Who is liable if an Electric Vehicle (EV) catches fire in my parking?

EV fire liability depends entirely on the forensic root cause — typically identified by the State Fire Service, an independent EV/battery expert, and (for serious incidents) a committee under the MoRTH-AIS framework. The three usual sources of liability:

(1) Manufacturer (and seller) — for battery defects, BMS failures, design flaws, or non-compliance with safety standards. Liable under product liability provisions of the Consumer Protection Act, 2019;
(2) Charging infrastructure operator / RWA / building owner — for faulty wiring, non-compliant chargers, substandard installation. Liable under tort law and CEA Safety Regulations;
(3) Insurer — pays out under the motor own-damage policy if the EV-fire rider is included.

In practice, multiple parties may be jointly liable. Your priority is to establish the cause through a credible forensic investigation, then pursue the responsible party (or parties) and recover from the insurer if covered.

Three layers of investigation:

(1) State Fire Service Report — written within hours of the incident. Records the location of fire origin, observed cause (e.g., battery, charging cable, external ignition) and immediate findings. Obtain a certified copy;
(2) Independent EV/battery expert assessment — engage a qualified mechanical or electrical engineer with EV experience. Most insurers have empanelled investigators; you can also commission an independent expert at ₹25,000-₹1,00,000;
(3) MoRTH-AIS framework committee — for serious incidents (multiple fires of same model, fatalities), the Ministry of Road Transport and Highways constitutes an expert committee to investigate. Their report becomes the basis for recalls under Section 110A of the Motor Vehicles Act, 1988.

Preserve the burnt vehicle for at least 90 days — destroying the evidence prematurely kills your insurance/liability claim. Take 360° photographs and video of the scene immediately.

Battery defects are the most common cause of EV fires — and trigger the strongest legal claims. The manufacturer (and the seller) face liability under multiple frameworks:

(1) Product liability — Sections 82-87 of the Consumer Protection Act, 2019 — manufacturer, seller and (if separate) battery supplier are jointly liable for harm caused by a defective product. Strict liability — you don't need to prove negligence, just the defect and the harm;
(2) Mandatory safety standards — the AIS-156 (Phase II) Battery Safety Standard (notified under the Central Motor Vehicles Rules, 1989) mandates thermal runaway protection, BMS performance, cell-level testing. Non-compliance is itself a ground;
(3) Recall obligation under Section 110A MV Act — for systemic defects affecting multiple vehicles. Failure to recall attracts penalties up to ₹100 crore.

Claim path: file at the Consumer Commission for compensation, and report to MoRTH for regulatory action. See our consumer complaint guide.

If the forensic investigation points to a wiring, charger, or installation defect:

(1) RWA / property owner liability — if the charging point was installed by the housing society, RWA, or commercial building, they are liable for negligent installation under tort law. Particularly applies where installation wasn't done by a licensed contractor or didn't comply with the CEA (Measures relating to Safety and Electric Supply) Regulations, 2023;
(2) Charging Point Operator (CPO) liability — public charging stations (Tata Power EZ, Statiq, Charzer, Magenta) are commercial service providers and liable for deficiency of service under the Consumer Protection Act;
(3) Electrician/contractor liability — if you hired a private electrician for an unlicensed installation and that caused the fire, recourse is more limited but possible via civil suit for negligence.

Claim path: legal notice to the RWA/CPO, followed by Consumer Commission complaint or civil suit. For RWA disputes, also explore Cooperative Societies Tribunal.

Only with the right rider. Standard motor insurance treatment of EV fires:

(1) Third-party only cover — does NOT pay for damage to your own EV from fire;
(2) Standard comprehensive cover — pays for fire damage to the vehicle body, but battery exclusions are common in older policies;
(3) Comprehensive + EV/Battery rider — explicitly covers battery damage from fire, thermal runaway, water ingress. This is what you need.

Action items:
(1) Read your policy schedule — search for 'battery', 'lithium-ion', 'EV', 'thermal runaway' exclusions;
(2) If your existing policy excludes battery, switch at renewal to a policy with explicit EV cover — most leading insurers (Bajaj Allianz, ICICI Lombard, HDFC ERGO, Acko) now offer EV-specific riders for ₹2,000-₹8,000 extra per year;
(3) Notify your insurer within 24-48 hours of any incident;
(4) If the insurer denies a fire claim unfairly, escalate to the Insurance Ombudsman (free) or file a Consumer Commission complaint.