Tesla Motors have filed a lawsuit against the Top gear show from the BBC over allegations the show faked a race scene that showed the Tesla Roadster running out of electricity and grinding to a halt.

The show was broadcasted in 2008 and started a row between the two companies which has led to the lawsuit. The documents regarding the lawsuit were filed in court on behalf of Tesla on Tuesday by Carter-Ruck, a law firm specialized in libel law. According to the lawsuit, the scene was still being broadcasted worldwide and also being distributed through DVD. The law firm expects to receive not more than £100,000 from the BBC.

During the show in 2008, a scene featured a race between the Lotus Elise and the Tesla Roadster. The scene showed the Roadster having to stop and recharge its batteries. But the company says the scene was “faked” as the Roadster never ran out of electricity.

According to the Tesla, after receiving the two Roadsters that were used on the show, a check on them showed the battery had not lost more than 20% of their charge.

Tesla are suing the Top Gear program for Libel and malicious falsehood. The company says the show falsely showed the range of the Roadster to be 55 miles when the true range was 211 miles. It also said the the show falsely claimed the second Roadster loaned to the show was broken.

A statement from Tesla said the company wants Top Gear to distributing the said episode and set the records straight. It said the program has however ignored their repeated requests to stop distributing the show.

A statement from Top Gear makers, BBC, confirmed the lawsuit and said the company stands by what was represented on the program and will vigorously defend the claim.

Tesla has sold 1,500 Roadsters since 2008. Analysts expect 2011 to be a very good year for electric cars as they are now eligible for a £5,000 government grant.