When you drive off the lot with a newly purchased or leased vehicle, you expect that it will last you for many years to come, as long as you take all the necessary steps to maintain your car. The last thing you expect is a major defect that negatively impacts your car’s safety, value, or usability. Unfortunately, you may have yourself with a lemon, which means there is a problem with your Kia or Hyundai that the manufacturer is unable to resolve.
What now? Am I covered under the state’s lemon law? If so, how do I file a lemon claim against the manufacturer? These are just some of the questions you may have on your mind, and there’s no better source of information than a knowledgeable lemon attorney. In the meantime, we wanted to provide you with a basic explanation of the claims process if you are interested in pursuing a lemon complaint. However, this information is for general purposes only. For a detailed explanation of your rights and legal options, contact our office to speak with a Kia-Hyundai lemon law lawyer.
Schedule a Repair Attempt as Soon as Possible.
If the defect with your car is covered under the manufacturer’s warranty, contact the dealership immediately to schedule a repair attempt. First and foremost, you want to make sure that the problem with your car is documented while the warranty is still active. Second, Hyundai is not obligated to resolve any issues that they were unaware of. Thus, you must take the car back to the dealership where you bought if from, as they are an authorized “representative” of the Hyundai Motor Company. If bringing it to the original dealership is not possible, contact the manufacturer to ask for an authorized repair center in your area.
Allow the Manufacturer enough Repair Attempts.
What does this mean? Well, it depends on the issue with your vehicle and the degree to which it compromises your safety. If the problem is likely to cause an accident (for example, defective airbags or brake failure), the dealership has two chances to fix the problem before you can file a lemon claim. Otherwise, you must allow at least 4 chances for the manufacturer to resolve the defect. On the other hand, if your car has been in the repair shop for over 30 days, you can proceed with a claim regardless of the number of repair attempts.
Keep Track of all Paperwork and Documentation.
You will need to submit evidence with your claim, so don’t take it for granted that something will be useful later down the road. We recommend a folder, drawer, or some other place where you can organize receipts, invoices, service orders, and other documents related to the issue with your car. Keep the original purchase or lease agreement and the warranty as well. Your lemon claim application will ask for information from these documents. You should also download / save / print out electronic communications from the manufacturer, or anything associated with out of pocket costs, like receipts from rideshare services. Medical records are essential as well if you were in an accident that was caused by your car’s defect.
Seek Representation from an Experienced Lemon Law Attorney.
So, you’ve done all the necessary prep work and you are ready to proceed with a California lemon claim. The big question is, where do you start? If you’ve looked up the procedure for how to file a lemon complaint, you’ve probably found a lot of contradictory information or a bunch of legal procedures that make little sense to you.
Don’t worry; most consumers that come to us feel the same way. That’s why we’re here to explain the legal process and help you decide on the right course of action. Then, we’ll take immediate action on your claim and fight tirelessly for the compensation you deserve. A Kia-Hyundai lemon expert is waiting to speak with you, so don’t hesitate to give us a call.
What am I Entitled to if I Win my Case?
A lemon settlement is largely based on the original purchase or lease price of your vehicle. If you win your case, you can receive a full refund of the purchase price (with collateral costs, like sales tax and dealer add-ons) or a replacement car that’s comparable in value to your current vehicle. Our lawyers can go over each of these options with you to ensure that you understand what you’re getting from the manufacturer. For example, the manufacturer will deduct your usage of the vehicle prior to the first repair attempt. This is known as “mileage offset” and there is a specific formula that must be used to calculate this value.
The manufacturer must also compensate you for out of pocket expenses that you would not have incurred if you received a car in good working order. Towing fees, rental car payments, and rideshare services fall within this category, though you may have other costs that can be included. If you suffered injuries due to an accident, that’s another issue we will discuss with you. You may be eligible for medical expenses, lost wages, pain and suffering, and other damages if you have grounds for a personal injury claim against the manufacturer. Frankly, this is just the tip of the iceberg when it comes to a lemon complaint, so please don’t delay in scheduling a case review with one of our attorneys.
Kia – Hyundai Lemon Law Cases: Frequently Asked Questions
So far, we’ve focused on the steps you will need to take in order to succeed in a lemon case against Hyundai Motor Company. But there are various questions that are related to this topic, which you are probably curious about. Below are some Q & A based on the issues that come up the most during our consultations:
What is the average case value for a lemon claim?
In all honesty, there’s no set number that we can come up when we look at settlement values for lemon cases as a whole. If we go by our many years of experience with lemon claimants, we would say most case values fall between $30,000 and $350,000. But we’ve certainly had cases that settled for less, as well as lawsuits that brought in $500,000 to over $1 million. There are many factors that account for the wide variation in settlement values. The price of your car is a major factor, but so are your out of pocket costs. If you sustained bodily harm from an accident, that’s another significant addition to your claim. At the end of the day, discussing your case with a lawyer is the best to figure out what your lemon case is worth.
How long does it take to get Paid on these Cases?
Depending on the issues we will need to work through, the settlement timeline for a lemon claim can be anywhere from 30 days to over 1 year. Most of our claims are settled within a few months as long as the manufacturer is willing to work towards a fair settlement. But there are cases – like those involving injuries or death – where it’s best to proceed with a lawsuit. We know how frustrating it can be to wait on a payment when you’ve lost so much due to an unexpected defect with your car. However, we promise that we will not disappear on you and keep you wondering as to what’s going on with your case. We’ll be here anytime you call with the advice and encouragement you need to persevere in a Kia or Hyundai lemon claim.
What is the statute of limitations for a lemon lawsuit in California?
In California, you have 4 years to take legal action against a manufacturer for selling you a lemon. As for when the 4-year period starts, it depends on your personal circumstances, as well as the type of claim you are filing. For some people, the starting point is the date that your warranty expired, while others can use the date of the last repair attempt. We know this is confusing, but a consultation with a lemon lawyer at our office can help you figure you how long you have to file your lawsuit.
Contact Guardian Lemon Law Group
There’s no denying the challenges of going up against an auto manufacturer. Most people find that the friendly, courteous service they received when they signed that contract quickly disappears when they ask about the process to lemon a Kia or Hyundai vehicle. That’s why it’s essential to hire an experienced lemon law attorney, who can fight for the compensation you deserve.
We’re not just here for new claimants, by the way. We offer second opinions on pending cases if you want a fresh perspective from another attorney. Some people that come to us are relieved to learn that their case is on the right track. For others, we may spot red flags that can compromise their case, usually from their attorney’s incompetence or lack of experience. We are happy to advise you of your legal options, though you are under no pressure to follow our recommendations. The consultation is free of charge, so please take the chance of scheduling a second opinion.
Our attorneys work on contingency, so you don’t have to worry about paying us if you’re interested in hiring a lemon lawyer. We only get paid by winning your case, and at that point, it’s Hyundai Motor Corp. that takes care of our expenses. If we don’t recover your settlement, you won’t be responsible for any legal fees. If you’re ready to imitate a lemon claim with one of our attorneys, please reach out to us for a free case review.
