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taking kia to court in nj????

biddybopbiddybop Posts: 4
on Monday the 19th, one year and about 15k miles later more and more problems later, my day comes in court. my problems started at 8k miles... to put it plan and simple this car has been nothing but a headache. I have herd that kia is tight with paying out in lemon law suits and JERSEY is tough with anything. has any one ever went to court with these people. Now my car is out of warranty...(the 36k) and N filed for the lemon law at about 19k. ihave a feeling that they are going to stick it to me... any advice would help before Monday. I'll check back

Comments

  • swschradswschrad Posts: 2,171
    it took 17,000 in mileage between filing and getting to court?

    well, no time left but for the basics, it appears.

    1) this ain't "Judge Judy" or "Texas Justice," it's court for real. shave, tie, haircut, etc. have all your papers on services performed, when, and where in hand. make copies ahead of time... at minimum, the judge needs a set, the Kia folks need a set, you need a set. including all the letters, newspaper articles, etc. you have been saving.

    2) it isn't "Divorce Court," either. calm, logical, planned... just follow your experiences through from start to end, minimum characterizations in between.

    3) the other guys are going to say you didn't describe the problem, they didn't know, no symptoms, minor issues typical for that size car, whatever runs counter to where you are going. "me versus ye" without documentation is not going very far in court.

    4) if you get additional documentation from google searches, Edmunds searches, Consumer Reports articles and posts, etc. that's all well and good... but what is on trial is not whether ten people got sassed by their dealers, but whether YOU on THIS car had structural or safety-related issues that the dealer could not resolve within the limits of the lemon laws of New Jersey. if whatever issues you had are SAFETY issues, it might count more. that's stuff like brakes, steering, ability to control the car because of accelerators that don't slow down again, windshields exploding, fires, and so on... not squeaks and fuzzy radio sound and the turn signals don't stop flashing.

    BASICALLY... about all can be done here is a pep talk at this point. if you have your facts in line, you have a chance. if not, you have one more day to sort your folder of papers and get several more sets copied off (always cheaper at Kinkos that having the court do it at $1 or $5 a page!! they don't tell you about that in civics class!)

    good luck, stand tall, speak with determination, get it done! remember, the judge or ALJ runs the hearing, if you are being stepped on and can't tell your story, appeal to the judge, don't yell "shaddup!"

    so much of a winning case in court is just "following the rules" that it's incredible. but, then, law is just rules....
  • Mr_ShiftrightMr_Shiftright CaliforniaPosts: 45,353
    It's all very true what you say. I've seen so many people going to court for "justice" when it's not at all about "justice".

    It's about who can work the system the best to advantage.

    I'd sure take the advice you were just given. It's not "legal advice" it is common sense and it may work for you.

    MODERATOR --Need help with anything? Click on my name!

  • my husband and I got a call this morning, they (te kia manufacture) will not buy the car back... even though the breaks ended my honeymoon two days early. they offered me $4,000. And we all know that 4g's is nothing when you are talking major repairs... especially forgein cars. i counter offered that they fix the car right this time. I do have ALL of the (aprox. 15) repair orders with my complaint on the top of all.. Every one reads -check breaks- check the engine and things like that. So I know tat I can get them to fix the car. But kia does not pay for rentals and between my husband and I this is our only car... Plan and simple THIS SUCKS from day one we have had problems and can do nothing about it.......
  • vidtechvidtech Posts: 212
    You basically bought a cheap set of wheels.It is a disposable car much like a Bic lighter..Why not just sell it and get something which is made better.Our justice system is choked with plenty of frivolous lawsuits.
  • swschradswschrad Posts: 2,171
    if you're stuck with this car, get out of the dealer network and get to an independent brake specialist. have them put on first-line NEW parts, not rebuilts, from somebody like Raybestos or Bendix, not whatever dock sweepings are falling out the back of the delivery truck this week around town. discuss the issues with the shop lead tech or manager so they know what you DON'T want to see when you pick up the car. find this independent brake specialist in your area by talking to others and see who has done a good job in your area.

    there may be a lot of creepy crud taped onto your car now... once it's all gone and you have reputable components, that should make a difference. this will be a higher bill than you have seen... for the same reason that food costs more before it's eaten than after ;)

    but that should end the issues. you might graduate from shuddering/fade/no pedal/whatever to squeaks the first two times the brakes are applied in high humidity. that would be due to normal pad and rotor/drum oxidation, and shouldn't reoccur for the rest of THAT day. but they should be dependable.
  • I have a a mechanic for once is truly honest, he is the one that diagnosed my car for me. If I have him repair my brakes it will void my warranty. and this car comes with the 100k power train warranty. If my trans goes next I will have to pay for that, and I DON'T have that kind of money. I have settled with the $4,000 that I got from them.... at least I got that.
  • tboner1965tboner1965 Posts: 647
    How does a brake repair done by another mechanic void your powertrain warranty.

    The powertrain warranty probably doesn't cover the brakes, so how does maintenance and repair on that item void the warranty?

    You might want to have scheduled maintenance done at the Kia dealer (if you can trust them) otherwise, if you can't trust them with the work you pay for, what really makes you think the warranty will be worth much?

