Electric vehicles (EVs) are fully covered by the California Lemon Law under the Song-Beverly Consumer Warranty Act. EV-specific qualifying defects include high-voltage battery degradation, premature battery failure, charging port failures, DC fast-charge errors, drive-unit failures, regenerative braking issues, software regressions affecting Autopilot or other advertised features, infotainment failures, and HV thermal management problems. EVs typically carry both a standard new-vehicle warranty (3 yr / 36k mi) and a separate federally-mandated 8-year / 100,000-mile battery and powertrain warranty, which dramatically extends Song-Beverly coverage for EV-specific defects. Tesla, Rivian, Lucid, Ford, GM, Hyundai, Kia, BMW, Mercedes, and Polestar EVs have all generated California lemon law claims.
Common EV-Specific Qualifying Defects
- Battery capacity degradation. Range loss greater than reasonable expectation; typically >30% degradation in 4 years is suspect.
- Premature battery failure. Cell or module failures requiring replacement before normal service life.
- Charging failures. Vehicle refuses to charge; intermittent charge sessions.
- DC fast-charge errors. Reduced rate, charging termination, communication errors at chargers.
- Drive-unit failures. Motor failures requiring replacement.
- Inverter and charger failures.
- Regenerative braking issues. Inconsistent regen, software-related braking jerks.
- Thermal management failures. Coolant leaks, battery heating/cooling issues.
- Software regressions. OTA updates that remove or degrade advertised features. See software defects.
- ADAS errors. Autopilot, FSD, Super Cruise, BlueCruise. See safety system defects.
- Frunk, door, glass, and trim issues. Common on early-production EVs.
The Extended Battery Warranty
Federal law requires EV manufacturers to provide a minimum 8-year / 100,000-mile warranty on high-voltage batteries and electric powertrain components. California EVs are commonly covered by an even longer warranty (e.g., Tesla 8-yr / 150,000-mile on Model S/X). This extended warranty extends Song-Beverly’s reach significantly past the typical 3-yr / 36k-mi new-vehicle warranty for EV-specific defects.
An EV battery defect that first manifests at year 5 — long after the standard warranty expires — is still covered.
Notable EV Manufacturer Defect Patterns
- Tesla. Phantom braking, MCU failure (Model S/X), autopilot disengagements, drive-unit replacements, panel gaps, paint defects, FSD/EAP feature regressions.
- Ford Mustang Mach-E. Battery contactor failures (recall), HV charging issues, software glitches.
- Chevrolet Bolt EV / EUV. HV battery fire risk (recall and full battery replacements), regenerative brake software.
- Hyundai Ioniq 5 / 6. 12V battery drain, charging glitches, ICCU failures.
- Kia EV6. Similar to Ioniq platform — ICCU and software issues.
- Rivian R1T / R1S. Software updates causing feature regressions, charging issues.
- Lucid Air. Software, charging issues on early production.
- BMW i4 / iX. Charging issues, software glitches.
- Polestar 2. Battery contactor recalls, infotainment failures.
Documenting EV Defects
- Capture range estimates at full charge over time — this documents capacity degradation
- Screenshot OTA update notifications and feature listings
- Save Supercharger / fast-charge session logs (Tesla app, ChargePoint, etc.)
- Record video of charging port issues, phantom braking, software glitches
- Retain all service repair orders, including mobile-service visits
- For Tesla: service requests handled via mobile app create timestamped records
Free Case Review
EV lemon law claims are a growing share of California cases. McMillan Law Group will evaluate your repair history at no cost. No fee unless we win.