Most people chose an EV for efficiency and reliability, not to put their family at risk. But when your EV suffers from dangerous, recurring defects — a seatbelt that won’t retract, a sudden door/handle latch malfunction, or a terrifying acceleration hesitation — you may have a lemon with serious safety impairments.
In California, the Song-Beverly Consumer Warranty Act is your defense against the auto giants. If a manufacturer cannot fix a vehicle after a reasonable number of repair attempts, or 30 days out of service, they must buy it back or replace it.
Alex and Maria: A California EV Lemon case
Alex and Maria were excited to get their new EV, and expected a modern, reliable driving experience. Instead, they found themselves stuck in a cycle of repairs and frustration, all within the first months.
The problems began immediately, creating a pattern of escalating defects.
Just weeks after delivery: Alex reported a persistent squeaking noise when driving and braking. Technicians identified a “structural flex” from the bottom well, but it was only temporarily fixed.
Less than one month later: The same squeaking noise returned along with a new buzzing sound from the monitor screen. The dealer’s repair attempt — lubricants and panel adjustments — failed to fix the issue.
Problems worsened: Next, the door handles and latches began malfunctioning. Despite Maria’s photo evidence, the dealer refused to perform a repair, ignoring a critical safety defect.
Soon after: Their EV developed acceleration issues, which a software update didn’t fix, and crooked window sealing.
Continued deterioration: Suspension noise and faulty seat belts forced yet another trip to the service bay.
Stories like Alex and Maria’s are becoming more common as EVs grow in popularity. If you’re facing repeated safety or performance issues, and a loss of confidence in your vehicle, you may qualify for relief. But how can you tell if your EV is a lemon? Let’s take a closer look.
Does your EV qualify as a lemon?
To qualify as a lemon in California, your EV must show a pattern of safety-related defects or performance issues the manufacturer cannot resolve within a reasonable time. This includes:
- multiple repair attempts for the same issue
- multiple visits in the first 18 months or 18,000 miles
- more than 30 days out of service for repairs
Manufacturers often argue that a defect is isolated or minor. But documentation helps establish a trend of recurrence, which can be used as evidence in your lemon law case.
- Repair orders & mileage logs
- Technician notes
- “Verified but not repaired” entries
- Evidence of temporary fixes that later failed
- Photos or videos
- Communication records like emails, letters, and call logs
- Receipts from rental cars, towing services, or ride shares
Documentation is required by law to prove your vehicle is a lemon. In any civil lawsuit, the burden of proof is on the consumer. This means the consumer must present sufficient, credible evidence to convince a judge or jury that their claim is more likely true than not (a “preponderance of the evidence”).
This makes it difficult for the manufacturer to argue:
- The problem did not exist.
- The problem was caused by misuse or neglect.
- They were not given a chance to fix the defect.
- The defect occurred outside of the warranty period.
Without evidence, your claim is a matter of your word against the manufacturer. But if your claim is successful, you’re entitled to compensation for the money and value you lost.
What a repurchase/replacement includes
When your EV qualifies under California’s lemon law, you’re entitled to a repurchase or a replacement. In a buyback, compensation is calculated using a restitution formula that deducts the purchase price minus mileage offset for vehicle use before the first repair attempt.
But if the manufacturer acted in bad faith, the courts may also award civil penalties for willful noncompliance, and incidental/consequential damages such as towing, rental cars, and other out-of-pocket costs, plus attorneys’ fees.
Do you have a lemon law case? Manufacturers will often delay, minimize, or deny your claim when you need closure the most. At Brennan Law, we help clients take back control. We’ll enforce your case timeline, coordinate return logistics, and push for full, fair compensation under California’s lemon law.
Schedule a free consultation today and find out what your case is worth.