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My 2020 Hyundai Elantra Is Constantly In The Impound Lot


DEAR SUZANNE

By Suzanne Henderson
LETTER 78 – December 2022 | Fatigued

Dear Suzanne, 

When owning a car begins to become a liability more than a flex, one begins to find ways to dispose of it. This right here is the situation I find myself in currently with my 2020 Hyundai Elantra. I have taken it to the Hyundai dealership several times for various repairs but the one that keeps recurring is related to the electrical and computer system. 

On many occasions, my car has suddenly lost power, refused to come on again, and as a result, has been towed to the impound lot several times. This usually happens whenever no tow trucks are available to help me tow it to the dealership. Due to this, my car sometimes stays at the impound lot for days before I am able to get it back. 

Whenever this happens, I may have to go several days without my car and as such, miss several work days because I need my car to work. It is so annoying when this happens because I bought my car mainly for my work but it seems like that was a mistake. 

As if this is not problematic enough, getting my car back involves me paying a particular amount as a fine. When these fines are accumulated, it sums to a large amount and this is draining my finances greatly. As such, I’m losing on two fronts and this is why I’m looking to get rid of my car. 

Now, the electrical issue has come up again and I’ve taken my car to the dealership. However, it seems my service manager is avoiding me because after asking me to come around today, he was not at the shop. I later asked the customer service rep about when I should come to collect my vehicle but he claimed he had no idea when it would be available for pick up. This means I’d be without a car and consequently miss some days of work for an undecided period, lol. 

To show how serious my car problems are, I have had several communications with them at Hyundai corporate and I already have a case number with them. My case manager has asked for all documents which I have submitted but she said it may take between 3 to 4 weeks for them to review my case. For me, I think it is just best to let this car go so I can opt for something that would hopefully be better. 

 
Fatigued

 
Watch: Demystifying The Hyundai Lemon Law Buyback Settlement Option: Vital Information You Should Know

 

Get Yourself A Lemon Law Attorney

Dear Fatigued,

I’m sorry about the fact that you have to pay ridiculous fines for issues that are not your fault. This is why you need to get yourself a lemon law attorney who can bring you the justice you deserve. This way, you can get compensation for all that you have been charged at no cost to you. 

The way lemon law works in California is that if your vehicle has been to the dealership at least two times for the same issues or three times regarding different issues, it is unfortunately deemed a lemon. But the good thing is that it qualifies for a lemon law case just as in the case of your vehicle. 

Since you have very low miles, you’re still within the warranty period and this is good because lemon law only covers warranty repairs and nothing extended. Also, the lower the miles you are at, the lesser the amount they can deduct, and the less pushback you can get from the manufacturers. 

For your vehicle, the manufacturer warranty on it is divided into two. One is the basic warranty covering steering and electrical issues, and it expires after 5 years or 60,000 miles. The other is the powertrain warranty covering anything engine and transmission covers for 10 years or 100,000 miles. Thus, if you feel any jerking, shaking, or delay while accelerating, you can take the vehicle as soon as possible to the dealer for repairs. 

Moreover, you mentioned you’ve spoken with the manufacturers and they plan to get you a replacement. However, always remember that in the end, they are a business and so they would only offer you options that are most beneficial to them. So even if they come with an option like a settlement amount and lifetime warranty, it is best to disregard it. This is because accepting it would tie the hands of your attorney. 

Now, as I said, you’re still within the warranty period so this gives us a little wiggle room concerning what can be done for you. There are two possible options available to you and they include:

  • The Buyback, and 
  • The Cash And Keep 

The buyback is a situation where the automakers buy back the vehicle from you and they will be paying off everything you’ve ever spent on the car. This is gonna include your monthly payments, your down payment, and even your taxes and interest. If you also took out a loan on the car, it will be refunded fully and your credit will go up as a result. Read more about the Hyundai Lemon Law buyback settlement option here.

The only thing they can deduct from that is the mileage offset. This simply means that the manufacturers have the right to charge you for the miles you drove the car when you had no issues. It would be based on your car’s mileage on your first visit. 

At 17,285 miles, there really won’t be much that they can deduct. However, regardless of if it’s a big or small amount, your attorney can get them to waive this in full or half since the goal is to get you as much compensation as possible considering they sold you a defective vehicle. 

Now, the second option is cash and keep and it involves the manufacturers giving you cash compensation for the issues you’re having with your car. With this option, you’re more than welcome to keep the vehicle while your warranty remains valid and you can also sell your vehicle later on without labeling it a lemon to the next owner. 

There is also a replacement offer but it is not so recommendable because it involves you getting another vehicle of the same mileage and the same value as the replacement. As a result, you may end up receiving a worse-off lemon vehicle as a replacement considering Hyundai vehicles are quite defective. In fact, some have received class-action suits because of how defective they are. 

Now, considering you purchased your car in California, you get to have your case taken on contingency. This means that you are not required to pay any legal fees nor are you mandated to share the settlement won with your lawyer. Instead, all attorney fees are settled by the automakers and 100% of the settlement won will be going over to you. If you have more questions, you can always reach out to your attorney. 

 
Suzanne

 
mechanic-using-laptop
 

Free Legal Advice About Your 2020 Hyundai Elantra 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.

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