Electric Car Lithium – Lon Batteries and Your Right to Compensation

The world is aggressively moving toward sustainability and combating climate change, which is why electric vehicles (EVs) have been introduced to the market. In 2023, EV sales in America hit 1.2 million, and this number continues to grow. However, this shift also comes with certain risks. The main question is: What are your rights to compensation if something goes wrong?

We often rely on attorneys and only communicate with them when necessary. But do you truly understand what is covered under your EV battery warranty? While EVs function similarly to conventional fuel vehicles, there are key differences that can impact the driver’s experience.

This short but insightful article will help you understand what lithium-ion batteries are and your rights to compensation.

What Are Lithium-Ion Batteries?

Lithium-ion batteries are rechargeable batteries commonly used in laptops, phones, and power tools, and they are now a key component of electric vehicles. Their characteristics include a high power-to-weight ratio, good performance at high temperatures, low self-discharge, longevity, and high efficiency. Importantly, they are recyclable.

However, lithium-ion batteries are prone to overheating, which can cause fires. This can occur due to incorrect charging, exposure to water or moisture, or electrolyte leaks. Under the law, the vehicle manufacturer is liable for issues related to the lithium-ion battery in EVs. Repairs or replacements should not exceed 30 days from the time the vehicle is initially presented for repair under warranty.

What Is Covered Under Warranty?

Let’s understand what is covered under the warranty, which makes you eligible to claim compensation or replacement.

The warranty typically covers both duration and mileage. In California, the warranty for lithium-ion batteries is generally 10 years or 150,000 miles, whichever comes first. The purpose of the warranty is to cover damages or offer replacements if issues arise due to manufacturing defects. Some manufacturers offer a warranty of 8 years or 150,000 miles.

If the battery stops working due to manufacturing defects, you may be eligible for a replacement. Covered issues include:

• Complete loss of battery function.
• Production errors.
• Capacity degradation (e.g., below 70% capacity).
• Inability to charge.

According to the California Bureau of Automotive Repair (BAR), if a person faces significant challenges with their EV battery and attempts to repair it through a local mechanic, they may still file a claim—provided the defect was not caused by the repair attempt itself.

What Is Not Covered Under Warranty?

The following situations are typically not covered under warranty:

• Damage caused intentionally or unintentionally by the owner.
• Damage caused by natural disasters.
• Failure due to improper maintenance, even if guidelines were provided by the manufacturer.
• Using the battery for stationary power outside its intended purpose.
• Exceeding the EV’s load limit.
• Car vandalism, improper storage, accident damage, or damage from non-standard charging.

Notable Instance: In 2020, Tesla owners reported capacity degradation issues in their EVs. One owner drove nearly 317,000 miles, and the battery’s capacity dropped to 40%, rapidly declining. Tesla replaced the battery at no cost because the vehicle was under warranty. While Tesla does not typically accept claims that extend the warranty, the owner’s persistent issues led to a resolution.

Liability Under Lithium-Ion Battery EV: Under California’s consumer protection laws, manufacturers, retailers, and distributors are accountable for defects and issues caused by EV batteries. If the issues stem from manufacturing defects, these parties are responsible for the consequences. Key points for EV purchasers to keep in mind include:

1. Product Liability: The manufacturer is responsible if battery issues result in safety concerns or financial loss. If the defect cannot be resolved within 30 days, the manufacturer must replace the vehicle.
2. Coverage: If the battery fails to function properly despite following the manufacturer’s guidelines, you can file a claim.
3. Recalls: If a defect is identified under warranty and is not caused by the owner, the manufacturer may issue a recall for repairs.

Your Rights to Compensation

If you experience issues with your EV battery, you may be entitled to compensation for:

• Lost Wages: If an injury prevents you from working, the responsible party may cover your lost income.
• Medical Expenses: This includes surgeries, medications, therapy, and other related costs.
• Property Loss: If the battery issue damages your vehicle, you may receive compensation or a replacement.
• Emotional Suffering: Purchasing a vehicle is a significant investment, and manufacturer negligence can cause emotional distress, which may also be compensable.

Steps to Claim Compensation

To secure compensation, follow these steps:

1. Check Warranty Coverage: Ensure the warranty covers the specific battery issue. Note that car warranties and battery warranties may differ.
2. Contact the Manufacturer: Report the issue to the manufacturer. If they fail to resolve it, consult an attorney. Under California law, if the manufacturer cannot repair or replace the battery after reasonable attempts, you can file a claim.
3. Inform Your Insurance Company: After consulting your attorney, notify your insurance company and submit any required documents.
4. Document Everything: Keep detailed records of the issues, repairs, replacements, and communications with the manufacturer, retailer, or distributor. Evidence such as photos, videos, expert testimony, and receipts will strengthen your case.

Tips to Maximize the Life of Your EV’s Lithium-Ion Battery

While warranty coverage is essential, taking care of your EV battery can extend its lifespan:

• Avoid Complete Drainage: Repeatedly draining the battery to 0% can shorten its lifespan. Charge the battery between 20% and 70% to reduce stress on the cells.
• Keep Software Updated: Ensure your EV’s software is up to date, as this can optimize battery performance and ensure compliance with warranty terms.
• Follow the Owner’s Manual: Always refer to the manufacturer’s guidelines to avoid unintended consequences.

Secure Your Rights with SunsetWest Legal Group

As EVs become increasingly popular, understanding your rights is crucial when dealing with battery-related issues. Having an expert by your side can make a significant difference.

SunsetWest Legal Group has experienced attorneys who understand the complexities of EV battery cases. They can help you navigate the details, conduct thorough investigations, gather evidence, negotiate with insurance companies, and stand by you throughout the legal process.

If you’re looking for an experienced attorney to protect your rights and secure your claim, SunsetWest Legal Group is here to help.