DEAR SUZANNE
By Suzanne Henderson
LETTER 130 – August 2023 | Burned
Dear Suzanne,
I never thought an issue as ‘minor’ as an oil leak could lead to something so catastrophic. Unfortunately I found out with my 2019 Hyundai Sonata. With 77,000 miles on it, it’s not new, but neither is this issue. The service guy at the Hyundai dealership said this is pretty common for this make and model.
It all began when the engine started acting funny. The dealership explained that oil would seep out and enter into the combustion chamber, causing the issues. I wouldn’t necessarily call it a leak since you can’t actually see the oil dripping out. But my car sure can feel it. At first it seemed like a simple problem that would be fixed and I’d be on my way. But after several visits with no significant improvement, I think it’s time to explore other options.
A Leaky Engine
I first visited the dealership when the engine started shutting off at odd times. I thought it was a problem with the engine but when they checked, they said it was the oil leak that was to blame. They replaced a piston or something and explained it wasn’t covered, even though I thought I was still within the original warranty. I figured they know the warranty better than I do and left slightly annoyed.
Even worse, my Hyundai was still randomly shutting off. A couple days later I was headed to a friend’s birthday party when the car started acting up again. I didn’t put much thought into it considering I just had the piston changed. I thought maybe the car was just getting used to the replacement part.
Where There’s Smoke There’s Fire
A few seconds later I noticed smoke coming out from the hood. I tried popping the hood but it was so hot that I couldn’t open it with my bare hands. I used a cloth but still managed to burn myself.
After forcing it open I could see a small fire behind the smoke. Fortunately another driver stopped to help, but the fire was so stubborn that we exhausted one fire extinguisher and half of another. If not for that good samaritan, I don’t know what would have happened.
When we finally put out the fire, I called a tow company to come take my car to the dealership. I didn’t have to explain much as they could see the state of my little Sonata. One guy said that if the fire had gone on much longer, the vehicle could have exploded.
They inspected the car once again and said besides a couple hoses I would need to replace the piston again. And once again, I would be charged for this. I was still too shocked to argue with them so I agreed.
Now, I’m just looking to get as far away from this car as I can. It’s already burned me once. Hopefully you have some advice for me so I can finally leave this car at the dealership FOR GOOD!
Burned
Your 2019 Hyundai Sonata Is Too Hot To Handle
Dear Burned,
Let me begin by saying I’m sorry to hear about everything you went through with this vehicle. I’m glad someone stopped to help with the fire and nothing worse happened. I don’t blame you for wanting out of your Sonata, so hopefully I can provide some information that will help you decide where to go from here.
Qualifications For A Lemon Law Case
In California you need at least 2 visits to the dealership for the same repair to qualify for lemon law. Three visits for different problems can also qualify, as can one visit that lasts 30 days or longer. As long as these trips to the dealership service center occurred during the warranty period, you can proceed with your case.
Although your mileage is quite high, you are still within the manufacturer’s warranty. The warranty is split into two terms of coverage. The first is the basic warranty which covers everything bumper-to-bumper including brakes, power steering, and electrical issues. It lasts for 5 years or 60,000 miles depending on which comes first. The powertrain warranty covers engine and transmission issues and lasts for 10 years or 100,000 miles. This is the warranty that is still active on your vehicle.
The dealership charging you for the repair means they placed the blame on something unrelated to the engine or transmission. While this can happen, in your case it sounds like you were also having engine problems. It’s important to give your lemon law attorney all repair orders and communication with the dealership. Along with the purchase agreement and the manufacturer’s warranty, these documents will help strengthen your case.
Once your vehicle is deemed a lemon you have a few forms of compensation available to you. Each has their benefits depending on your situation. Let your attorney know what you prefer so they can fight for the outcome you want.
Compensation Options
The first option available is called the buyback. Here you get a refund of all the payments you have ever made on your vehicle from the time you purchased it till date. This includes all down payments, monthly payments, taxes, and even interest. Also, if you had to pay for tow fees, Uber fees, rental fees, and others, you would get reimbursed for that as well.
Moreover, if you took out a loan on the car, the manufacturers would have to pay that off for you. A benefit of this is your credit may actually go up. For this option it’s very important you keep track of everything you spent so you don’t have trouble proving your claim.
With the buyback there is a clause called the mileage offset. This allows the automakers to deduct from the settlement for the period you drove the car without any issues. This is usually based on the mileage you were at during your first visit. While the manufacturer will attempt to deduct everything they can from your settlement, in many cases your attorney can have this mileage offset waived in half or in full.
Another option is called the cash and keep. With this option, you keep the car while you receive some cash. This cash is compensation from the manufacturers for the troubles you’ve experienced with your vehicle. If you accept, your warranty will not be voided or canceled and if you later wish to sell off the car, you can do so without declaring it a lemon to the next owner.
Last and perhaps the least option is the replacement offer. With this offer, you get another vehicle in place of the one you have. This replacement would be a car of the same mileage, same market value, and same model as yours. The problem here is that you stand the chance of getting another lemon as a replacement. And this time you may not have the luxury of filing another claim against the automakers.
Considering you purchased your vehicle in California, your attorney’s services will come at no charge to you. That’s because your case is taken on full contingency so you are not required to pay a dime. The manufacturers cover your attorney fees meaning 100% of the original settlement goes to you. If you have more questions, feel free to reach out to your attorney.
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 2019 Hyundai Sonata 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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Featured Image:
- 2019 Hyundai Sonata ©Damian B Oh (CC BY-SA 4.0 License)
