How to distinguish weather-related losses from a technical defect and refute the most common objection of the dealer.
The range of every electric car decreases in winter; this is normal and usually not a defect. However, the situation is different if the reduction is permanent or persists even in milder temperatures. This article explains how to distinguish between these two scenarios and when a closer look is warranted.
Why the range decreases in winter
There are several technical reasons why an electric car has a shorter range in cold weather. The most important is that, unlike a combustion engine vehicle, which generates waste heat while driving, an electric car has to actively heat its interior using energy from the drive battery. This energy is then no longer available for propulsion.
Furthermore, the battery itself has a comfortable operating temperature, roughly between 20 and 40 degrees Celsius. In cold weather, the conductivity in the cells decreases, the usable capacity temporarily drops, and the thermal management system heats the battery up even more. Winter tires with higher rolling resistance, the denser cold air, and weaker regenerative braking also contribute to increased energy consumption.
According to ADAC studies, the range loss in sub-zero temperatures is often around 20 to 30 percent. On short trips or in severe frost, it can be even higher. A heat pump and preheating at the charging point can noticeably mitigate this effect.
Is your electric car losing significantly more power in winter than these figures would suggest? Have it checked to see if the cold weather is still the cause or if there's already a defect.
Normal effect: when winter loss is not a deficiency
A weather-related loss of range is not legally considered a defect. It is to be expected and affects every electric car. Two characteristics are crucial: the loss only occurs in cold weather, and it disappears again as soon as temperatures rise.
As long as the range recovers in spring and reaches its usual levels in summer, everything points to a normal temperature effect. In this case, the dealer's frequent objection that it's simply due to winter is justified.
Those wishing to mitigate the effect can preheat the vehicle at the charging point so that the energy comes from the grid and not the battery, use an existing heat pump, and opt for seat heating instead of pure air heating. However, these measures do not change the legal assessment.
Does your range recover in the spring? Then everything is usually fine. If it remains low, you should take a closer look.
When the loss indicates a genuine shortage
It can no longer be considered a mere winter effect if the loss is persistent or significantly exceeds the usual level. Several indicators then point to a technical defect.
- Loss persists even at mild temperatures: If the vehicle does not achieve the advertised range even in spring and summer, it is not due to the cold.
- Loss far exceeding the usual amount: A loss significantly exceeding the typical 20 to 30 percent is conspicuous.
- Accelerated battery aging: If the battery loses capacity faster than would be expected given its age and usage, this could be a defect.
- Faulty thermal management: If the battery does not heat up properly or the heat pump does not work as intended, there may be a technical defect.
Unusually rapid battery aging is a topic in itself. We address when battery wear becomes a defect separately in our article on battery defects. For a general assessment of range deviations, please see our page on... Reversal of an electric car purchase due to insufficient range the right starting point.
Is your range still low even in mild weather? We'll check if there's a defect.
How to refute the dealer's winter objection
The objection that it's solely due to winter can be refuted with the right approach. The key is comparison under controlled conditions, not in freezing temperatures.
The legally decisive factor is the comparison with the advertised WLTP value, determined under near-WLTP conditions at moderate temperatures. If the vehicle significantly deviates from this value even under these conditions, the reference to cold temperatures is no longer valid. This is because the deviation then becomes apparent precisely under the conditions under which the manufacturer itself conducted its measurements.
A reliable assessment is provided by an expert report. An expert measures the range under standardized conditions, thus separating the weather-related component from a permanent deviation. Your own records from summer and winter are valuable preparation for this.
Is the retailer citing the weather as the reason for the delay? We'll ensure your range is measured under the correct conditions.
Your rights if a defect exists
If it turns out that more than just the cold is the cause, you are entitled to statutory warranty rights. Which course of action is advisable depends on the extent of the problem.
- Subsequent fulfillment: You can request rectification or replacement, for example, the repair of a faulty thermal management system.
- Reduction: They keep the vehicle and demand a partial refund of the purchase price.
- Resignation: In the event of a significant, permanent deviation, a return with a refund of the purchase price less a usage fee may be considered.
- Damages: Costs such as those for an expert opinion can be claimed as reimbursement.
The ten percent threshold established by the German Federal Court of Justice (BGH) serves as a guideline for determining the significance of a defect, measured under comparable conditions. An important advantage: When purchasing from a retailer as a consumer, it is presumed within the first year after delivery that any defect shown was already present at the time of delivery (§ 477 BGB).
Which claim is most suitable for you can only be determined on a case-by-case basis. We will assess your options.
What you should document about the seasons
Because the distinction between cold and a defect is crucial, it's worthwhile to document the situation over several seasons. This evidence is helpful.
- Summer and winter values: Record how far you can get in mild and cold temperatures.
- Note the conditions: Note the outside temperature, route profile and speed for each trip.
- Secure manufacturer's specifications: Keep the brochure, configurator printout and purchase contract with the advertised WLTP value.
Rogert & Ulbrich has handled the burden of proof in tens of thousands of legal proceedings concerning deviations from manufacturer specifications. emissions scandal develops and applies this experience to the range and battery issues of electric cars.
Do not draw hasty conclusions from a single cold drive before comparing the values across the seasons.
The sooner your case is reviewed, the clearer your options will be. Secure your claims while the deadlines are still open.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle defect law and has its own Automotive sector as well as a bundled page on Tesla defects. The law firm of Dr. Marco Rogert and Tobias Ulbrich has taken on over 40,000 mandates and filed more than 25,000 lawsuits in the emissions scandal.
We will determine whether your range loss is still due to weather conditions or already constitutes a defect, ensure accurate measurements are taken, and quantify your claims. We will negotiate with the retailer and manufacturer out of court. If no satisfactory solution can be reached, we will enforce your rights in court, from contract cancellation and price reduction to compensation for damages.
Is your electric car's range falling short of the advertised value even in mild weather? Get in touch and protect your rights.
