My question involves a consumer law issue in the State of: Ohio
I am the only owner of a 2011 Kia Optima. Beginning last April the car began to stutter as if someone were pumping the brakes. It would stutter in idle and in motion. Then it started stalling, again in idle and in motion. It got to a point where the car would stall at highway speeds. While the car currently has 95K miles, it is still covered under Kia's 10yr/100k mile powertrain warranty. The car has been serviced by a Kia service center four times and is still exhibiting these symptoms. Kia sent a national service tech to investigate the car, but he was not able to reproduce the problems. The weather was cold when he was with the car, but the car only exhibits these symptoms when the weather is about 60-degrees and above. The weather got warmer last week and I caught five stalls on video and gave them to Kia. I requested a fair buyout of the car that would allow me to replace it with something similar with all the features and options on my car. I am not asking for a new car, just a fair buyout. This is a huge safety issue. I was notified Friday that they are under no obligation to buyout or replace the car and offered me $1300 of "goodwill" money. The car is paid off and I do not want a new car payment. I don't feel right selling it to someone else and passing on the problem.
I have contacted a lawyer specializing in this kind of thing, but I am still collecting records for her review. She has not said whether she'll help until she's reviewed everything. Fair enough, I say.
Do you think I have a case worth pursuing or am I screwed? Do you think a properly worded letter from a lawyer would sway Kia into a fair value buyout. I would attack this on the aspects of 1) safety and 2) the fact that three of the four service attempts were under warranty, which seems to set a precedent that Kia acknowledges this problem is something they're responsible for under warranty. The only service I paid for ($571) was the first for a sensor replacement that did not solve the problem.
I have not accepted the $1300 goodwill insult as I think they're bullying me and just trying to shut me up and make me go away.
Thanks!
I am the only owner of a 2011 Kia Optima. Beginning last April the car began to stutter as if someone were pumping the brakes. It would stutter in idle and in motion. Then it started stalling, again in idle and in motion. It got to a point where the car would stall at highway speeds. While the car currently has 95K miles, it is still covered under Kia's 10yr/100k mile powertrain warranty. The car has been serviced by a Kia service center four times and is still exhibiting these symptoms. Kia sent a national service tech to investigate the car, but he was not able to reproduce the problems. The weather was cold when he was with the car, but the car only exhibits these symptoms when the weather is about 60-degrees and above. The weather got warmer last week and I caught five stalls on video and gave them to Kia. I requested a fair buyout of the car that would allow me to replace it with something similar with all the features and options on my car. I am not asking for a new car, just a fair buyout. This is a huge safety issue. I was notified Friday that they are under no obligation to buyout or replace the car and offered me $1300 of "goodwill" money. The car is paid off and I do not want a new car payment. I don't feel right selling it to someone else and passing on the problem.
I have contacted a lawyer specializing in this kind of thing, but I am still collecting records for her review. She has not said whether she'll help until she's reviewed everything. Fair enough, I say.
Do you think I have a case worth pursuing or am I screwed? Do you think a properly worded letter from a lawyer would sway Kia into a fair value buyout. I would attack this on the aspects of 1) safety and 2) the fact that three of the four service attempts were under warranty, which seems to set a precedent that Kia acknowledges this problem is something they're responsible for under warranty. The only service I paid for ($571) was the first for a sensor replacement that did not solve the problem.
I have not accepted the $1300 goodwill insult as I think they're bullying me and just trying to shut me up and make me go away.
Thanks!
Non-Lemon Buyout of Car with Safety Problem
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