Does California Lemon Law Apply to Electric Vehicles? Battery, Charging, and Software Issues

Electric vehicles are everywhere in California — and so are the EV defects. If your electric or hybrid vehicle keeps malfunctioning, you may be wondering if you have an electric lemon. The California Lemon Law fully covers electric and hybrid vehicles, including problems with batteries, charging systems, and vehicle software. EVs and hybrids sold or leased in California are protected while under the manufacturer’s warranty. The law does not treat EVs differently from gas-powered vehicles.


Common EV Defects That May Qualify

Battery Problems

Battery issues are among the most common EV lemon law claims, including:

  • Rapid loss of range
  • Failure to hold a charge
  • Battery overheating
  • Repeated battery replacements
  • Battery warning messages

Because the battery is essential to vehicle operation, these defects often meet lemon law requirements.


Charging System Failures

Charging problems can make an EV unreliable or unusable, such as:

  • Vehicle not charging at home or public stations
  • Charging interruptions or errors
  • Malfunctioning charging ports
  • Software preventing proper charging

Repeated charging failures may qualify as lemon law defects.


Software & Over-the-Air Update Issues

Software defects absolutely count under lemon law, including:

  • System crashes or frozen screens
  • Safety features malfunctioning
  • Vehicle failures after updates
  • Repeated updates that fail to fix the issue

Over-the-air updates often count as repair attempts when documented.


How Many Repairs Are Needed?

Just as with gas powered vehicles, an EV may qualify if:

  • The same problem is repaired multiple times without success
  • The vehicle is out of service 30 or more total days on a single visit
  • A serious safety issue is not fixed

There is no exact number of required repairs — each case is evaluated individually.


What Can You Recover in an EV Lemon Law Claim?

If your EV qualifies, you may be entitled to:

  • buy-back (refund)
  • replacement vehicle
  • cash settlement

Compensation often includes payments made, taxes, registration, rental and towing costs, minus a mileage offset.


Common EV Owner Mistakes

  • Relying only on software updates without service records
  • Not documenting charging failures
  • Waiting too long to report battery issues
  • Accepting “normal EV behavior” without written proof

Always request written repair orders, even for software problems.


Bottom Line

The California Lemon Law protects electric vehicle owners. Battery defects, charging failures, and software issues can all qualify — even when manufacturers downplay the problem.

If your EV keeps malfunctioning, you may have legal options. There are no upfront or out-of-pocket costs to you. Under the California Lemon Law, the manufacturer pays all attorney fees


Free EV Lemon Law Case Review

The attorneys at California Lemon Law Services offer free case reviews for EV and hybrid owners.

No upfront cost
Manufacturer pays attorney fees
Buy-back, replacement, or cash settlement