DEAR SUZANNE
By Suzanne Henderson
LETTER 127 – July 2023 | Overwhelmed
Dear Suzanne,
My 2022 Kia Seltos seems confused. I feel the manufacturers were not sure what they wanted to make— a car or a chugging train. If they were aiming for an automobile meant for the road, then I can say they missed the mark.
A Rough Year
When I first purchased this vehicle, it was the highlight of my life. The past year has been a rough one, as I recently lost my best friend. I know it seems like a random car to care about, but we had always talked about getting one together and exploring the country. Little did I know that I wouldn’t get the solace I was very much in search of.
I have been to the Kia dealership more times than I can count, all for the terrible noise it makes. It sounds like a muffled chugging coming from under the hood. It’s so bad it’s been driving me crazy.
I’m the kind of person who likes to go for long drives when I need to clear my head. These long drives help me to put things in perspective, and help when I feel overwhelmed with emotions and need an escape.
Some Quiet Time
It also helps me feel close to my late friend. It’s really more about the sentiment attached to it. As fickle as it may sound, it’s helped me a lot in the past and probably my coping mechanism. But it is very important that these drives are quiet!
Unfortunately, this vehicle doesn’t seem to understand that. I tried my best to find a solution. I have taken it for repairs over and over again, but the dealership has had no solution to offer me.
Transmission? Engine? What Is It?!
When I first took it in, the dealership claimed they can’t replicate the issue and can’t hear the noise. Since they claim they can’t hear anything, there is nothing they have to fix. I feel like the dealership is not being truthful as even my wife and others can hear the noise. They mentioned the transmission or the engine could be making the noise I described. Unfortunately that doesn’t solve anything.
Now, every time I drive my car, I hear a ‘chugga-chugga’ as if I’m a conductor on a train. The precious drives that help me cope with everything seem like they have been snatched away. This is not what I expected when I decided to go with a Kia Seltos in memory of my friend.
In hindsight, letting sentimentality decide the make and model of your car may not be the best idea. I would love to drive it across country, but if this is going to be what I deal with, I don’t want it anymore. Suzanne, please hit me with what the lemon law can do for me. I need a quiet ride, and this is not it.
Overwhelmed
Your 2022 Kia Seltos Might Have To Go
Dear Overwhelmed,
Everyone has one coping mechanism or another, and I’m sorry you haven’t been able to enjoy yours. Vehicles like your Kia Seltos that have been to the dealership multiple times are usually deemed defective. It sounds like you were looking to purchase an automotive and ended up with a locomotive. Now it’s up to you to decide if and when you want to get rid of it.
That said, your vehicle sure sounds like it qualifies for lemon law, even if the dealership has been unable to find out what the problem is. So long as they are documenting each visit you made to them, then you are good to go. You should qualify because you have so few miles on the car and have visited the dealership several times for the same issue.
Repairs Under Warranty
In California you typically need at least two visits to the dealership for any issue with your car that bothers you. Also, if you have three or more repairs done on your vehicle for different problems, then you qualify as well. If you only visited once but they kept it for 30 days or longer, you may also be eligible. Each of these repair attempts must have been done while the vehicle was still under the manufacturer’s warranty.
Now, since you purchased your vehicle in California, submitting a lemon law claim in the state will cost you nothing. This is because California has liberal consumer rights laws and lemon law cases are taken on full contingency. This means you are not required to pay the legal firm, as this is the responsibility of the manufacturers who sold you a defective vehicle. Thus, the original settlement won goes straight to you.
Lemon law cases usually take between six to nine months depending on how fast the manufacturers want to resolve the case. The main reason why some cases take so long to get resolved has to do with the back and forth between the manufacturers and lawyers. If the automakers wish to settle things as soon as possible, then it wouldn’t take so long. Having a strong case with documents and evidence expedites the process.
Settlement Options
Regarding lemon law, your attorney is submitting a case against the manufacturer. This is because they are at fault for selling you a defective vehicle. They will offer a couple different forms of compensation and I’ll explain those options below.
Buyback
The buyback is in simple terms a case where the automakers buy the vehicle back from you. They pay you back everything that you have spent on the vehicle throughout the years of ownership. This payoff would usually include your down payment, monthly payments, as well as taxes and interest. Also, if you took out a loan on the car, they would pay that off to the finance company, usually improving your credit.
The manufacturers may try to fight you on the mileage offset. This is the number of miles you drove the car without any issues. It’s based on the mileage you were at when you first took your car in for repairs.
Since you barely drove it before taking it in, there isn’t much they can deduct. I wouldn’t worry about this if I were you. Even if they try to deduct from the settlement, your attorney can get them to waive this by half or full.
Read more about the Kia Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.
Cash And Keep
Let’s say for sentimental reasons you still wish to keep the Kia Seltos. Well then the cash and keep is for you. This option means you keep the car and the automakers would give you money as compensation for the troubles you’ve faced. You can use the money however you like. In cases like this, your warranty remains valid and won’t be voided or canceled. If you wish to sell your car later on down the line, you can do so without deeming it a lemon to the next owner.
The cash compensation you stand to receive may vary depending on certain factors. These include the type of issues you may have, the severity of those issues, and how long the vehicle has been at the dealership.
Time To Lawyer Up
Now that you know about your options, it is up to you to take action. These manufacturers aren’t in business to buy cars back from us, so you need to present a solid case. Let your attorney know what compensation option you want up front so they can pursue it from the start. If you experience more issues with your car that need repairs, do not hesitate to take your car back to the dealership. The more repair attempts you have, the more evidence of your car’s defects, and the more money in your pocket.
If you have any more questions, consult with your attorney, and thank you for sharing your story. I hope you are able to find the solace you have been looking for. Best of luck in the future!
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 2022 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 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 Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2022 Kia Seltos ©Mr.choppers (CC BY 3.0 DEED License)
