Breach of Warranty in EVs: Why Battery Failures Are the New Legal Battleground

Throughout our lemon law blog posts, we’ve focused on defining what constitutes a substantial defect, and showing how a lemon law attorney proves it, to hold the manufacturer accountable via compensation to the vehicle owner. Often, we’ve seen various gray areas that complicate lemon law claims, or that can even cause potential claims to be denied. Here, we’ll review substantial electric vehicle (EV) battery problems. These can get complex, and we’ll especially focus on how unusual or extreme degradation can be the basis for a claim.

As with other types of lemon law cases, the attorney is prepared should the manufacturer try to reject, delay, minimize or avoid the claim. We will see here various ways that a lemon law attorney can prove invaluable to EV owners, who try to pursue compensation for malfunctioning EV batteries. You’ll see that these cases can be best handled by a lemon law attorney because the attorney is familiar with all the complexities that can occur regarding what laws can be used to help the vehicle owner gain compensation.

EVs Have Separate Battery Warranties

The first thing we should focus on is that EVs have separate battery warranties. These are typically 8 years, or 100,000 miles, whichever comes first. Since the battery is a costly and unique part of the vehicle, its warranty coverage is longer than the main vehicle warranty, which is usually 3-5 years/36,000-50,000 miles. It’s this battery warranty that can be a key part of lemon law claims.

You may find that certain states, such as California, mandate 10 year/150,000 mile EV battery warranties. Some manufacturers also (Hyundai and Kia are examples) can offer 10 year/100,000 mile EV battery warranties. It’s important to know what the EV battery warranty is when you purchase your vehicle.

We set the stage here with this background information because as the adoption of electric vehicles continues, increasing numbers of cases are surfacing regarding fine lines between what’s covered under an EV battery warranty, and car owners not sure if their situation fits under a lemon law claim.

What is EV Battery Degradation?

The next point we have to review is how battery degradation may figure into a claim. Often, with EV battery warranties, some degradation over time is expected, and written into the warranties is a planned threshold, such as 70% capacity. So, if the battery were to fall below that capacity within the battery warranty coverage timeframe, or fail completely, it should be covered under warranty; the manufacturer will be responsible for repairing or replacing it.

But What About Sudden Degradation or Failures?

Overall, complete EV battery failures and manufacturer refusal to repair or replace batteries is not the norm. But, there are instances where a vehicle owner’s EV battery capacity can drop greatly in a short period of time. It could sit above the 70% warranty threshold, say at 73%, but have dropped drastically, say within a year or so of purchase (consult an attorney for timeframes applicable under your state laws). This can potentially qualify as a substantial defect, and a lemon law attorney can help the vehicle owner pursue a lemon law claim.

The reason this type of scenario would qualify as a substantial defect is because the battery in an EV is comparable to an engine in a combustion engine vehicle. The EV battery is the main component, and if it becomes severely degraded or inoperable, this is a substantial defect that can potentially be pursued via a lemon law claim. EVs are treated under the law in the same way as other vehicles, so the compensation sought will be either a refund or replacement vehicle.

There is always the opportunity for negotiated settlements in lemon law cases. Should the car owner wish to keep the car and have the manufacturer replace the battery, this could, potentially, be negotiated. A lemon law attorney can advise the client if this outcome would be in their best interest. The attorney will review this and all potential compensation options with clients as part of the claim process.

Lemon Law Claims and Warranty Breaches

So, how does an EV battery-related lemon law claim work?
Typically, an EV battery defect that occurs within the initial lemon law eligibility period, (the first 12, 18, or 24 months and/or 12,000-24,000 miles – check with a lemon law attorney for laws and timeframes in your state), and is unfixable after the state’s prescribed number of manufacturer repair attempts, can qualify under state lemon laws.

Key point: After the initial lemon law period, but within the longer battery warranty (such as year 3 of an 8-year warranty): If the defect occurs in this later window, it generally cannot be pursued as a state lemon law claim in most states. Instead, the legal claim shifts to a breach of express written warranty claim. The attorney can pursue it via federal law (the Magnuson-Moss Warranty Act) and state commercial law (the Uniform Commercial Code, or UCC).

California is the exception. It provides for lemon law claims within any applicable manufacturer’s warranty, in this instance, within the timeframe of an EV battery warranty. If you live in California, your lemon law attorney will inform you of how a claim would be pursued for your EV.

 

Your records will be vital to proving your case: As with other lemon law cases that involve combustion engine vehicles, it’s important to gather and organize all your evidence for presentation to your attorney. Your repair records, correspondence with the dealer or manufacturer, photos, videos, call logs – this will be vital information that your attorney can use to help prove your claim. The attorney may also bring in additional expert witness testimony and other data that can help demonstrate that your claim is valid.

How a Lemon Law Attorney Can Benefit You?

As we have seen throughout this discussion, there are too many variables in EV battery defect cases to leave anything to chance. To ensure the best opportunity to gain compensation, it’s important to rely on the experience and expertise of a lemon law attorney. Not only are these attorneys experienced with overall state lemon law requirements, they understand the specifics of how the laws apply to EVs and other new vehicle technologies. This understanding allows them to create strategies to hold the manufacturer accountable for a lemon law claim, or warranty breach.

Contact Allen Stewart, P.C. for Expert Lemon Law Representation

With the increasing adoption of EVs, lemon law and warranty breach claims involving EV batteries will continue to increase. As we’ve seen, myriad complexities can arise. The skill and experience of a lemon law attorney can help electric vehicle owners receive maximum compensation for their cars exhibiting a substantial defect.

Allen Stewart, P.C. is well-acquainted with the nuances of lemon law as it pertains to EVs, and we have won many such cases across the country. Our attorneys are well-known lemon law lawyers in New York, California and Texas. If you’re wondering if you need a lemon law attorney, our record of success can provide you with the best opportunity to succeed with your claim.

Please know that the vehicle manufacturer will protect its interests with its legal team. You need top lemon law attorneys to protect your rights. We encourage you to take advantage of our free case review. Share your evidence with our lawyers, and should your claim be valid, we’ll consult on how we’ll move forward to represent you, holding the manufacturer accountable.

Don’t wait. Time is of the essence with lemon law claims. Contact Allen Stewart, P.C. now (866-440-2460) and schedule your free consultation.