Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

We bought a brand new Hyundai Sante Fe in May. Since then we have had intermittant transmission issues. I brought the vehicle in at 5K miles due to it. Between 20-24 mph, if I take my foot off the gas and coast, when I then put my foot back on the pedal, either the tranny slips or it slips and then slams into gear and bucks forward (as if I was rear ended by a Mac truck). They looked at the car and said that it was the computer assisted transmission. that the computer learns how the driver drives and that the vehicle should only have one driver They reset the computer and sent me on my way. While I feel this is a cop out, DH and I have made a effort to only have me drive this vehicle. Well, its been happening again. To be honest, I have a 1 year old and bringing my vehicle in everytime I have a slippage or bucking issue, it completely inconveniet...especially since the vehicle is SIX months old.

So yesterday, I take DS to go food shopping. As I am making a left onto Middle country road, traffic started slowing, I take my foot off the gas to coast and then go to change lanes. the tranny slips, slams into gear and I nearly had an accident witht he car in front of me. I am shaken up, but I pull into waldbaums, do our shopping and then when I come out, the vehicle wont start. Fine, I have a warrantee. Fine, I have road side assistance, but this is a brand new friggin car that I now need to have towed and be without a vehicle.

I started doing research about NYS lemon law and see that you need to have at least four complaints about the same thing within 2 years. That is certainly not going to be an issue at this rate. I also found a whole forum devoted to people who have the same issue with the tranny/computer module (of which there is no fix for).

I thought that on the off chance, if anyone had experience with the lemon law, they could tell me how the process went. TIA

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

I don't know how my mom did it, but my brother's truck was a lemon, and they did get to turn it in and get a new car/money back towards a new one.

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

DH went through 6 transmissions with his 2001 Hyundai Tiburon...couldn't get a dime under the lemon law.

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

Posted by Domino

Posted by neener1211

I don't know how my mom did it, but my brother's truck was a lemon, and they did get to turn it in and get a new car/money back towards a new one.

is there a way you could find out the process? How long was it from start to finish? Did they do arbitration? any info would be greatly appreciated!

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

Found this link:NY Lemon Law


And these are important points to take note of. I would suggest bringing the car in every single time you have this issue...even as annoying and inconvenient it is.

What Is The Manufacturer's Duty To Repair?

With respect to those covered cars sold and registered in New York, the law imposes a duty upon the manufacturer to repair, free of charge and without any deductible, any defect covered by warranty, if the consumer notifies the manufacturer or its authorized dealer of such defect within the first 18,000 miles of operation or two years from the original delivery date, whichever comes first. Once timely notice of the defect is given, the manufacturer may not charge for the repairs, regardless of when the repairs are performed. Any consumer who has been charged for such repairs or a deductible during such period should contact the Attorney General's office.

What Should Consumers Do If They Become Aware Of A Problem With Their Car?

The consumer should immediately report any defect or "condition" either directly to the manufacturer or to its authorized dealer. A "condition" is a general problem, such as a difficulty in starting, repeated stalling, or a malfunctioning transmission, that can result from a defect of one or more parts. If the consumer reports the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days. Under the law, notice to the dealer is considered notice to the manufacturer. Unless otherwise advised by their lawyer, consumers should continue to make their monthly payments if the car is financed or leased. Failure to do so may result in a repossession which may adversely affect a consumer's lemon law rights.

What Should A Consumer Do If The Dealer Refuses To Make Repairs?

If the dealer refuses to make repairs within seven days of receiving notice from the consumer, the consumer should immediately notify the manufacturer in writing, by certified mail, return receipt requested, of the car's problem and that the dealer has refused to make repairs. A sample notice to the manufacturer may be found in this book.

What Must The Manufacturer Do Upon Receipt Of The Consumer's Notice Of The Dealer's Refusal To Make Repairs?

The manufacturer or its authorized dealer must commence repairs within 20 days from receipt of the consumer's notice of the dealer's refusal to make repairs.

What Are A Consumer's Rights If The Manufacturer Does Not Meet Its Duty To Repair?

If the problem is not repaired after a reasonable number of attempts, or the manufacturer or the dealer refuses to commence repairs within 20 days from the manufacturer's receipt of the "refusal to repair" notice from the consumer, and if the problem substantially impairs the value of the car to the consumer, the manufacturer, at the consumer's option, must either refund the full purchase or lease price, or offer a comparable replacement car.

Does The Law Specify The Number Of Required Repair Attempts?

It is presumed that there have been a reasonable number of attempts to repair a problem if, during the first 18,000 miles of operation or two years from the original delivery date, whichever comes first, either: (1) the same problem has been subject to repair four or more times and the problem continues to exist; or (2) the car is out of service by reason of repair of one or more problems for a cumulative total of 30 or more calendar days and the problem continues to exist.

Re: Here's a Long Shot...Anyone been sucessful with getting money back under Lemon law?

Yes! My boss did with his last Jaguar. I went through NY Attorney General. They sent the paperwork, we filled it out and sent it in. The process was not that bad and my boss got back about 80% of what he paid for the car. You need to have a paper trail and a log of all the times you brought the car in to the dealership for repair/servicing.