DEAR SUZANNE
By Suzanne Henderson
LETTER 175 – From Disappointed
Dear Suzanne,
I have a 2021 Kia Sorento that I bought brand new, and I have to say that I’m highly disappointed in the manufacturer because of all these issues I have been dealing with. It is still fairly new for goodness sake! It has only 14,800 miles on it even after everything that’s happened.
To cap things off, the Kia dealership I purchased my car from is little to no help. In fact, the repair shop that has been fixing my car is different from where I purchased it. This is because my regular dealership said they couldn’t fit me and my car issues into their schedule. They asked if I was available to bring it in at a certain time, but the date was over a month away. My car is acting up, I need a fix NOW, and you’re saying I need to wait over a month?
The issues I’ve been experiencing began from seemingly minor problems that I originally reported to the dealership. At first, it was the headlight retaining water in its casing, then it was the oil consumption issue where I had to schedule oil change appointments twice in less than a month. I can’t help but feel like there’s another issue right around the corner.
Problem With The Acceleration
The issues eventually escalated to a more serious level involving the acceleration and transmission. Whenever I step on the gas and try accelerating, the car fails to respond and pulls back instead. When this first happened, the fact that I was able to get to the dealership was a miracle, because driving had become such a struggle as a result of the issue.
Transmission Issues
Last week, I had to take the car to the Kia repair shop because the check engine light came on – it was a transmission code. After only a few minutes they claimed they had fixed it and all was well. This was on a Tuesday night.
On Wednesday, the following morning, the light was back on and I had to return to the dealership. Ever since then, my car has been in and out of the repair shop. At this point, if you say I don’t have a car, you might be right because the car spends more time at the dealership than it does with me.
On Saturday they called me and said the whole transmission was broken and needed to be replaced. To do this, they said it would take at least two to three weeks before the part they needed arrived. Then they would need an additional week for them to put the car back together piece by piece. So in short, I would be without a car for a month.
Now, besides this transmission issue, there’s also been a problem with the stereo turning on and off for no reason. The dealership knows this already because I told them when it first started, but they said the repair for that was not due yet. They said when they’re done focusing on the transmission replacement, then they would focus on this, but I’m not satisfied with this response.
I Need A Rental Car
Furthermore, as a result of this pending transmission replacement, I’ve been stuck without a car. It seems like there’s no hope in sight, as it doesn’t look like I’m getting a loaner car from them, at least not for another week. According to them, there’s a waiting list for those that need loaner vehicles and it’s another week before it would be my turn. I wonder how there are so many complaints about Kia vehicles that there’s a long list for those waiting for a rental.
I guess the only good thing about this ordeal is that my job is close by. I don’t have to worry too much about how to get to and from my workplace. Besides that though, I don’t live very close to much, and I wouldn’t mind getting a rental as soon as possible.
If there’s any other way I can get a break from all of these issues, I would appreciate it. It’s becoming too much to handle.
Disappointed
Your 2021 Kia Sorento Has One Too Many Problems
Dear Disappointed,
What you’ve described with your car regarding the oil consumption issue and the others are very popular problems with Kia and even Hyundai vehicles. With your vehicle only at 15,000 miles, a transmission replacement at this point is quite outrageous.
It’s basically a brand new car and so should be relatively flawless. The issues with your vehicle is enough for your attorney to get started with your case immediately. With everything in question, there’s no doubt in my mind that they sold you a defective vehicle.
Things You Should Know About The Lemon Law
Every state in the US enforces the lemon law but California has one of the more consumer friendly lemon laws in the country. In general, the lemon law requires that when you buy a vehicle, the manufacturer guarantees that it’s not defective and provides recourse if it is. The issues could be anything as little as electrical problems or heavier issues like engine or transmission failure. If they are unable to fix it or neglect the issue altogether, then you become eligible for the lemon law.
In California, the law requires the law firm you hire to take your case without charging you for anything. This means that you don’t receive an invoice asking you to pay, because the manufacturers pay them on your behalf. This way, all the original settlement you win from your case goes into your pocket.
What You Get From The Lemon Law
There are different ways to get compensated for your car problems. It could either be in the form of the buyback offer or the cash and keep option.
The first option, called the buyback offer, is where you get to sell your car back to the automaker, Kia. With this option, you get back the money you had to spend on the car. This includes monthly payments, the down payment, taxes and interest. Also, if you had to take out a loan on your vehicle, Kia has to pay back the finance company.
However, with this repurchase offer, the law allows the carmakers to deduct from the amount you get as a settlement. This is known as the mileage offset. In simple terms, the mileage offset is where the manufacturers bill you for the time you drove the car before you reported any issues. They usually base this on how many miles you had driven the car before taking it for its first repair. This is why it’s best to take your car in as soon as you notice any slight issue.
Considering that you only have 15,000 miles, there’s only so much they can take as the mileage offset. Your first visit definitely happened early on and so, they can’t deduct much. Even if they could, your attorney can ask that the court waives this either in half or in full. The fact that you had your transmission replaced so early makes things even more in your favor. Your attorney can use that to request additional money as compensation.
There is also the cash and keep offer which is your second option. Here, the manufacturer gives you cash for all the issues you’ve had to deal with. You get to keep the vehicle and your warranty will not be voided or canceled. Also, if you later decide to sell the vehicle, you can do so without having to deem it a lemon to the next owner.
Since you purchased your car in California, which is a very consumer-friendly state, your attorney can take this case fully on contingency. This means that you will not be charged for anything whether it’s a win or a loss. All legal attorney fees are settled by the automakers and as such, the total settlement received goes over to you.
If you have any other questions, reach out to your attorney, and make sure to keep a thorough record of any future visits to the dealership. I hope you’re able to solve your lemon situation quickly and easily. Best of luck!
Suzanne
Featured Image: 2021 Kia Sorento ©Benespit (CC Attribution Share-Alike 4.0 license)
Free Legal Advice About Your 2021 Kia Sorento 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 CA Lemon Lawyer or how to file a claim in California, please write to help@lemonlawyers.org. 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 Law Attorney to get proper legal advice about your lemon law claim.
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