Need the smart brains of lambopower.

Alright, so I've been posting here and there, but for those who don't know, my name is Ricky, and I am the new marketing guy over here at SPE. One of my main points of daily work at the moment is getting to know this forum and what not. Throughout the past few weeks, I've noticed quite a few of you are incredibly knowledgeable when it comes to legal matters, so I decided posting my concerns here would serve well. In short:

 

2012 Hyundai Genesis 3.8 RSPEC coupe - My first "sports car" bought at the age of 21 with my hard earned proud money, amazing car for someone with my income and age, compliments daily, more than enough power and sound to suit my needs, I love this car.

 

Starting at 19,000 miles (34,000 miles as of today) I started having throttle issues (surging at idle, surging at low speed, limp mode at least once a day.

 

Throttle body replaced, issue fixed. 10,000 miles later, issue arose again, it has to this day remained unfixed. Dealership has attempted to repair the car 5 times, and it has spent a total of 17 days at the dealership in it's life. I even took it to a dealership that had a master technician, no luck.

 

Finally, at 34,300 miles, the surging got to a point where the car was undriveable. It would lurch so hard at low speeds it was as if I was trying to run people over. Limp mode came on twice, and I gave up. Currently driving a rental car.

 

The main point of this post: After sending multiple documents to the attorney's office, all the records, all the files, all the resources I had giving further information about my issue, all the records of every single time an issue occurred, blah blah blah, I received a copy of the demand letter sent to Hyundai. It was a simple paragraph, stating the issue, and declaring the car unsafe and unreliable, with a request for Hyundai to buy back the car. That's it. All the evidence I had, all the documentation, and that's all that was sent. Now I must wait 30 - 45 days just to POSSIBLY hear back from them.

 

I put together a video of the surging, and the limp mode, I asked the attorney if he wanted me to put it on youtube so that it could be a direct public link, his response was "Ummm sure, although I'm not sure how I will be able to save it.." He didn't sound confident in the slightest, and almost acted as if there was no point in the video. I want this video sent to Hyundai, I want them to see the evidence I have, I want to send a note regarding the fact that I literally almost ran over a person the other day in a parking lot because my car surged and jumped forward, the person even yelled at me. This should all be clear grounds that this car is a lemon and it needs to be taken back. But the attorney seems so "Oh what we sent was more than enough."

 

How should I handle this? Do I demand the attorney to send what I requested? Do I wait for the response, and then try again with a different attorney? What are my rights in this situation? (They told me to never speak to anyone at Hyundai directly as they now represent me) I simply just don't have the money and time to afford more than this 30-45 days. I drive 40 miles to SP 5 days a week and renting cars, borrowing cars, etc is incredibly daunting. I'm sorry for such a long post, I really am, but any advise would be greatly appreciated..

As a non-attorney but having dealt with a few for various issues I can offer this bit of advice.

 

1. You should interview your attorney and formulate the gameplan before you pay them. If you don't feel they are representing you adequately or aggressively enough, then you need to find a new attorney. The aggression level will vary with your position in the argument and your financial means to pursue things.

 

2. Once you have an attorney, you should not be in any discussion with the other party without the attorney present. You can only fcuk things up. If you feel you can do a better job than your attorney, they revert to point 1 and do a better job there before you sign the retainer.

 

 

Sorry for the shitty position you're in, but these things do not get settled quickly. I would return the rental and buy a commuter/beater for a couple grand and drive that until this is resolved, then sell the POS. Or weigh out your options, and see what it's really going to take to fix your car. You might come out ahead just finding/fixing the problem if at all possible vs cutting checks to the attorney. You're pretty much in a lengthy and expensive pissing match, and on the short end of the time and $$$ side of things.

 

Best of luck man.

Drive it through the showroom window.

Drive it through the showroom window.

 

last resort. maybe I can claim the throttle opened itself.

 

as far as paying the attorney goes, there was no money spent. The lemon law attorney's are paid by the manufacturer, they explicitly state if they lose, they gain no money, if they win, they gain it from the manufacturer. As for the attorney's office, I was referred by a couple of people, and their reviews online are considerably good enough to trust. It's really difficult to handle situations like these while being a full time student. I have made plans actually to buy a miata for the time being so hopefully that works out.

 

Also, there really is, in my opinion no hope in fixing this issue myself. It is believed by many, including my knowledgeable friend, that this is an electrical gremlin of some sorts, and if the throttle body replacement fixed it once, why did it act up again? It is quite the mystery.

 

I'm mostly upset because the moment the demand letter was sent, the attorney, who seemed very knowledgeable, handed me off to his assistant, who is the one who made the comment about the youtube link. Do I have the right to demand I work with the original attorney?

How should I handle this? Do I demand the attorney to send what I requested? Do I wait for the response, and then try again with a different attorney? What are my rights in this situation? (They told me to never speak to anyone at Hyundai directly as they now represent me) I simply just don't have the money and time to afford more than this 30-45 days. I drive 40 miles to SP 5 days a week and renting cars, borrowing cars, etc is incredibly daunting. I'm sorry for such a long post, I really am, but any advise would be greatly appreciated..

 

 

Your attorney is doing what you hired him to do. Get your money back... If I were him, I would tell you, "under no circumstance should you put our evidence on youtube." There may come a time and place where hyundai gets to see your evidence. We in the law biz, call that time, "discovery" and that place "a court room".

