A recent class-action lawsuit filed against the car manufacturer Hyundai alleges that many engines used in its vehicles are defective. The lawsuit claims that Hyundai-produced vehicles with Kappa, Lambda, Theta, Nu, and Gamma engines burn through oil faster than they should, causing the engines to stall and fail long before other comparable models.
These failures can be costly for car owners. Engines that burn oil require significantly more upkeep, costing more in regular oil changes and maintenance. Furthermore, if the engines burn out, owners must spend thousands replacing them or buy a new car entirely. In the meantime, faulty engines put drivers at risk of sudden stalls that could put them in dangerous situations on the road.
Affected car models allegedly include:
- 2022 Kia K5
- 2010-2021 Kia Forte
- 2012-2021 Kia Rio
- 2012-2021 Kia Soul
- 2019-2021 Hyundai Kona
- 2020-2021 Hyundai Palisade
- 2015-2021 Hyundai Sonata
- 2011–2021 Hyundai Sonata Hybrid
- 2020-2021 Hyundai Venue
- And many others
If you’ve bought a Hyundai or Kia vehicle in the past three years, there’s an excellent chance your car is included in this lawsuit.
The class-action lawsuit further argues that Hyundai, which manufactures both Hyundai and Kia vehicles, does not warn drivers about this excessive oil use. It also alleges that Hyundai denies warranty claims regarding the issue if owners can’t definitively prove the amount of oil their cars consume is above average.
While the lawsuit has a way to go before it changes anything for Hyundai owners, it does suggest that Hyundai and Kia cars are more likely to be considered “lemons” under California law. Here’s what you need to know about lemon laws and what to do if your Hyundai has manufacturer flaws.
How Different State Laws Define Lemon Vehicles
If your car has a defect caused by the manufacturer, you deserve to get it fixed, replaced or refunded. That’s what lemon laws are for. Most states have laws on record that allow you to file a claim that the manufacturer either refunds or replaces defective vehicles.
Lemon laws are defined on a state-by-state basis. Depending on where you live, the specific requirements for a lemon claim may be very different.
In general, state lemon laws apply to vehicles purchased within that state and are still under warranty. They also require a nonconformity or defect that affects the car’s safety, performance, or market value caused by the manufacturer. Here are a few examples of specific state laws.
California: California has some of the broadest lemon laws in the country. In the state, a car is defined as a lemon if:
- The defect or problem first occurred within 18 months or 18,000 miles of use after the vehicle’s initial purchase.
- The defect was not successfully repaired in two attempts if it could be deadly, or four attempts if it’s simply dangerous, OR the car has been out of service for thirty non-consecutive days for the same defect.
Illinois: Lemon laws in Illinois are more restrictive. Illinois law states that a vehicle is a lemon if:
- It is still owned by the original buyer.
- It has seen less than 12 months or 12,000 miles since the date of purchase.
- The nonconformity has not been permanently fixed after four attempts by the manufacturer, OR the vehicle has been out of service for 30 or more non-consecutive business days.
Ohio: This state is relatively middle-of-the-road in terms of lemon laws. An Ohio car is a lemon if:
- The problem first occurred within 12 months or 18,000 miles of use after purchasing the vehicle.
- The manufacturer has failed to repair a single defect after three attempts, OR was unable to repair a potentially deadly defect once, OR made eight or more attempts to fix different warranty issues, OR the vehicle has been in the shop for a cumulative 30 days during the first 12 months or 18,000 miles of use.
Pennsylvania: Pennsylvania’s laws are similar to Illinois’. Pennsylvania considers a vehicle a lemon if:
- It has seen less than 12 months or 12,000 miles since the date of purchase.
- The defect has not been permanently fixed after three repair attempts by the manufacturer, OR the vehicle has been out of service for 30 or more non-consecutive days in the first 12 months or 12,000 miles of use.
How to File Lemon Law Claims
If you have a car that’s unsafe due to a manufacturer flaw, you can use your state’s lemon laws to get it replaced or repaired. To file, you’ll need to make sure you take the following steps.
- Attempt to Get Your Car Repaired: Lemon claims rely on a history of failed repair attempts and time in the shop. Take your vehicle to the manufacturer’s mechanic shop to give them the required “reasonable opportunity” to fix the issue. The sooner you do this, the better since some states have time limits on when you can file your claim.
- Collect Records Regarding Repair Attempts: Keep records of all repair attempts and track problems you experience with the car. For instance, Hyundai owners should record how often they need to top up their oil or take the car in for an oil change. This proof is essential for your claim.
- Determine the Filing Process for Your Car’s Manufacturer: Every manufacturer processes lemon claims differently. Check the website or your owner’s manual to learn where to file the claim and what you need to submit.
- File Your Claim as Fast as Possible: You have a limited window to file your lemon claim, so time is of the essence. Make sure you submit it as soon as possible to receive due consideration from the manufacturer.
Get Help Filing Lemon Law Claims on Your Defective Hyundai or Kia Car
If you have a Hyundai or Kia that burns through oil and costs too much money, you may have a lemon law claim. You don’t have to navigate the claims process alone. Get in touch with the experienced car warranty lawyers at the Law Offices of Todd M. Friedman, P.C., to discuss your case. During your consultation, you’ll learn whether your car is eligible and what you need to do to file a successful claim. Start the process today and stop worrying about whether your car’s engine will give out on you.
