By Patrea R. Bullock, Esq. | The California Lemon Law Expert | Published: August 3, 2026 | Last updated: August 3, 2026
Quick Answer: An electric vehicle that loses power or shuts down while driving is a serious safety defect that may support a California lemon law claim under the Song-Beverly Consumer Warranty Act — and safety-related defects may require fewer repair attempts than minor problems before a vehicle qualifies as a lemon. In one California case, a 2020 Jaguar I-PACE died while in motion after displaying a reduced brake-pedal warning; both the main and auxiliary batteries failed load testing and were replaced, and the owner’s lemon law claim was resolved through settlement.
Key Takeaways
- Loss of propulsion in traffic implicates safety — one of the three impairment categories (use, value, safety) under California lemon law.
- A serious safety defect may require fewer repair opportunities than a minor inconvenience before the vehicle qualifies.
- In this case, low-voltage fault codes led to replacement of both batteries, a battery-management-system reset, and a body-control-module reset.
- Even if the EV restarts, present it for repair and make the repair order say the vehicle lost power while moving.
An electric vehicle that loses power while being driven creates a serious safety risk. The driver may be unable to accelerate, maintain speed, cross an intersection, merge into traffic, or move away from danger. Even if the vehicle later restarts, the owner may reasonably fear that the failure will happen again.
A California lemon law case involving a 2020 Jaguar I-PACE included a complaint that the vehicle died while in motion and displayed multiple dashboard faults. The case later settled.
A Jaguar I-PACE Reportedly Died While Moving
The repair order states that the vehicle died while in motion and displayed multiple faults. A reduced brake-pedal message had reportedly appeared before the incident.
The dealership found numerous low-voltage fault codes. Both the main and auxiliary batteries failed load testing. The dealership replaced both batteries, reset the battery-management system, and performed a body-control-module reset.
Why Low-Voltage Battery Failure Can Shut Down an EV
Electric vehicles usually contain both a high-voltage propulsion battery and a separate low-voltage electrical system. The low-voltage system may support:
- Control modules
- Computers
- Relays
- Displays
- Sensors
- Cameras
- Door systems
- Warning systems
- Communication between major vehicle components
A low-voltage failure may cause multiple error messages or prevent vehicle systems from communicating correctly.
Loss of Power Is Often an Intermittent Defect
A vehicle may operate normally by the time it reaches the dealership. That does not make the prior failure insignificant. Loss of propulsion may occur only when:
- The battery reaches a certain charge
- The vehicle has been driven for a specific period
- The weather is unusually hot or cold
- A module loses communication
- The vehicle is restarted
- Several electrical loads are active
- The vehicle has been parked for an extended period
Owners should still present the vehicle for repair even if it restarts.
What to Do After an Electric Vehicle Loses Power
Protect your safety first. When possible:
- Move out of traffic.
- Activate hazard lights.
- Photograph all dashboard warnings.
- Record the mileage.
- Note the battery charge level.
- Write down the driving conditions.
- Contact roadside assistance if the vehicle is unsafe to drive.
- Ask the dealership to document that the vehicle lost propulsion while moving.
Do not let the repair order describe the event only as “check warning light” if the vehicle actually stopped or lost power in traffic.
How Many Repair Attempts Are Reasonable for a Safety Defect?
California lemon law does not require the same number of repair attempts in every case. A serious safety-related condition may require fewer opportunities than a minor inconvenience. The analysis depends on the severity, frequency, repair history, and whether the defect continues.
Relevant circumstances may include:
- Loss of propulsion at highway speed
- Failure in an intersection
- Brake or steering warnings
- Inability to restart
- Towing
- Repeated battery replacement
- Recurrent electrical fault codes
- The manufacturer’s inability to identify the cause
California’s statutory presumption (Cal. Civ. Code § 1793.22) recognizes this distinction: within the first 18 months of delivery or 18,000 miles (whichever comes first), as few as two repair attempts may trigger the presumption for a defect likely to cause death or serious bodily injury, provided the buyer gave any direct notice to the manufacturer that the warranty materials require. Learn more about the CA Lemon Law Presumption.
What if the Dealership Replaces the Battery?
A battery replacement may be a repair attempt, but the important question is whether the vehicle remains repaired. If the vehicle later displays similar warnings, shuts down again, or develops related electrical problems, return it promptly and identify the prior battery replacement.
A temporary improvement does not necessarily establish a permanent repair.
Can an EV Loss-of-Power Case Qualify Under California Lemon Law?
Potentially, yes. A vehicle may qualify when a warranty-covered defect substantially impairs its use, value, or safety and the manufacturer cannot repair it within a reasonable number of opportunities.
A loss-of-power claim may become stronger when supported by:
- Detailed repair orders
- Diagnostic fault codes
- Failed battery tests
- Battery or module replacement
- Towing records
- Videos or photographs
- Repeated related electrical failures
Frequently Asked Questions
My EV shut down while driving but works now. Do I still have a lemon law claim?
Possibly. Intermittent loss of propulsion is still a serious safety complaint. Present the vehicle for warranty repair, photograph the warnings, and make sure the repair order states the vehicle lost power while in motion — not just “check warning light.”
How many repair attempts are needed for a safety defect in California?
There is no universal number, but serious safety defects may require fewer attempts. Under California’s statutory presumption, as few as two attempts within the first 18 months of delivery or 18,000 miles (whichever comes first) may apply to a defect likely to cause death or serious bodily injury, together with any direct manufacturer notice the warranty materials require.
Does a battery replacement fix the problem for lemon law purposes?
Only if the vehicle stays fixed. If similar warnings or shutdowns return after a battery replacement, the recurrence — documented on a new repair order that references the earlier replacement — may strengthen the claim.
A note on deadlines: California lemon law claims are subject to filing deadlines. Procedural changes that took effect in 2025 (AB 1755 and SB 26) added pre-suit notice requirements and filing windows — generally one year after the express warranty expires and no more than six years after original delivery — for manufacturers that opted into the new process. Whether those rules apply to your claim depends on your manufacturer’s election, so acting promptly is the safest course.
Disclaimer: Prior results do not guarantee a similar outcome. Every California lemon law claim depends on its own facts, repair history, and warranty coverage.
Contact The California Lemon Law Expert to request a free California lemon law case evaluation for an EV that lost power while driving.
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