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90D time for fixes or lawsuits

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If the BMS is reporting lower range, it almost certainly is lower range. The OP could try and run it to near zero and charge above 93% to calibrate and force a rebalance but I haven't seen any reports in years on this forum where that really made a difference of more than 1%.

In my view, the OP's biggest claim is much slower charging speed. Basically all the marketing and advertising claims about long range travel convenience using the super chargers is no longer achievable in this state.
 
If the BMS is reporting lower range, it almost certainly is lower range. The OP could try and run it to near zero and charge above 93% to calibrate and force a rebalance but I haven't seen any reports in years on this forum where that really made a difference of more than 1%.

In my view, the OP's biggest claim is much slower charging speed. Basically all the marketing and advertising claims about long range travel convenience using the super chargers is no longer achievable in this state.

I don’t dispute what you say. It’s just that courts deal in damages, essentially how much money it takes to make the aggrieved party “whole”. In order to sue, one needs to assign a value to the damage one has suffered. So “much slower charging speed” doesn’t cut it, one needs to come up with a value of exactly what that has cost.

I do agree with you, though.
 
I don’t dispute what you say. It’s just that courts deal in damages, essentially how much money it takes to make the aggrieved party “whole”. In order to sue, one needs to assign a value to the damage one has suffered. So “much slower charging speed” doesn’t cut it, one needs to come up with a value of exactly what that has cost.

I do agree with you, though.

Why aren't the damages as easy as calculating the cost required to have the vehicle meet the advertised charging time? Most likely this would be the cost of a battery replacement.

Now if I litigated for that amount and won, I'd opt at that point to take the judgement and not get the battery replaced.

The OP can also sue for $10K in small claims. Not the amount required to make him whole, but it's a far simpler process and going that route wouldn't void the warranty on the current battery so Tesla would still have to replace it in the future if it failed.