent more time at the service center than in your driveway, and every visit ends the same way: a software update, a “could not duplicate,” and the same warning light two weeks later.

At The Barry Law Firm, we’ve handled only California lemon law cases since 2010. This guide covers how the law applies to EVs, which problems most often turn into lemon law claims, and what to do next.

Does California’s lemon law cover electric vehicles?

Yes. The Song-Beverly Consumer Warranty Act applies to most new motor vehicles bought or leased in California with a manufacturer’s warranty. It doesn’t matter what powers the wheels.

Under Civil Code section 1793.2(d)(2), if the manufacturer can’t fix a warranty-covered defect after a reasonable number of attempts, it must replace the vehicle or refund what you paid. You get to choose the refund. The manufacturer can’t force a replacement on you.

The California Attorney General boils the test down to three parts:

1. The defect is covered by the warranty.
2. It substantially impairs the vehicle’s use, value or safety.
3. It wasn’t caused by abuse after purchase.

A high-voltage battery that won’t hold a charge meets that test. So does a drive unit that cuts power on the freeway.

Leased EVs get the same protection as purchased ones. Used and certified pre-owned EVs can qualify in some situations, depending on how they were sold and what warranty came with them. We cover the details on our California lemon law requirements page.

Which EV problems most often lead to lemon law claims?

EV lemons follow their own pattern. These are the defect types that show up most in recall and investigation records, and in the questions EV owners bring to us.

High-voltage battery failure or overheating

This is the big one. The battery pack is the most expensive part of your vehicle, and when it fails you lose range, charging or the whole car. In January 2026, Volkswagen filed NHTSA recall 26V030 covering 43,881 2023–2025 ID.4 vehicles because the high-voltage battery may overheat and increase the risk of fire. The remedy is a battery software update and battery replacement “as necessary.”

Ford issued a similar recall for 2022 Mustang Mach-E battery contactors that could overheat and cut drive power, covered in our Mach-E high-voltage battery recall post. GM’s Bolt EV went through repeated battery replacements and software patches, which we covered in our Bolt EV fire risk recall article.

Charging system faults, including the Hyundai and Kia ICCU

Your EV has a component that charges the 12-volt battery from the high-voltage pack. In Hyundai and Kia EVs it’s called the Integrated Charging Control Unit, or ICCU. When it fails, the 12-volt battery drains and the car gradually loses power.

Hyundai’s recall 272 (NHTSA 24V868) covers certain 2022–2024 IONIQ 5 and 2023–2025 IONIQ 6 vehicles. Hyundai’s own filing says that if the vehicle is driven until the 12-volt battery is fully depleted, “the vehicle will lose all motive power.” The fix is a software update, plus ICCU and fuse replacement if a specific fault code is present. Kia’s recall 24V867 addresses the same defect in 2022–2024 EV6 vehicles.

Hyundai’s notice also says vehicles that already had the earlier ICCU recall 257 need to come back for recall 272. That’s two visits for the same component. If the problem persists after that, it’s the kind of history that matters under the lemon law. Our Hyundai lemon law page covers ICCU claims in more depth.

12-volt battery and sudden power loss

It surprises people, but the small 12-volt battery in your EV runs the computers, door locks and screens. When it dies, the car won’t move. Ford’s Mach-E recall for door latches that could trap passengers was reported to involve 12-volt power management, with a software fix as the remedy. We covered it in Mustang Mach-E 12-volt battery issue could lock owners out.

Drive unit, inverter and motor failures

These defects go straight to safety because they cause loss of propulsion. Tesla recalled 2,431 2024 Cybertrucks under NHTSA recall 24V832 for a drive inverter fault that could cause loss of drive power. Rivian owners have reported loss of power and high-voltage distribution issues, which we discuss on our Rivian lemon law page.

Software glitches, blank screens and camera failures

In an EV, the center screen isn’t just entertainment. In many models it carries your backup camera, defroster controls and turn signal indicators. When it fails, you lose more than music.

Rivian’s September 2026 recall 26V597 covers 98,828 R1S, R1T and R2 vehicles whose software may not display the rearview camera image when shifting to reverse. The remedy is an over-the-air software update. Ford’s recall 25V863 covers 272,645 vehicles, including 88,064 Mustang Mach-Es, because the park module may fail to lock the vehicle in park. Also a software fix.

