Missed Out On Lottery Winnings Because Of My 2021 Kia Seltos

DEAR SUZANNE

By Suzanne Henderson
LETTER 76 – November 2022 | Hurt And Pained

Dear Suzanne, 

I had a chance to change my life for good but my vehicle prevented that from becoming a reality. It was a very painful experience for me because things like this usually happen once especially to me. Even more painful is the fact that I already complained several times about my car problems to the dealer but without a final solution. 

I am not an ardent gambler but I have tried my hand a couple of times at winning lottery tickets. Finally, my time came and I won by a certain luck. Thus, after trying several times to win the lottery, I finally got my long-deserved reward and I was asked to come claim it at a particular time. I was told that the cash prize would be forfeited if I did not arrive on time. 

On the D-day, I set out very early and drove my 2021 Kia Seltos to where I was to receive my reward. On my way there, I began to experience what I call an accumulation of all the problems I had previously complained about to the dealership. 

The very first issue I noticed was the chugging that happened whenever I removed my foot from the brakes and stepped down on the gas. The car then began to shake violently and my car seemed to want to fall apart. I had to pull to a stop for a few minutes and then try again. 

On a side note, I already complained about this issue at the Kia dealership on my first visit. However, they said they couldn’t replicate the problem and so I should take my car with me. 

Now, back to my story, I started my car once again and the problem seemed to have been eradicated. After driving a couple of miles, I noticed that the smell of fuel was permeating everywhere in my vehicle. Once again, I parked my car by the roadside to check out where fuel was leaking from but still no obvious fault. 

Another side note is that this particular issue was the reason for my second visit to the dealership a couple of months ago. However, they weren’t able to duplicate the issues so they said nothing was wrong with the car. 

After the smell reduced, I continued my trip because I wasn’t going to be deterred from my winnings. However, the final straw that broke the camel’s back was when the car system suddenly rebooted and this caused the car to shut off power automatically. When this happened, the car failed to come on even after several failed attempts to bring it back on. This was when I was unable to continue anymore so I had to call them at the dealership to come check out what was wrong. 

When they came, they towed my car to the shop and I went with them thinking it was going to be a little issue that would be fixed in time. Unfortunately, I was wrong as I spent more time than I thought at the dealership, and when my car was finally ready, the agreed-upon time had passed. 

However, I still went on hoping that I would be able to explain my issues to them at the lottery store. However, it was a lost cause because they said they had given my slot to the first runner up. And that right there is how I lost my one chance at changing my life. 

Another problem that I experienced during my time with this vehicle is the check engine light that is always on. When I complained to the dealership, they couldn’t diagnose the problem. In short, every time I took my car to the dealer, that was their anthem and it got me questioning their integrity. 

During this particular visit, I also told them about the time I was driving on the freeway at 70 mph and the RPM went down suddenly to about 40 mph. I stepped down on the gas to accelerate but still nothing and then, as sudden as it began, the car finally took off running again. 

I also complained about the fact that my car was using up too much fuel. They told me that wasn’t the problem but that one of the fuel filters simply needed to be cleaned which they did only for the dashboard light to come back on.

On my last visit, the dealer also said they were going to reach out to their corporate office to see what they could do but I never heard anything back from them. Actually, what happened was that they told me they wouldn’t work on my car anymore because I got mad at them for all the times I came in and got told that they couldn’t diagnose my car problems. It was then they referred me to another dealership. 

Now, I was referred to lemon law by a friend of mine who is also battling the same issues with her car and I hope to get the justice I deserve. I don’t want to have anything to do with Kia after this considering the amount I paid on the car and all the burdens I have had to bear with it.

Hurt And Pained

Your Car Dealer Sounds Shady

Dear Hurt And Pained,

First of all, I’m sorry you had to go through all that. Also, it’s not so good that the dealership was rude about your car problems but not to worry, lemon law is here for you. The way it works is that you are eligible only when you have two repairs done at the dealership for the same issues or three repairs done for different problems. When this happens, the vehicle is deemed a lemon and this makes it eligible for lemon law. 

The manufacturer warranty on your vehicle for anything basic is 5 years or 60k miles. This includes anything bumper-to-bumper like brakes, power steering, and electrical issues. As for the powertrain warranty, it covers your car for 10 years or 100,000 miles. 

While your attorney is working on your case, it is best to keep taking the vehicle to the dealer for any issues you experience. This is to help make your case stronger because the more visits you have, the higher the value, and the more money you will be getting. 

Now, there is much wiggle room as to what your attorney can do for you seeing as you’re still within the warranty period. But it is best to get things started as soon as possible so as to avoid any protests from the automakers. 

There are two different options available for you. The first is the buyback and this is probably what you’re mostly interested in. This is where the manufacturers will be buying back the vehicle from you and they will be paying you out everything you’ve paid towards the vehicle. 

This settlement would cover any down payment, taxes, monthly payments, and even interest. Additionally, any loans taken on the car would be paid back in full by the manufacturers to the financing company. 

However, the only deduction that can be taken is what is known as the mileage offset. This just means they have the right to charge you for the miles you drove the vehicle with no issues. And they will be going based on the number of miles you were at on your first visit which you mentioned was around 50,000 miles. Regardless, however, your attorney can get them to waive this either in full or part considering they sold you a defective vehicle. 

Find out more about the Kia Lemon Law buyback process, its mechanics, qualifications, covered models, reported issues, and your legal options.

The second option is the cash and keep which you’re probably not interested in but it is still an option. This is basically just you getting a cash compensation for the issues you are having while you still keep the vehicle. With this, your warranty will not be voided or canceled and if you later on decide to sell the car, you can do so without deeming it a lemon to the next owner. 

In addition to these two settlement offers, your attorney can also fight to get you additional compensation for your troubles. This amount is not definite but seeing the pains you were put through by your defective vehicle, that would be made possible. 

Now, the good thing about purchasing your car in California is that your attorney takes your case fully on contingency. This means that you will not be charged for anything nor will your lawyer have any share in the settlement amount. Rather, all legal bills are paid for by the manufacturers while you own the total settlement received.

Suzanne

Free Legal Advice About Your 2021 Kia Seltos 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 Law 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 Lawyer to get proper legal advice about your lemon law claim.

Related Articles:

• Eight Things You Need To Know About California Lemon Law
• How To Avoid Buying A Lemon & What To Do If You Already Bought One
• 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case

Featured Image:

• 2021 Kia Seltos ©SsmIntrigue (CC BY-SA 4.0 License)