Michigan Man Sues Toyota Over Plug-In Hybrid Range

How far should a plug-in hybrid be able to travel on all electric power? One man is suing Toyota over its claims that the 2012 Prius was good for 13 miles of all-electric driving, claiming the actual numbers fell far short.


In-town commuters who choose a plug-in hybrid often rely on the vehicles’ all-electric features to get to and from work. They carefully calculate their daily mileage and do what they can to avoid buying gasoline at all.

So when one man’s 2012 Toyota Prius Plug-in fell far short of the promised 13 mile range, it caused big problems. Richard Rosenbaum has sued the company, claiming his vehicle only managed a meager 8 mile range, even after a full night’s charge. Sometimes, that number plunged to 3.

Rosenbaum brought the vehicle back to the dealer in May 2015 to address the problem. He says the dealer conducted a test, and afterward the car’s performance increased to 10 miles on a charge. He believes Toyota did something to the vehicle to boost performance. The dealer denies it.

But it isn’t just a matter of miles. Rosenbaum also says that Toyota misled consumers by failing to disclose that the vehicle uses the gas engine to heat the engine any time the temperature drops below 55 degrees. As a Michigan resident, that meant most of the year Rosenbaum’s car was anything but gas-free.

Battery life has been a big challenge for all-electric vehicle manufacturers. Living up to their own representations seems to be a problem. Earlier this year, another plaintiff sued Volvo after his XC90 T8, a car that sells for $72,000, based on an advertised 25 mile electric-only range. In reality, the SUV only got about 10 miles on a full charge, leaving Xavier Laurens paying far more for gas than he expected.

When auto makers make representations about the performance of their vehicles, consumers rely on them. So when the vehicles drastically under-perform it can substantially interfere with their budgets and their lives. Federal and Michigan consumer protection laws hold auto manufacturers accountable. When they fall short, consumers can get damages based on their reliance on the claims, as well as costs and attorney fees.

Dani K. Liblang is a consumer protection attorney for The Liblang Law Firm, PC, in Birmingham, Michigan. She will fight to hold auto manufacturers accountable whenever they fall short on their promises. If your car is not living up to expectations, contact The Liblang Law Firm, PC, for a free consultation.