 

You're jumping the gun.... The process is going to take what its going to take... The only way it ends sooner is with you fcuking up the case and losing. So, ask yourself this- If I lost tonight, what would I do to get my ass around? And go do that. Make permanent plans for this going against you (go buy a $500-$1000 car, thats got to be cheaper than renting one- damn!)... And then hope for the best.

 

 

 

 

 

 

 

 

BTW... Not for nothing, but it sounds to me like you've got a spark problem... Id check the plugs, wires and distributor....

Your attorney is doing what you hired him to do. Get your money back... If I were him, I would tell you, "under no circumstance should you put our evidence on youtube." There may come a time and place where hyundai gets to see your evidence. We in the law biz, call that time, "discovery" and that place "a court room".

 

You're jumping the gun.... The process is going to take what its going to take... The only way it ends sooner is with you fcuking up the case and losing. So, ask yourself this- If I lost tonight, what would I do to get my ass around? And go do that. Make permanent plans for this going against you (go buy a $500-$1000 car, thats got to be cheaper than renting one- damn!)... And then hope for the best.

 

 

 

 

 

 

 

 

BTW... Not for nothing, but it sounds to me like you've got a spark problem... Id check the plugs, wires and distributor....

 

 

so I should remove the video from youtube and send it to him privately? I suppose what it boils down to, is I feel as if they are handling this too passively, as if they want them to deny so that they can suggest a lawsuit, which I do not have the time and money for by any means. I don't want this to lead to a lawsuit.

 

But thank you, I'm searching for a beater right now, and I'll look into the spark issue.

BTW... Not for nothing, but it sounds to me like you've got a spark problem... Id check the plugs, wires and distributor....

 

 

Stick to the lawyering Erik, his car has no wires or a distributor.

 

I agree with Erik, let your lawyer do his job. I've lemon lawed several cars, it's cut and dry but it takes time.

Stick to the lawyering Erik, his car has no wires or a distributor.

 

I agree with Erik, let your lawyer do his job. I've lemon lawed several cars, it's cut and dry but it takes time.

 

Then what the hell does the carbeurator deliver the fuel too???

 

 

Is the choke switch in the wrong position?

California is the most consumer friendly state for Lemon Law. That said, I would be shocked if you got anywhere as the last time I checked, Lemon Law only applied to the first 12k miles of use, or the first 12 months, whichever came first. As for the attorney, they know what they are doing. CA will Lemon Law a car pretty quickly and efficiently if there are grounds.

 

Good luck with your case. I think you are out of time, and miles, but I wish you the best none the less. Keep us posted.

Then what the hell does the carbeurator deliver the fuel too???

 

 

Is the choke switch in the wrong position?

GLOL

Then what the hell does the carbeurator deliver the fuel too???

 

 

Is the choke switch in the wrong position?

 

 

 

I think the choke is electronic in those cars!??

so I should remove the video from youtube and send it to him privately? I suppose what it boils down to, is I feel as if they are handling this too passively, as if they want them to deny so that they can suggest a lawsuit, which I do not have the time and money for by any means. I don't want this to lead to a lawsuit.

 

 

Hyaundai is a multi national mega corporation.... They have a gazillian attorneys... Your youtube vide is not going to frighten them into moving one second faster than they otherwise would...

Then what the hell does the carbeurator deliver the fuel too???

 

 

Is the choke switch in the wrong position?

 

I'm not sure.. let me go check..

 

 

California is the most consumer friendly state for Lemon Law. That said, I would be shocked if you got anywhere as the last time I checked, Lemon Law only applied to the first 12k miles of use, or the first 12 months, whichever came first. As for the attorney, they know what they are doing. CA will Lemon Law a car pretty quickly and efficiently if there are grounds.

 

Good luck with your case. I think you are out of time, and miles, but I wish you the best none the less. Keep us posted.

 

No, it is 18 months, which I fell under. I was also told

 

"No. Under California's lemon law, there is no such time limit or mileage restriction with respect to the qualifications, as long as your problems started while your car was under warranty, you can initiate your claim. The Song-Beverly Consumer Warranty Act applies for the entire period of your warranty. If the 18 months is met however, then the consumer need introduce no further evidence to prove that the manufacturer has had a reasonable number of repair attempts."

 

 

Hyaundai is a multi national mega corporation.... They have a gazillian attorneys... Your youtube vide is not going to frighten them into moving one second faster than they otherwise would...

 

yeah yeah I know.. the video was a result of an asshole technician trying to claim my issues might have to do with my speed sensors, which in turn caused them to deny me any attempt to repair unless I agreed to pay for replacing my rear speed sensors. Considering the video shows the CEL and LIMP mode coming on at idle....

California is the most consumer friendly state for Lemon Law. That said, I would be shocked if you got anywhere as the last time I checked, Lemon Law only applied to the first 12k miles of use, or the first 12 months, whichever came first. As for the attorney, they know what they are doing. CA will Lemon Law a car pretty quickly and efficiently if there are grounds.

 

Good luck with your case. I think you are out of time, and miles, but I wish you the best none the less. Keep us posted.

 

Like you said, California is very liberal especially when it comes to things like this. A friend of ours had his Avalanche Bought back with almost 100k miles. However, he did have the 7yr 100k warranty. Fortunately for him, the dealer took care of the buy back, he didn't have to deal with lawyers.