DEAR SUZANNE
By Suzanne Henderson
LETTER 102 – March 2023 | Accident Woman
Dear Suzanne,
I’m sure you would be shocked to find out that my Kia Sportage is a 2023 model because why would such a recently built car have complaints already? But this is the situation with my car which I purchased brand new.
The problems began less than two weeks after I got the car. It all began with the camera screen that would suddenly blank off at random intervals. When I reported this issue to the Kia dealership, they told me to first book an appointment before bringing my car in and I did just that.
The appointed day came and I took it in only to hear them ask if I was bringing my car for an oil change. I was vexed because I specifically told them the reason why I was bringing the car so what was this ridiculous question? They said since it was not for an oil change as they thought, then I would have to book another appointment and come on a different day when they were available so I left with my car.
Now, between this visit and the new appointment, another issue came up with the car’s collision avoidance system. The problem was that whenever this system is turned on, even if the road is completely void of vehicles, it would clock the road as occupied and thus, try to avoid a ‘collision’.
Oftentimes, as a result, the car would suddenly veer to the side whenever the avoidance system ‘detected’ an obstacle. This occurred one too many times and eventually, caused a minor accident that could otherwise have been avoided.
I was driving on a freeway when suddenly the alarm began to beep, warning me of an oncoming vehicle although there was none. From what I could see, no obstacle was imminent but the alarm kept sounding and so I ignored it until the car suddenly jerked to the right and hit a road stand.
As a result of this accident, the side of my car got slightly dented but fortunately, that was the only effect. I was just grateful that no one was by the side of the road because the result might have been worse than it was.
Fast forward to the 9th of February when I returned to the dealership for repairs. I reported both the camera problem as well as this most recent issue with the collision avoidance system. They checked for any faults and discovered that the issue was with some loose cables at the back of the car. They then proceeded to repair the vehicle or so they claimed.
But then, about a week after, I had to take my car back because the avoidance system was still malfunctioning even though they claimed to have fixed it. This time, they said they would re-diagnose the car but to do that, they needed my permission to drive it around for a while to figure out the problem. But since the time I granted this request, I haven’t heard anything back from them and Friday would make it two weeks since I took my car in.
Since I did not hear anything from them, I decided to monitor the progress on the car app on my phone. It was then I realized that these people were not driving the car around as they claimed. Rather, the car was dead at the shop with no gas or power in it, all of which was there when I dropped it with them. This made me realize that my car wasn’t getting fixed anytime soon.
Moreover, I kept calling them for updates regarding my car’s repairs but with no response. It wasn’t until this morning that they finally told me that they couldn’t resolve the issues and they would have to return the car to me. One of the attendants at the dealership even had the nerve to tell me that it was only the electrical system that was faulty and it does not really affect the car. If I wanted a flawed vehicle, wouldn’t I have just gone to the streets to get one instead of paying $56,000?!
Accident Woman
Your Car Is Too ‘Young’ To Be This Defective
Dear Accident Woman,
First things first, you are eligible for a lemon law case because you already have the minimum required number of visits to the dealership for the same issues within your warranty. The thing about lemon law is that to qualify, you need at least two repair orders for the same issue or three repair orders for different problems, all within your warranty.
This is the basic description in the state of California that proves that you own a lemon and like I said initially, you already meet this criterion. Also, if your car has been at the dealership for repairs for more than a month, you are eligible.
Now, basically, when you file a lemon law case, you’re submitting a lawsuit against the manufacturers because they are the ones responsible for selling you a lemon vehicle. So far, in just three months, you have two visits so you definitely do qualify.
When submitting a lemon law case, your attorney can help you with any of three options depending on the one of your choosing. The first is the buyback offer which involves the manufacturers buying back the vehicle from you and they pay you back whatever amount you have spent on the car.
It involves your down payment, monthly payments, taxes, and interests. It also accommodates any loan taken on the car which would be paid off by the automakers to the finance company so it won’t affect your credit negatively.
The only pushback the automakers have free access to is the mileage offset. This implies the miles you drove the vehicle without any issues but it should not be a problem. Although you are unable to remember your mileage, it can’t be much considering you recently purchased the vehicle and so there isn’t much to worry about.
However, your attorney would fight off this mileage offset to ensure the automakers do not keep anything while also trying to get additional compensation for selling you a defective vehicle. This means that not only would you be getting what you paid for the vehicle, but you would also be getting additional money for the inconveniences you endured.
Additional details on the Kia buyback process, how it operates, qualification standards, models included, persistent vehicle defects reported, and Lemon Law case examples.
The second option is the cash and keep where you do not discard the vehicle. Rather, the automakers tell you not to go on to sue them and so they give you cash compensation based on the number of times you’ve taken it in, the issues the car has had, and how long it stayed at the dealership. Here, you are keeping the vehicle and its warranty, and if you decide to sell the car in the future, you can do so without deeming it a lemon to the next owner.
Your third option is trading your car for another one with the same miles and the same value as yours. However, it is not so recommendable because you are getting a used vehicle and you run the risk of getting another lemon vehicle.
Now, because you purchased your car in California, submitting a lemon law case is completely free for you. Your attorney will get paid by the manufacturers, meaning Honda Motors will be paying off your attorney.
Furthermore, since the process for all this takes up to 6 to 9 months, if any more problems come up, you can take your car to the dealership for repairs. This is because the more visits you have, the more proof of the vehicle’s defect, and the more money in your pocket. It also gives you ample time to discover how defective your car is and also helps you to decide on the option you are interested in.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2023 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
Related Articles:
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- Eight Things You Need To Know About California Lemon Law
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2023 Kia Sportage ©Elise240SX (CC BY-SA 4.0 License)
