Automotive

Late 2015/2016 hyundai Kia parts delay legal advice

  • Last Updated:
  • Mar 3rd, 2016 4:31 pm
Tags:
None
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood

Late 2015/2016 hyundai Kia parts delay legal advice

Wondering if anyone is in same situation as me and would like to pursue class or can provide me with advice what to do...

I crashed a brand new 2016 hyundai tucson on nov 25th, parts were ordered dec 1st for repair. It is now feb 6/2016 and no parts have been delivered yet with no ETA (68 days later). As far as I have been told by my insurance company this is company wide hyundai/kia due to moving of a parts warehouse and is affecting alot of consumers at alot of collision centers across canada. I think a reasonable time to deliver parts for a repair is 1-3 weeks tops... its now 2 months and no word of parts. Do I or the potentially hundreds of consumers across canada have a case against hyundai/kia via a class action lawsuit? Everyone is paying for rentals at this point out of pocket not to mention car payments for a car I haven't been driving for almost 3 months now. My car insurance covered only the first month after the accident. Is there consumer protection laws pertaining to availability to supply market with parts? For vehicles being sold in canada... I don't know what lawyer to contact but I feel like I should go after rental costs/car payments and dollar value of stress this whole situation is causing me... Over the phone Hyundai had said at discretion of warranty agents they will cover rental after I submit receipts but it wasn't in writing and Hyundai Canada will not respond to my emails.

My insurance company says all onus on Hyundai since I didn't total the car they can't do anything to speed up process and refuse to pay for any more rental since my accident was 100%at fault (i hit a guard rail)
56 replies
Deal Expert
User avatar
Mar 9, 2007
15620 posts
13286 upvotes
Think of the Childre…
staffpro wrote: Wondering if anyone is in same situation as me and would like to pursue class or can provide me with advice what to do...

I crashed a brand new 2016 hyundai tucson on nov 25th, parts were ordered dec 1st for repair. It is now feb 6/2016 and no parts have been delivered yet with no ETA (68 days later). As far as I have been told by my insurance company this is company wide hyundai/kia due to moving of a parts warehouse and is affecting alot of consumers at alot of collision centers across canada. I think a reasonable time to deliver parts for a repair is 1-3 weeks tops... its now 2 months and no word of parts. Do I or the potentially hundreds of consumers across canada have a case against hyundai/kia via a class action lawsuit? Everyone is paying for rentals at this point out of pocket not to mention car payments for a car I haven't been driving for almost 3 months now. My car insurance covered only the first month after the accident. Is there consumer protection laws pertaining to availability to supply market with parts? For vehicles being sold in canada... I don't know what lawyer to contact but I feel like I should go after rental costs/car payments and dollar value of stress this whole situation is causing me... Over the phone Hyundai had said at discretion of warranty agents they will cover rental after I submit receipts but it wasn't in writing and Hyundai Canada will not respond to my emails.
Ah nvm. Sue!!!
Deal Expert
User avatar
Feb 26, 2004
26998 posts
4337 upvotes
Hire a lemon lawyer and make them buy their lemon back.
Deal Fanatic
Dec 24, 2005
5853 posts
1695 upvotes
this is pretty normal for any brand new car sadly. All the parts go towards new cars.

go crash a 2016 E Class and you won't be getting any parts for 6 months.
Deal Addict
Jan 16, 2016
1477 posts
1139 upvotes
Hamilton, ON
A) You shouldn't have 'crashed a brand new 2016 hyundai tucson'
B) Once you realized parts weren't going to be available, you should have returned the expensive SUV the rental agency that insurance company contracted and instead have taken the cheapest vehicle on the lot (i.e. Mazda2, Chevrolet Spark).
Deal Fanatic
Jun 22, 2004
6461 posts
213 upvotes
I think the problem is Kia, it's afterall not a Benz. KIa does things differently. In their warranty book they clearly stipulate you must return your vehicle to your dealer or another Kia dealer or your warranty will be void. There was a ruling on this some time ago and the judge ruled that the manufacturer can't void a warranty by simply having someone else work on the vehicle aside from a Kia certified technician.
Banned
Dec 12, 2015
278 posts
33 upvotes
Toronto, ON
Not uncommon for new cars

I waited 4 months for a differential from BMW becauae mine crapped out and 2 mths for a new ecu when mine crapped out

Luckily it was warranty work but they gave me a crap x1 for that time
Deal Expert
Aug 22, 2011
41802 posts
30056 upvotes
Center of Universe
Is the car being repaired by KIA?
They should be providing a loaner until your vehicle is repaired.
Temp. Banned
Jun 18, 2008
5095 posts
4664 upvotes
Montreal
staffpro wrote: I crashed a brand new 2016 hyundai tucson on nov 25th, parts were ordered dec 1st for repair. I
DJ_Peanuts22 wrote: Hire a lemon lawyer and make them buy their lemon back.
Did you even bother to read past the 2nd sentence or you couldn't wait to add another useless post to your tally?


staffpro wrote: My insurance company says all onus on Hyundai since I didn't total the car they can't do anything to speed up process and refuse to pay for any more rental since my accident was 100%at fault (i hit a guard rail)
I would be escalating with Hyundai CS non stop with phone calls, not emails.
Deal Fanatic
User avatar
Nov 24, 2012
5909 posts
2223 upvotes
Space
Very common thing to happen with new cars. Even more so Kia/Hyundai which seem to get parts later than most brands I find.
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood
ottofly wrote: Did you even bother to read past the 2nd sentence or you couldn't wait to add another useless post to your tally?





