Electric vehicle faults may be different and varied, but what usually characterizes an electric vehicle fault is a problem with the vehicle's battery or a problem with the vehicle's electrical system.
In both cases, these are faults that are sometimes easy to diagnose and identify, but not necessarily easy, simple, or quick to fix. One reason for this is sometimes the unavailability of spare parts in Israel, or other solutions (such as version updates) from the manufacturer.
This creates a problematic situation for the customer – on the one hand, the customer has paid a significant amount of money for a new and sophisticated vehicle, and on the other hand, he encounters a problem that the manufacturer and importer in Israel are not always in a hurry to fix. Of course, the importer will not tell you that he is obligated to provide spare parts within 7 business days, and in many cases, car importers knowingly violate the law in order not to replace the vehicle or Cancel the new car deal.
בסופו של דבר הלקוח יגלה שהוא יאלץ להגיש תביעה בגין תקלות ברכב חשמלי שברשותו, מכיוון שהיבואן יעשה הכל כדי "למרוח" את הלקוח בהבטחות שווא או למשוך כמה שיותר זמן עד שהיבואן יספק פתרון כלשהו.
It is very important to use the services of Car Claims Lawyer In this case, previously managed Lawsuits against car importers And won them. These are complex lawsuits and car importers will do everything to avoid a ruling that would require them to cancel a new car deal or replace the car.
Electric vehicle malfunctions: battery problem
A battery failure in an electric vehicle is a significant failure because it may disable the vehicle completely or partially. For example, the battery may not charge at all, thus preventing any use of the vehicle.
מצד שני, הסוללה יכולה להיות פגומה באופן חלקי ולספק טווח נסיעה נמוך בצורה משמעותית מהיכולת המקסימאלית שלה. לדוגמה: במקום טווח נסיעה של 400 ק"מ ניתן לנסוע בין טעינה לטעינה רק 100 ק"מ.
In both cases, these are faults in the electric vehicle that effectively prevent its use, and the only solution is usually to replace the battery. This is where the problem begins for the customer. Usually, the importer does not keep a stock of replacement batteries for an electric vehicle, as this is a very expensive component, usually The car battery may cost close to one hundred thousand shekels, and sometimes even more than that.
מסיבה זו היבואן יאלץ להזמין את הסוללה מחו"ל. בשלב זה הלקוח עשוי לקבל תשובה שאין סוללה במלאי, ולא יודעים מתי הסוללה תגיע ארצה. בנסיבות אלה רכבו של הלקוח ישאר מושבת במוסך היבואן עד להגעת הסוללה, עניין שיכול להמשך בקלות מספר חודשים, ולעיתים אפילו פרק זמן ארוך יותר.
Our office handles a number of Lawsuits against various vehicle importers regarding electric vehicle malfunctions Which concern battery problems, and in those cases a replacement car battery arrived after several months or even more than six months.
In the best case scenario, the importer will provide the customer with a replacement vehicle. Most often, it will not be a vehicle of the same level, or even an electric vehicle, but a gasoline one, and during the entire period, the customer will have to pay out of pocket for fuel.
במקרה הפחות טוב, היבואן אפילו לא יספק ללקוח רכב חלופי, והלקוח יאלץ "לשבור את הראש" ולמצוא פתרון חלופי לבעיה.
In cases where the electric vehicle has a battery failure that requires replacement, and the importer cannot provide a replacement battery within a short period of time, the customer can demand the cancellation of the transaction or the replacement of the vehicle. The importer will of course refuse, and in these cases the customer must file a lawsuit in court as soon as possible, to increase the chances of success.
The longer the customer waits, the more time the importer has to replace the battery, in violation of the law. If the importer manages to replace the battery before issuing a cancellation notice or filing a lawsuit, this may significantly reduce the customer's chance of obtaining a cancellation remedy in court (but will not affect the customer's right to claim financial compensation).
Electric vehicle malfunctions: problem with the electrical system
Another common fault in an electric vehicle is a fault in the electrical system. In this case, the customer can charge the vehicle (meaning there is not necessarily a problem with the battery), but at some point the vehicle simply will not start.
In such a situation, the customer's only way to overcome the problem is to tow the vehicle to a garage, which will attempt to reset the vehicle's systems. The vehicle importer may claim to the customer that a version update is necessary, but it is not known exactly when the vehicle manufacturer will provide the new version.
In this case too, there may be no choice but to leave the vehicle in the garage for a period of several months, until the manufacturer provides a version update or other solution. In the meantime, the importer will not always provide a replacement vehicle, and if they do provide a replacement vehicle, it will certainly not be the same model, but a much inferior model.
