Electric vehicles in San Diego are becoming increasingly common on the roads. Most vehicle manufacturers now offer at least one electric model, while manufacturers like Tesla, Lucid Motors, and Rivian focus exclusively on manufacturing electric cars. However, electric vehicle technology is complex and constantly evolving. These developments mean that battery-powered vehicles frequently suffer from various issues that affect their reliability, safety, or value.

These defects can have significant financial consequences for owners and lessees, including making loan or lease payments on a vehicle they can’t use, out-of-pocket repair costs, and other related expenses. Fortunately, consumers with lemon cars that the manufacturer can’t fix may have the right to seek financial compensation for the costs or losses they’ve incurred due to their vehicle’s defects.

If you’ve purchased or leased a defective electric vehicle, turn to an EV Lemon Law attorney from The Barry Law Firm to discuss your legal options. Since 2010, our firm has focused on representing consumers against big auto manufacturers. We have successfully guided thousands of clients through the challenges of obtaining relief from their lemon vehicles. And because the Lemon Law requires manufacturers to pay consumers’ legal fees in successful claims, we never charge our clients for our services, regardless of the outcome of the claim. Contact us today for a FAST & FREE consultation.

San Diego’s Lemon Law for Electric Vehicles

The California Lemon Law, under the Song-Beverly Consumer Warranty Act, entitles electric vehicle owners or lessees to pursue legal relief if their vehicle meets the law’s definition of a lemon. Your EV may qualify as a lemon if it has a significant warranty-covered defect that your vehicle’s manufacturer or its authorized dealers cannot fix despite having a reasonable number of attempts to do so.

Substantial Defect

The issue must substantially affect your vehicle’s:

• Safety – Driving puts you at risk of injury or death,
• Use – The car doesn’t work as intended, or
• Value – The problem reduces the vehicle’s trade-in or resale value.

Reasonable Number of Attempts

What the law considers a reasonable number of repair attempts can vary from case to case. If the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable. If the problem is less severe, manufacturers may be entitled to more than two attempts to fix the problem. In certain circumstances, your vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.

Manufacturer’s Original Warranty

The defect must also be covered by the manufacturer’s original warranty to qualify for protection under the Lemon Law. If your manufacturer’s warranty has expired, you may still be covered if you initially tried to have the car repaired while it was in force.

Legal Remedies

If your EV qualifies as a lemon, you have the right to demand that the manufacturer buy it back from you and refund what you’ve spent on the faulty vehicle. That can include the purchase or lease price, sales taxes, registration fees, repair and towing costs, alternative transportation expenses, and other related losses. An experienced Lemon Law attorney at The Barry Law Firm can help determine if your EV is a lemon and explain your rights to you.

What Are Some Common Electric Vehicle Issues?

Because electric vehicle technology is relatively new, many EV models suffer from defects that can affect their use, safety, or value. Common examples of electric vehicle problems include:

• Accelerated battery degradation – An EV’s battery capacity and driving range can decrease more quickly than the manufacturer promises.
• Charging problems – Some EVs may experience electrical or computer issues that prevent the vehicle from recognizing when the driver has plugged in to recharge, resulting in the battery not charging. Battery or software problems may also make an EV charge slower than promised by the manufacturer.
• Thermal runaway – Poor design or construction of an EV’s battery may lead it to overheat, causing battery cells to fail and igniting the material inside the cells.
• Software issues – Many EVs rely on the car’s computer and infotainment system to control most of the vehicle’s systems. Software problems can leave drivers unable to access basic vehicle systems, such as unlocking or starting the vehicle or adjusting the climate control.
• Brake issues – Issues with electric vehicles’ regenerative braking systems may lead to problems such as excessive wear on brake components or brake failures.
• Electrical problems – Faulty wiring or connections in an EV can cause hazards, such as vehicle shutdowns or an increased fire risk.

Do I Need Proof That My Vehicle Is a Lemon?

For a successful Lemon Law claim, you must prove that your EV qualifies as a lemon under state law. This includes documenting that the vehicle has a significant warranty-covered defect impacting its use, safety, or value. You must also establish that you gave the manufacturer a reasonable number of attempts to fix it.

Examples of evidence you may need for your case include:

• Diagnostic reports
• Repair records
• Photos and videos of visible defects
• Dates the vehicle was out of service
• Vehicle’s purchase or lease agreement
• Manufacturer’s original warranty documentation
• Any communication with the manufacturer or their authorized dealership

An experienced Lemon Law lawyer can explain what documentation you need to support your claim and help you assemble it into a compelling case.

Lemon Law Statutes To Be Aware Of

EV owners who may have Lemon Law claims should know that state law imposes a deadline for filing a claim. You have a limited period after purchasing or leasing your defective vehicle to assert your rights under the Lemon Law. You should contact an attorney from The Barry Law Firm as soon as possible when you recognize an ongoing issue with your electric vehicle.

What Can an Attorney Do for My San Diego Lemon Law Case?

An EV Lemon Law attorney at The Barry Law Firm can help you pursue a case against your electric vehicle’s manufacturer by:

• Compiling the documentation and evidence needed to prove that your EV qualifies as a lemon
• Documenting your costs and financial losses to ensure we seek maximum compensation for you
• Managing the details of pursuing your Lemon Law claim against the auto manufacturer to take the stress of dealing with a big corporation off your shoulders
• Negotiating with the manufacturer for a fair settlement and taking your case to trial if necessary
• Handling your case at no charge to you, no matter the outcome of your claim

We Offer a Free Consultation!

When you’ve purchased or leased an electric vehicle that suffers from serious warranty-covered issues that the manufacturer or authorized dealer can’t seem to fix, you may have a legal claim for compensation under the California Lemon Law. Contact The Barry Law Firm today for a fast, free, no-obligation consultation with our legal team to learn how we can help you navigate the claims process and hold large EV manufacturers accountable.