Software problems qualify under the lemon law when they substantially affect use, value or safety. See our page on lemon law claims for software glitches.

Phantom braking and driver-assistance faults

NHTSA investigated roughly 416,000 2021–2022 Tesla Model 3 and Model Y vehicles after hundreds of complaints about unexpected braking, as reported by InsideEVs. GM’s recall 25V012 covered 2,890 Equinox EVs whose adaptive cruise control might not brake as designed.

Door handles and latches

Electronic door handles depend on power. In September 2025, CNBC reported that NHTSA opened an investigation into about 174,000 2021 Tesla Model Y vehicles over door handles that may stop working. An investigation is not a recall, and no defect finding has been made. But if your door handles have failed repeatedly, that’s a documented safety concern for your file.

Does repeated “turtle mode” count?

It can. Turtle mode is when your EV drops into a limp mode that caps speed and acceleration. Once is a fluke. Repeatedly, after multiple repairs, is a pattern worth documenting.

Is your EV a lemon? Three quick questions

1. Did the problem start while the vehicle was under warranty? Many EVs have a separate warranty on the high-voltage battery and drive components in addition to the basic warranty. Check your warranty booklet for the exact terms. If the defect appeared during coverage, you may still have rights even if the warranty has since run out.
2. Has the manufacturer had more than one chance to fix it? Under Civil Code section 1793.22, the law presumes a reasonable number of attempts within the first 18 months or 18,000 miles if there were two or more repairs for a defect that could cause death or serious injury, four or more for any other defect, or more than 30 total days out of service. That presumption is a shortcut, not a wall. Plenty of cases qualify outside it.
3. Does the defect matter? Loss of power, charging failure, braking faults and door lockouts all affect safety or use. A rattle in the glovebox probably doesn’t.

Two or three yeses, and it’s worth a conversation. We’ll review your repair history and give you a straight answer, whether or not we take the case. Our post on how many repair attempts trigger the lemon law goes deeper.

Does an over-the-air software update count as a repair attempt?

It may, but California law hasn’t clearly settled it. This is one of the first questions EV owners ask us.

Song-Beverly was written for vehicles fixed in a shop with a repair order. When Tesla or Rivian pushes a patch to your car overnight, there’s often no paper trail. We’re not aware of a published California ruling that squarely decides whether a remote update, by itself, counts as one of the manufacturer’s repair attempts.

What wins cases is documentation:

• Report every symptom through the manufacturer’s official channel. Use the Tesla app, the Rivian app or the dealer service desk. Get a service record or invoice each time, even for a mobile visit or a software-only fix.
• Save your notification history. Screenshot update notes, error messages and dates. Keep a simple log with mileage.
• Ask for a repair order that states the complaint in your words. “Customer reports vehicle lost power on the freeway” is far more useful than “performed software update.”

Owners aren’t always convinced software fixes work. J.D. Power’s 2026 Vehicle Dependability Study found that infotainment problems and “spotty performance of over-the-air software updates” pushed three-year problem rates to the highest level since the study was redesigned, at 204 problems per 100 vehicles. Its 2024 study put battery electric vehicles at 256 problems per 100, the most of any powertrain type. If the update didn’t fix your car, the pattern of repeat complaints is what proves it.

Does a recall make your EV a lemon?

No, not by itself. A recall means the manufacturer owes you a free fix. It doesn’t hand you a lemon law claim on its own.

What a recall does is put the defect on record. If you get the recall repair and the same problem comes back, that failed fix counts toward your repair history. Our Cybertruck recall rights article walks through the difference.

Keep three things separate: an NHTSA investigation (like the Model Y door handle probe) is not a recall, a recall is not a lawsuit, and a lemon law claim is your individual case against the manufacturer.

Does lemon law apply to Tesla’s direct service model and arbitration clause?

Yes. Tesla doesn’t use franchised dealers, but that doesn’t change your rights. The law looks at whether the vehicle carries a manufacturer’s warranty, not who sells it. Tesla’s service centers and mobile technicians perform its warranty repairs, so document every visit the same way you would a dealer visit.