Even in these cases, you need to act as soon as possible and file a claim for faults in an electric vehicle that the importer is unable to resolve. Our office has filed several claims of this type. Here is an example of one of them:
Court ruling regarding electric vehicle malfunctions
Lawsuits for electric vehicle malfunctions are no longer a rare sight in court, and examples of excellent rulings for vehicle owners can be found that explicitly state that electric vehicle malfunctions must be repaired quickly.
דוגמה לפסק דין שכזה ניתן למצוא במסגרת ת"א 62381-08-23 ציון אטיאס נ' צ'מפיון מוטורס בע"מ. באותו מקרה בית המשפט קבע, בין היתר, כך:
I believe that the vehicle, which is a luxury electric vehicle, entering the garage at the above frequency, and for extended periods while attempting to repair the alleged fault, indicates a fundamental defect at the heart of the vehicle, and it was expected that the defendant, as the importer of the vehicle, would act with reasonable diligence to repair the fault in a shorter time, while involving the manufacturer, especially since it is a large automobile corporation.
I am willing to assume that the entry of the electric vehicle into the Israeli market was then in its infancy, as was the defendant's exposure to the variety of malfunctions and the accumulation of the knowledge required to repair them. However, precisely because it is a large automobile manufacturer that markets a luxury vehicle in the electric market segment, it is expected to invest enormous efforts to work to repair the fault quickly and efficiently in order to provide the plaintiff with the experience he expected when he chose to purchase an electric vehicle.
In the case before me, it cannot be denied that the defendant made repeated attempts to resolve the problem, however,The aforementioned time period is too long in my opinion, and therefore, it constitutes an infringement on the plaintiff's enjoyment of the vehicle, that electric vehicle whose driving and use experience was supposed to be different.As an aside, even a review of the expert's opinion does not show how the problem was solved by the frequent visits of the expert to the garage.
It is also impossible to accept the claim that there was no malfunction at all, because how can one understand the vehicle being in the garage for extended periods, and how is it that after the expert's inspection, everything came back into place safely?
…
There is no doubt that a person who purchases a new vehicle, or one that is still within its warranty period, and certainly a luxurious and technologically advanced vehicle, expects to derive pleasure from the vehicle and avoid malfunctions.
It is difficult to overstate the importance of the charging system in an electric vehicle, as a malfunction in the charging system at the very least limits the vehicle's driving ability, and is accompanied by a sense of anxiety and insecurity for the vehicle owner, effectively turning the luxurious electric vehicle into an irreplaceable stone.
The electric vehicle brings to the forefront technological developments, which include a host of advantages, including - a quiet, economical and environmentally friendly ride.
In calculating the mental anguish caused to the plaintiff, the extent of the enjoyment that was deprived to the plaintiff must therefore be taken into account, in relation to the consideration he paid for the vehicle. In fact, it can be said that in light of the mental anguish caused to the plaintiff due to the lack of enjoyment from the vehicle, he did not receive adequate compensation for his money, especially when he was forced to spend extended periods in the garage in an attempt to repair the malfunction.
A person who purchases a car does not only pay for the car itself, that is, its production costs - but its value is also measured by the degree of enjoyment, well-being, and comfort it provides to its user.…
In light of the above, I believe that in these circumstances, which do not involve repairs to completely different components of the vehicle, But in the case of a defect in the electric charging that disables, or at the very least, limits the use of the vehicle, and this malfunction has recurred several times despite attempts to repair it, it seems that it should be determined that the plaintiff is entitled to compensation for the expenses incurred due to the deactivation of the vehicle as pecuniary damage subject to actual proof, and at the same time, given the fact that the vehicle that was made available to him, to the extent that it was made available, is a vehicle with a gasoline engine, then under the head of damage of mental anguish there is room for compensation for the loss of enjoyment of the electric vehicle with all its advantages.
In conclusion
Electric vehicle faults usually originate in the vehicle's battery or the vehicle's electrical system. In both cases, repairing the vehicle may take a long time (sometimes at least several months) because the vehicle importer in Israel usually does not keep a stock of vehicle batteries or because in order to fix the fault, a version update is required, which can only be provided by the vehicle manufacturer.
If, following a malfunction in an electric vehicle, the importer gives you an answer that there is no expected date for the battery to arrive in Israel, or that there is no expected date for receiving a version update from the manufacturer, or that the expectation is months from the date the vehicle is brought into the garage, the most appropriate thing for the customer is to notify in writing of the cancellation of the transaction and file a lawsuit with the court as soon as possible.
Claims against car importers are very complex claims. It is recommended to seek the services of A lawyer who deals with disputes with car importers And not with a lawyer who has never handled this type of lawsuit.