    They get paid a lot less for warranty work than the labor rate you pay. So what do you think will happen to the quality of the work?

    Get out of the car now, sell it and move on. Cars are built everyday, so if you don't like the one you have, get another one.

    TB
  • swschradswschrad Posts: 2,171
    if they haven't gotten it done, and won't buy it back, trade it someplace else and be done with it. run, very fast.
  • Hi everyone. I was wondering how many Kia Sportage owners have experienced this? I have been told "off-line" that this has been an re occurring problem, but when you talk to the dealerships, they have never heard of it. I know of one person that had the same problem. I just wanted to know if there was anyone else that was having this same problem, even if the Sportage was still under the factory warranty. My fuse keeps blowing, and I am on my extended warranty. The service department wants me to let them run a diagnostic test on it, and that is going to cost me $60+/hour. I am not real good at checking back to the message board so, if anyone has experienced this, and they are willing to express it to a dealership or whoever needs to know, then please contact me at CarlyALenz@aol.com. Thank you, Carly
  • zueslewiszueslewis Posts: 2,353
    you'll never get a dealership service person to say out loud that a particular vehicle has a repetitive problem. The warranty administrator is usually on the servicee manager about interaction with consumers.

    Sportages have repetitive wiring issues usually dealing with the main engine compartment harnesses - these problems affect the engine management system, HVAC and power window/lock systems.

    Stay on them until they fix it.
  • I had the same problem with the window fuse. It started shortly after I got the car, about 1000 miles. I finally got them to look at it when they were doing recall work and the said it was a common problem (never ask the service department manager, ask the mechanics about problems). The wiring is bad in the Sportage, well not so much of the wiring but the protection and care of the wiring. The wires going through the door get crimped and eventually rub through and touch the metal door, causing the fuse to blow. Best of luck getting it fixed. I just traded mine in because I was tired of it being in the shop\.
  • rkw2rkw2 Posts: 66
    There are places on teh web that will give you advcie to help you get a manufacturer to take back a car under the lemon law. They have step by step guides telling you what documentation etc you need. Also some of the larger book stores (Borders, Barnes and Noble) have similar books. If you go in unprepared you won't have a case as the manufacurer is experienced at fighting it.

    A few years ago my brother got Ford to take back his Windstar. He had signed up with a legal service as an employee benefit where he works. They advised him how to do it.

    Good luck to you.
  • zueslewiszueslewis Posts: 2,353
    you're in New Jersey, Pennsylvania or Delaware.
  • I have been reading all the problems that people are having with their Sportage and I'm sorry for you. I just thought someone should speak up about a good one. I bought it knowing that it was a low end Compact SUV and did not expect it to be a $36,000. SUV and was only going to keep it for a year or two. But I was wrong my Sportage has been GREAT. It's alittle under powered to get up to speed on a take off but that is my only complaint. Well I should not have gotten leather seats as they are hot but that's my fault. I've taken it to the dealer two times for small items front wheel bearing adjustment and spare tire latch cable broke. Both times the dealer did a lot of other things that I did not expect. They put 4 new wheels on one time because they said the clear coat was getting bad, they also put all new belts on at 28,000miles because they thought they where too loud and the last time I had it in at 34,000 miles they put complete front CV axles, bearing plates, brake pads, and new rotors. I don't know why and I didn't ask. But the dealer has been good to me. I have 65,000 miles now and I'm going to give the cute little thing to my wife to drive as she loves to drive it. I wish you all had as good a Sportage as I have.
  • lokkilokki Posts: 1,200
    at 34,000 miles they put complete front CV axles, bearing plates, brake pads, and new rotors..

    It seems more like you have a great dealer...
  • boredbored Posts: 300
    Well, it weighs 3200 pounds (On average), with a little 2.0L engine with 127LB-FT of Torque. I wouldn't expect it to be much of fast. But it is, when you try hard to get it up there. Freeway passing is fine.

    True, the dealers are the problems with these cars. The owners have some play in it also. We haven't had any major probs. Our cupholder broke from too much pressure, and I can believe it. It's my fault. I stuck a Pepsi in, with too much force...

    So on to the dealer we go...to get another cupholder, which will be kindly replaced under warranty. Don't you just love those? Quite a long one too. I have noticed the clear-coat problem on the wheels, and the brake dust sticks to the worn part. Mother blames me saying that I never clean her wheels enough. I think I'll tell her the problem. It actually exists on many cars. I wonder what's wrong with wheels these days? Overall, no problems. No catching fire, no stalling, no idle problems, no nothing. Maybe something's wrong with our Sportages, since they have been trouble-free?
  • bored-

    The problem with wheels these days is that a lot of companies are putting alloy wheels on low-end models in order to fit in with the "phat rimz" fad, but they can't afford to put decent quality alloys on these cheaper models. So, you get junk. They should really just put steel rims on all entry-level models, and if people want alloys, they can pay full price and get ones of reasonable quality.

    -Andrew L
  • can you buy cars and trucks on this web site at a dealer I see a few interested in
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