DEAR SUZANNE
By Suzanne Henderson
LETTER 168 – From Hopeful
Dear Suzanne,
My 2021 Kia Sportage has got it out for me. For the past year and a half that I’ve owned this car, I’ve had to deal with the same three issues over and over again. I know the Sportage is not a prime example of the most efficient car model in existence, but I was expecting at least a shred of reliability. Sadly, my hopes regarding this were dashed not long after I got the car.
My car issues have turned me into a regular visitor at my Kia dealership, and I still have another visit scheduled. There are a couple issues I’ve been dealing with and they actually compound each other.
Losing Power For No Reason
First of all, about three months or so after getting it, I was forced to take the car to the repair shop after it died in the middle of the road for no reason. There was no warning or anything to hint that I was about to lose power. All that happened was a sharp jerk before the engine just shut off.
So I took it to the dealership for repairs. They said something about a sensor being faulty and needing replacement. They replaced it and things were good for a little while.
However, the next week, the exact same thing happened when I was driving on the freeway. The car stopped in the middle of the road, but this time the engine light on the dashboard came on right before the car died.
I called a tow company to help me get my car to the dealership yet again, which they did. On getting there, I explained what happened to them, but they said they couldn’t replicate the issue. They added that since they fixed the sensor the last time, there’s probably nothing wrong with the car and maybe I just wasn’t driving it well. What do you mean I’m not driving it well? Do they think this is the first car I’ve driven?
In the end I let it slide, but I was losing faith that this was a respectable dealership. This is when they started playing games and this brings us to the second issue I’ve been dealing with.
I had noticed there was something off about the car, but I only recently confirmed it. I noticed that whenever it rained or I took my car for a wash, water was ending up inside. I always wondered how this could be, considering I roll up all the windows before it rains or before I wash it. Sometimes when this happens I find the interior of the car soaking wet, and it’s beginning to take a toll on the electrical components. My only conclusion was that water was leaking in one way or the other, but I couldn’t find where.
Dealership Demanding Payments
So I took it to the dealership again, but they said they had no solution to offer me. I had to take it to another Kia dealer where they attended to me but only after asking me to pay about $600 for repairs. What exactly they repaired or what part is leaky I still don’t know, I only know that the leakage stopped for a while. But recently, it has started up again.
As is the leakage problem, the issue of the engine dying off is back, and this time on another level. I think water leaking into the car doesn’t help matters as it may be affecting the electrical wiring. So now it’s a combination of two issues that need fixing.
My hope is that they are able to do something about it and if not, I’d like to weigh my options with respect to the lemon law.
Hopeful
Leave your 2021 Kia Sportage In The Rain
Dear Hopeful,
Vehicles like yours are usually defective in more ways than one, and it is up to you to decide if and when you want to leave it in the past and move on. This is why the lemon law is so handy, because people like you don’t have to be stuck with a frustrating and defective vehicle.
That said, it sure sounds like you qualify for lemon law, especially if the dealership has still been unable to provide a permanent fix for these issues. So long as they are documenting each visit you made to them, you are good to go.
Lemon Law Qualification
The way to qualify for the lemon law in California is by having at least two visits to the dealership for the same issue with your car. If you have three or more repairs done on your vehicle for different problems, then you qualify as well. In addition, if you have had your car at the repair shop for more than a month, then you automatically qualify no matter the number of visits. Each of these visits or repair attempts must have occurred while the vehicle is still under the manufacturer’s warranty.
Now, since you purchased your vehicle in California, submitting a lemon law claim in the state is completely free. This is because California is fairly consumer friendly and lemon law cases are taken on full contingency. You, the consumer, are not required to pay off the attorney as this responsibility lies on the side of the manufacturers who sold you a defective vehicle. Thus, the original settlement amount won goes over to you in full.
Lemon law cases are usually between six to nine months depending on how fast the manufacturers want to resolve the case. Sometimes, some cases take so long to get resolved because of the back and forth between the manufacturers and lawyers. If the automakers wish to settle things as soon as possible, then it doesn’t take long at all. If you have a rock solid case, you can expect a quicker resolution.
Now, regarding the lemon law, your attorney is submitting a case against the manufacturers. This is because it is the manufacturers who are at fault for selling you a defective vehicle. If you win your claim, you will usually chose one of two options. They include:
The Buyback
The buyback is in simple terms a case where the automakers buy the vehicle back from you. They pay you back everything that you have spent on the vehicle throughout your ownership. This payoff would usually include your down payment, monthly payments, as well as taxes and interest. Also, if you took out a loan on the car, they would pay that off to the finance company as well so it doesn’t affect your credit.
What the manufacturers might try to fight you on is the mileage offset. The mileage offset is a deduction from the settlement for the number of miles you drove the car without any issues. This is usually based on the mileage you were at when you first took your car in for repairs.
So for your vehicle that didn’t have many miles at that time, there isn’t much they can deduct, so there’s no reason to worry about this. Even if they try to, your attorney can get them to waive this in half or in full.
The Cash And Keep
Let’s say you still wish to keep the vehicle. Well then, the cash and keep is for you. This option simply means that the automakers would give you some money as compensation for the troubles you’ve faced while you still keep the car. In cases like this, your warranty remains valid and won’t be voided or canceled. Also, if you later wish to sell your car down the line, you can do so without deeming it a lemon to the next owner.
This is a way of the manufacturers saying they are sorry for selling you a defective vehicle. Sort of like “keep the warranty, here’s a clean title on the car, and don’t sue us anymore for the issues you were experiencing”. Because of this, this option is sometimes known as hush money.
The cash compensation you stand to receive may vary depending on certain factors. These factors are the type of issues you may have, the severity of those issues, and how long the vehicle has been at the dealership.
Now that you know about your options, it is up to you to make a decision. The decision you make determines what offer your attorney will pursue on your behalf. Also, if you experience more issues with your car that need repairs, do not hesitate to take your car in. The more repair attempts you have, the more evidence of your car’s defects, and the more money in your pocket.
If you have any more questions, consult your attorney as they’re the most equipped to guide you through a successful lemon claim. I hope you’re able to get into a reliable, and dry, vehicle soon! Best of luck!
Suzanne
Featured Image: 2021 Kia Sportage ©Alexander Migl (CC Attribution Share-Alike 4.0 license)
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Free Legal Advice About Your 2021 Kia Sportage Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about California Lemon Lawyer or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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