I would be escalating with Hyundai CS non stop with phone calls, not emails.
i do that basically weekly, I get told I need to followup with dealer where parts were ordered so i've been doing that, and all I get is parts are on their way almost weekly like a date, date arrives, parts never show up
Sr. Member
Mar 6, 2006
683 posts
107 upvotes
Just wait dude.. nothing you can do ...

Legal. Advice dont waste your time , these corps have full time legal dept to play with you ..
Deal Addict
User avatar
Jan 2, 2009
1995 posts
473 upvotes
I smoked a deer on November 4 with my 2014 Chev 1500 I just got it back from the body shop 2 weeks ago, reason was that GM did not have any fender/ rad support brackets in stock, so they had to build the thing.

Luckily I have $2000 for rental, I did go over the limit but the Insurance sucked it up. At least I save a lot of miles on my truck and put it on a rental, I drive aprox. 150km daily.
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood
Maybe I should crash my rental to get rental coverage again
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood
Mid February... Still no parts and no ETA... If I got a lawyer how likely is it I'd get my depreciation and all my car payments and stress $$ back? What sort of lawyer should I contact and should I threaten my insurance company with CBC marketplace.
Sr. Member
Jun 5, 2011
860 posts
175 upvotes
LONDON
I believe this is the first year of a redesign?

this is how it is with cars that are in their first year of production. Spare parts usually aren't available for months after production starts. I couldnt get OEM brake pads for my car - luckily they were similiar enough to the year previous so i just purchased those but this is what happens when you early adopt.

Your rental might need to be extended though - which Kia may pick up for most insurance companies have a dollar limit on much they will give you towards a rental.
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood
So without going into too much detail... I bought a 2016 Hyundai Tucson limited 1.6T AWD for about 40k with winter tires basically for the sportiness and the safety of having AWD in the winter since I live in snowbelt. I crashed said car on what I think was the first snowfall of the winter (ha ha ha), basically lost control because going a bit too fast and there was black ice on a sharp ungraded turn, I hit a guard rail, insurance is fixing car all cosmetic damage to right side no frame damage no airbags, nonetheless repairs are costing insurance company 14,500$. It took Hyundai Canada 3.5 months to deliver a part needed for the repair which they finally got today. Car has about 10,000km on the odo.

So I've been driving rentals of which insurance covered first month and then Hyundai Canada is (because they failed to deliver parts within a reasonable time frame) covering the rest. In addition because of my unique 3.5-month wait for a parts their parts manufacturer Mobis Canada is suppose to give me some sort of goodwill reimbursement of which I don't have details yet.

So basically because of my fault my new car buying experience has been ruined. And having driven economy/compact cars through the winter with all seasons and doing just fine makes me want to get the car I originally wanted knowing its possible.

Now before anyone judges me for even thinking of trading in, I did get a pretty sizable bonus at work which is making this possible and I know its a terrible use of money but whatever you only live once.

So i went to a dealership to get a trade in appraisal they said they would give me 30k if it was one without an accident and "less" for mine, they wouldn't give me details on how much less I suppose its because I had no intention of buying a car that day so they didn't want to waste time with me.

So my question to redflagdeals is should i list the car on autotrader/kijiji and try to sell privately disclosing the accident and all supporting documentation or just trade in and work with negotiating process?

financially prudent side of me obviously says to keep the car, between my bonus and some investments going crazy up last couple months I can probably afford to take the hit - if the latter wasn't true I obviously wouldn't be thinking of this as it's the equivalent of flushing 10k$+ down the toilet.
Sr. Member
Feb 8, 2011
665 posts
207 upvotes
Toronto
Wow, I had a similar situation but I only had to flush 2k down.
I say do it, only because I know exactly how you are feeling right now and am so much more happier with the car I have now.
I would toss it up on Kijiji right now and see what kind of offers you get, but assuming your experience is like mine no one is going to want the car as soon as they find out it's been in an accident, my claim was 12k.
Deal Addict
Mar 22, 2004
3802 posts
1276 upvotes
Do not accept car after repair. Let the insurance deal with it. Tell them it did depreciate over 10K and unless they reimburse you for depreciation.
Sr. Member
Sep 24, 2006
988 posts
201 upvotes
Collingwood
romsan04 wrote: Do not accept car after repair. Let the insurance deal with it. Tell them it did depreciate over 10K and unless they reimburse you for depreciation.
lol that is legal won't they just laugh at me? enless I am not accepting it because something they repaired i find wrong...

Top

Thread Information

There is currently 1 user viewing this thread. (0 members and 1 guest)