Tesla’s Motor Vehicle Order Agreement includes an arbitration clause. It can affect where and how your claim is heard, and it has an opt-out window after purchase. We explain it in things you need to know before buying a Tesla. If you’ve passed the window, don’t assume you’re stuck. Bring us your paperwork and we’ll tell you where you stand. Our Tesla lemon law page has more.

What can you recover in an EV lemon law case?

The remedies are the same as for any vehicle. Every case is different and no result is guaranteed, but the law provides for:

• A buyback. The manufacturer refunds what you paid, including sales tax, registration and official fees, and pays off the loan or lease. It may deduct a usage offset: miles driven before your first repair visit for the defect, divided by 120,000, multiplied by the purchase price. Miles after that first visit don’t count against you. Our buyback calculator shows the math.
• A replacement vehicle. A substantially identical new vehicle with the warranties that normally come with it. The choice between refund and replacement is yours.
• Out-of-pocket costs. Towing, rental cars, rideshare while your car sat at the service center, and repair costs you paid.
• A civil penalty. If the manufacturer willfully ignored its obligations, the court can award up to two times your actual damages.
• Attorney fees. The manufacturer pays them. You never pay us a cent, win or lose.

Some clients prefer a cash-and-keep settlement, where they get compensation and keep the car. That’s a judgment call we’ll talk through with you.

How The Barry Law Firm handles EV lemon law cases

EV cases have quirks: sparse repair orders, remote diagnostics and manufacturers that argue a software patch “resolved” the issue. We’ve handled California lemon law claims exclusively since 2010 and have recovered approximately $150 million for clients over the last ten years (past results don’t guarantee future ones). Recent results span brands from Rivian to Ram.

• Dedicated representation. Your case is matched to an attorney who knows your manufacturer. We don’t bundle claims into mass settlements. If we say yes to your case, it means we believe in it.
• Clarity at every stage. A case manager keeps you updated in plain English. “There was always someone there to update me as far as the status of my claim, and were quick to respond to emails,” wrote Amanda M.
• Care. David Barry speaks with every client. As Nina B. put it, “David was caring towards my needs through out the whole process and answered my questions at all times.”

That’s why we hold a 4.9-star Google rating across more than 450 reviews. We’re also honest when the answer is no. If your EV doesn’t qualify yet, we’ll tell you what to document so you’re ready if it does. Read more about what to expect from the California lemon law process.

Frequently asked questions about EV lemon law in California

Does California lemon law cover electric vehicles?

Yes. The Song-Beverly Act applies to warranty-covered vehicles bought or leased in California, regardless of powertrain. EVs from Tesla, Rivian, Lucid, Ford, GM, Hyundai, Kia and every other maker are covered.

Is battery degradation a lemon law defect?

It can be. It depends on your battery warranty terms and your repair history. A sudden or severe drop in range, or repeated battery faults the manufacturer can’t fix, is worth having reviewed.

Does a Tesla mobile service visit count as a repair attempt?

It should, if it’s documented. Tesla performs its own warranty repairs at service centers and in your driveway. Always ask for a service record that describes your complaint.

Does an over-the-air update count as a repair attempt?

California courts haven’t squarely decided it. Report each problem through the manufacturer’s official channel and get a written service record, so every attempt to fix the defect is on file.

My EV is a 2021 model. Is it too old?

Maybe not. We generally look at vehicles from roughly the last five to six model years, and what matters most is whether the problem began while the vehicle was under warranty. Borderline years depend on the facts, so ask.

Can I file a lemon law claim on a leased EV?

Yes. Leased vehicles get the same protections as purchased ones under California law.

I drive my EV for Uber or Lyft. Do I still qualify?

Yes, as long as you’re not operating a fleet. Small businesses with five or fewer vehicles registered in California also qualify.

What does it cost to hire The Barry Law Firm?

Nothing. The manufacturer pays attorney fees and costs under the lemon law. You never receive a bill from us, regardless of outcome.

Not sure if your EV is a lemon? Let’s find out

You relied on your EV, and it let you down. You shouldn’t have to fight a manufacturer’s service team alone to make it right.

Gather your repair records, app notifications, and purchase or lease agreement. Then call us at 424-688-9088 or request a free case review. We’ll give you straight answers about your options, and if your case qualifies, we handle the process, the pressure, and the paperwork so you don’t have to.