Why the electric range of PHEVs falls short of the brochure figures in everyday use and when this becomes a deficiency
Does your plug-in hybrid achieve significantly fewer kilometers on electric power than advertised? With part-time electric vehicles, the gap between test bench and real-world driving performance is particularly wide. Not every deviation constitutes a defect, but under certain conditions, you may have grounds for legal claims. This article explains what's important and which models are affected.
Why the electric range of PHEVs is often disappointing
A plug-in hybrid, or PHEV for short, combines a combustion engine with a rechargeable electric drive. The all-electric range is the key selling point, as it determines how often you can drive locally emission-free and cheaply. This is precisely where many models disappoint in everyday use.
A study by the Fraunhofer Institute ISI, using real-world data from around one million plug-in hybrids, shows that actual fuel consumption is often several times higher than the official figure. Conversely, this means that the electric range, and therefore the electric driving range, frequently falls far short of expectations in everyday use. We have published this study on our website. Plug-in hybrids put to the reality check classified.
The reasons are manifold: a cold or empty battery pack, high speed, payload, heating, and software that engages the combustion engine early. Charging behavior also plays a role, as those who rarely charge electrically predominantly drive using the combustion engine. A certain deviation from the WLTP value is therefore normal.
Is your plug-in hybrid falling far short of its advertised electric range? Have it checked to see if this is still normal or if it already indicates a defect.
WLTP vs. reality: the gap between the test bench and the road
The advertised electric range is derived from the WLTP procedure, a standardized test cycle on a chassis dynamometer. Special conditions apply to plug-in hybrids, which tend to result in a higher electric driving range. In practice, this ideal value is rarely achieved.
The legally decisive distinction is the same as with purely electric cars. That the electric range decreases in everyday driving in cold weather or at high speeds is to be expected and, in itself, does not constitute a defect. However, if the vehicle significantly misses the advertised WLTP value even under comparable test conditions, a material defect may exist.
The decisive factor is therefore the comparison under conditions close to WLTP, not a single everyday drive. We explain the exact principles regarding the standard of proof and the materiality threshold on our page about this. Reversal of an electric car purchase due to insufficient range.
Are you unsure whether your deviation is within the normal range? We will assess your case according to the correct standard.
When insufficient electric range is a defect
A material defect under § 434 of the German Civil Code (BGB) applies if the vehicle does not possess the characteristics that you could reasonably expect based on the manufacturer's specifications. These situations are particularly relevant for PHEVs.
- WLTP value significantly missed: If the vehicle clearly fails to achieve the advertised electric range even under comparable test conditions, a defect is likely.
- Agreed range guaranteed: If a specific electric range has been expressly agreed upon and is not met, a more binding agreement on the vehicle's characteristics exists.
- Technical defect: If the battery is not charging correctly or the software is switching on the combustion engine incorrectly too early, there may be a technical defect.
The ten percent line from the Federal Court of Justice's case law on increased fuel consumption in combustion engine vehicles serves as a guideline for determining significance. This can be applied to electric range. The comparison under suitable conditions always remains decisive.
Whether your deviation reaches the threshold depends on the individual case. We will check whether a defect exists.
Affected makes and models
The problem isn't limited to one manufacturer. Plug-in hybrids are offered by many major brands, and the gap between the advertised performance and real-world driving is evident across the entire range. Models from Volkswagen, Mercedes, BMW, Audi, and Toyota are frequently mentioned, among others.
For legal assessment purposes, however, the brand is irrelevant; what matters is the specific deviation of your vehicle from the advertised WLTP value. This argument is therefore generally applicable to PHEVs from various manufacturers. Whether it applies in a particular case depends on the measured deviation and the available evidence.
Precisely because many vehicles may be affected, an individual inspection is worthwhile instead of relying on general statements.
Do you drive a plug-in hybrid from one of these brands? We will review your specific case regardless of the manufacturer.
Your rights and how to prove the deviation
If a defect is confirmed, you are entitled to the tiered warranty rights under § 437 of the German Civil Code (BGB). Which course of action is appropriate depends on the extent of the defect.
- Subsequent fulfillment: You can demand rectification or replacement, for example, the correction of a software error.
- Reduction: In the case of a permanent but limited deviation, you can demand a partial refund of the purchase price.
- Resignation: In the event of a significant deviation, a return with a refund of the purchase price less a usage fee may be considered.
- Damages: Additional costs, such as for an expert opinion, can be claimed as reimbursement.
To prove the claim, the electric range must be measured under conditions close to WLTP, i.e., with a fully charged and pre-conditioned battery. Record your measurements over several complete charging cycles and keep the brochure, configurator, and purchase contract that state the advertised range. A professional expert's report usually provides the most conclusive proof.
Rogert & Ulbrich have extensive experience in proving deviations from manufacturer specifications in numerous vehicle-related legal proceedings. emissions scandal familiar and can be applied to range issues with plug-in hybrids.
The sooner your case is reviewed, the more options you have. Secure your claims while the deadlines are still open.
Deadlines and what you should do now
Claims for defects against the dealer for a new car typically expire two years after delivery. One advantage for consumers buying from a dealer is that, in the first year after delivery, it is presumed that any defect that is revealed was already present at the time of delivery. Therefore, don't wait too long.
- Document reach: Record how far you can travel on electric power alone over several charging cycles, and note the conditions.
- Secure manufacturer's specifications: Keep the brochure, configurator printout and purchase contract with the advertised electric range.
- Report a deficiency: Report the discrepancy to the dealer in writing before making any binding statements.
Do not accept any settlement offer or sign any waiver until your case has been reviewed.
Is your plug-in hybrid's electric range significantly shorter than promised? Have your claims reviewed 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 represented a large number of consumers and conducted vehicle-related litigation against manufacturers for many years in the emissions scandal. This experience in enforcement is now benefiting drivers of electric and hybrid vehicles.
We check whether your plug-in hybrid falls short of the advertised electric range, ensure accurate measurements are taken, and quantify your claims. We negotiate out of court with the dealer and manufacturer. If no satisfactory solution is reached, we enforce your rights in court, from repair and replacement to price reduction and damages.
Is your plug-in hybrid not delivering the promised electric range? Get in touch and secure your rights.
