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Legal question re: class action suit/car repairs

Posted on 3/1/16 at 11:13 am
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36402 posts
Posted on 3/1/16 at 11:13 am
My car belongs to a class of vehicles which I learned was part of a class action suit for a manufacturer's defect. We only learned this after said defect caused a problem with the vehicle. My car is now in the shop and repairs fall outside of warranty for $400+. Naturally the service employees had no clue what any of this legalese means.

Unfortunately, the settlement paid out a few years ago so I'm excluded from participating. None of this was reported on the carfax for the vehicle when I bought it. Is there any way out of me paying for this service charged for something that is plainly the manufacturer's frick up? Participants in the settlement have free repairs on this issue but people who bought their vehicles after are SOL?
This post was edited on 3/1/16 at 11:14 am
Posted by Rover Range
Member since Jun 2014
2768 posts
Posted on 3/1/16 at 11:18 am to
you should run your Kia into the nearest creek, and claim total loss.
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 3/1/16 at 11:23 am to
(no message)
This post was edited on 8/8/20 at 10:30 am
Posted by CajunInFL
New Orleans, LA
Member since May 2007
1953 posts
Posted on 3/1/16 at 11:26 am to
Dealership should goodwill the repair. Ask to talk to the Service Manager, he/she should be very aware of the issue.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18895 posts
Posted on 3/1/16 at 11:29 am to
Yeah. That's not going to happen.

Says the guy with the 2009 Tahoe that has the well known issue with the hydraulic lifters. On my second set of $1500+ repairs for the same cylinders.
Posted by CajunInFL
New Orleans, LA
Member since May 2007
1953 posts
Posted on 3/1/16 at 12:29 pm to
Unfortunately, he's got a claim if the Carfax didn't disclose the issue. I know of at least one case in CA that the dealer paid out due to an issue not being disclosed.
Posted by FearTheFish
Member since Dec 2007
3753 posts
Posted on 3/1/16 at 1:07 pm to
quote:

one of this was reported on the carfax for the vehicle when I bought it.


How long ago did you buy it?

quote:

which I learned was part of a class action suit for a manufacturer's defect


When/how did you learn of it?

You may have a case against the seller for redhibition, but it's very hard the longer you draw it out.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36402 posts
Posted on 3/1/16 at 1:18 pm to
Bought it back in 2012 or 2013. At this point they had reached a settlement and I'm therefore excluded from participation...keep in mind we didn't learn about this suit until about a month ago or so. We only learned about it because I was troubleshooting on the internet and stumbled upon it.

Like someone said I wouldn't spend money on legal fees just to recoup a $450 loss, but I was hoping I could force the dealer's hand to repair it for free. I mean what if the same issue pops up down the road and I have to pay for it again? Tough shite I know but seems completely absurd.
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