Legal recourse questions

[reddogva99]

Hyundai has had my car for about 15 days now to fix the blue link remote start. They do not know how to fix it. Dealer says they are waiting to hear back from blue link. blue link calls and asks if dealer has fixed the issue. Regional rep called yesterday and says she will contact me back by end of week. VA lemon law states they have 3 tries or 30 days before I can file a claim. I'm paying almost 700 a month on top of the blue link subscription for the car and they gave me an elantra after about a week as a loaner which is obviously a major downgrade. . Other than waiting for lemon law is there anything else I can do to get compensation for this?

Thanks in advance.

 

[ksoze]

For starters, I would get the car back while they research the issue. BlueLink remote start is not a critical safety feature and the car is very usable without remote start. While not diminishing your understandable frustration over the time taken to solve this issue, the lack of this feature is hardly effecting your ability to drive the car. I would think compensation would be a year or two free BL when resolved. I also would think a lemon law over a remote start issue is tricky, but who knows. Call a lawyer if you feel you need real legal advice - board forums are usually not a good substitute for real legal advice.

 

[jarred52]

You are asking for legal advise that is state specific; you should consult with and attorney in your state.

 

[Focusin]

I don't think the lemon law applies here (see below) but I could be wrong.

While it may be frustrating to you and being without the vehicle is a major inconvenience, there is nothing preventing you from using the vehicle as intended.

The fact that you are paying nearly $700 per month isn't really relevant to the issue. You are paying $700 for the vehicle as a whole, not just for the ability to have Blue Link. The loaner issue is really a matter for the dealership to address, not Hyundai NA.


Code of Virginia §§ 59.1-207.9

The lemon law covers any nonconformity, which is defined as a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, that significantly impairs the use, market value or safety of the motor vehicle. “Significant impairment” means to render the motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.

The lemon law provides manufacturers with an affirmative defense if it can be shownthat the alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle, or the nonconformity is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by a consumer.

 

[reddogva99]

thanks for the responses. So what actions can I take if they cannot fix a car that is under warranty? There should be some sort of consequence.

 

[StarPower]

You could complain up the chain to Hyundai Motor America. They care a lot about the company's reputation, and I've heard of other people getting good results from them.

 

[reddogva99]

who has the CEO's or whomever's contact that I've seen on this site before?

 

[greekgeek]

Legal battle for Bluelink? Sorry but not worth the hassle.

 

[Mark_888]

who has the CEO's or whomever's contact that I've seen on this site before?

You need to contact HMA customer service and get a case number. If you don't get satisfaction, then escalate to the CEO (although not likely you will ever reach him).

 

[Sal Collaziano]

Get the car back and wait for them to figure out how to fix it. Unless you don't want the car anymore that's what I would do. They'll eventually get the information needed to fix the car but it certainly does not need to be held up at the dealership while they're waiting. I'm probably wrong but something tells me you don't want the car anymore...

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[GenesisAWD]

I'm probably wrong but something tells me you don't want the car anymore...

Probably because he's bringing up lemon law when all that is wrong with the car is the (optional) remote start functionality.

My sister and brother in law successfully went the lemon law route with their Range Rover. All of the cars electronics, including headlights, would randomly just turn off for a couple of seconds every now and then. RR couldn't figure it out. Now THAT was an issue.

 

[Nikgen]

You need to contact HMA customer service and get a case number. If you don't get satisfaction, then escalate to the CEO (although not likely you will ever reach him).

You can and he will respond!

 

[Mark_888]

You can and he will respond!

Probably one of his staff will respond on his behalf pretending to be him.

 

[Nikgen]

Probably one of his staff will respond on his behalf pretending to be him.

Wrong!

 

[kn5owa]

You are asking for legal advise that is state specific; you should consult with and attorney in your state.

Checked out attorney fees lately?

Esp. for something like this?

 

[balfor]

For starters, I would get the car back while they research the issue. BlueLink remote start is not a critical safety feature and the car is very usable without remote start. While not diminishing your understandable frustration over the time taken to solve this issue, the lack of this feature is hardly effecting your ability to drive the car. I would think compensation would be a year or two free BL when resolved. I also would think a lemon law over a remote start issue is tricky, but who knows. Call a lawyer if you feel you need real legal advice - board forums are usually not a good substitute for real legal advice.

This is great advice for you. Get the car back that way you don't have all the frustration of your car in the shop while they fool around. I'm sure they will fix it but I understand your frustration. I would relax on the lemon law path until they have a real chance to set this right.

 

[Pamplona/Beige]

Hyundai has had my car for about 15 days now to fix the blue link remote start. They do not know how to fix it. Dealer says they are waiting to hear back from blue link. blue link calls and asks if dealer has fixed the issue. Regional rep called yesterday and says she will contact me back by end of week. VA lemon law states they have 3 tries or 30 days before I can file a claim. I'm paying almost 700 a month on top of the blue link subscription for the car and they gave me an elantra after about a week as a loaner which is obviously a major downgrade. . Other than waiting for lemon law is there anything else I can do to get compensation for this?

Thanks in advance.

From previous experience with HMA after using the lemon law for a Kia, they do not compensate you for loss of use and you will need to go to an arbitrator. Ours took months to process and the outcome was not as we had expected. You are not typically made whole. Of fours ours was a purchase not a lease, not sure about how leases are handled.

 

[reddogva99]

I do want the car but I'm thinking lemon law is the only way I could get them to either compensate me or get it fixed. I'm leaving the car with them as it will then equal 30 days for me to have a case. I went used the lemon law with my 2011 sonata hybrid b/c the check engine light stayed on for the first 2 months I had the car. Hyundai eventually fixed it and then paid me like 2 months of car payments. I emailed the CEO and he here is his response:

- thanks for making me directly aware of this situation. I apologize for the inconvenience and aggravation this experience has caused you. I will have my team investigate immediately.

Dave Zuchowski
President/CEO
Hyundai Motor America

 

[jarred52]

Checked out attorney fees lately?

Esp. for something like this?

Yeah, actually I have as I am a retired attorney. Do you ask people on some forum for medical advise?

Some attorneys will give a free initial consultation (ask before you show up!).

 

[jarred52]

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