A common question visitors to MCV often ask us is – why wasn’t their car included in the recent automotive class action settlement? It’s fair question. And can be frustrating feeling like the company behind the problem seems to have ignored your model year.
But before we get into the details, let’s first answer the question of why your car hasn’t made the cut for a recent class action settlement question.
Because the vehicles in the settlement have a similar and high incident rate of failure, whereas other model years were not within that same category of failure.
In this issue of Ask MyCarVoice, we explain why some vehicle model years get skipped over. However, even if being mechanically similar, and facing the same problems.
You asked – we answered.
Why Wasn’t My Car Included in the Class Action Settlement?
The reason a certain model year vehicle may not be included in an automotive class action settlement can vary. Fact is, it could be due to a difference in the manufacturing process, or the type of defect that is being alleged.
However, the most common reason for why your model year is not included in a recent class action settlement comes down to the incident rate of failure.
Simply put, it’s the model years with a documented history of a high rate of failure. This failure could be due to a manufacturing, design, or even software defect.
Additionally, some class action suits may only include vehicles sold in certain geographic regions or with specific options or features.
The exact reason for this would depend on the specifics of the class action suit in question.
My Car Has The Same Defect, What Can I Do?
Now you understand why certain model years weren’t included in a settlement. Now, let’s address steps you can take to get some relief.
First, it’s important that you have your vehicle examined by the dealership. Make sure care is taken in documenting the problem.
Next, make the dealership aware of the similarities between the problem with your vehicle, and the vehicles in the settlement. The best option is to work with the dealership on a resolution to the problem.
Simply put, if the dealership is unable to provide a satisfactory solution, connecting with other owners through Facebook groups, consumer advocacy groups or discussion forums may provide deeper insight into issues that still may be legally pursued.
Finally, don’t hesitate to consult an attorney who specializes in lemon law. A lawyer specializing in lemon law will be best able to offer advice and help find a positive outcome.
This can be a challenging and frustrating situation. Thankfully, there are some useful steps you can take to seek a resolution.
Have a Burning Car-Related Question?
We’ve got your back! Send us your questions and we’ll answer you as part of our Ask MyCarVoice series. Get the answers you need today – 100% free!
Managing Editor
Christopher is an automotive technical writer. When he’s not at the local autocross event, he can often be found working on one of his cars. Specializes in automotive class action law, industry trends, and automotive maintenance. Email me direct, or learn more about us
Yasmine
October 31, 2023 at 5:55 pmI have a 2017 Tucson with 57,000 miles and have a warranty of 10 year and 100,000 miles unfortunately it’s not an NU engine but the connecting rod had broke off and flew through the engine. I couldn’t get all the maintenance records at the moment but when the mechanics at the Hyundai dealership opened my engine there was no sign of sludge or maintenance neglect, still Hyundai flagged my vin and voided the warranty. Once I was able to receive all maintenance records and sent them the dealership resubmitted another claim and Hyundai still declined it. How should I go about this?
James
April 10, 2023 at 11:18 pmHi there,
I just recently acquired a 2014 Veloster turbo 1.6l. 137,000 miles. It started knocking… i tried to register it with Hyundai but i had to submit registration of new ownership before i could proceed. It had been parked. Do i need to wait for a letter before proceeding with having the engine being inspected and trying to get it replaced or repaired by Hyundai? I do not know how to go about this.
Christopher Rossen
April 13, 2023 at 8:43 amJames, I suspect this car was purchased “As Is” meaning no warranty. If that is the case, you have very limited options. You will need to see what the dealership is willing to help with. If the car did come with a warranty, look at the exact details of the warranty and what it covers. Then you may have some recourse for action. Hope this helps.