Hyundai ‘Park Outside’ Recall and California Lemon Law
March 25, 2024- Categories: Lemon Law
One of the jobs of regulatory agencies is to ensure the safety and protection of citizens who buy consumer products. Federal agencies in the U.S. often force vehicle manufacturers to recall various makes and models to fix defects that could be dangerous or life-threatening to consumers. A recent recall by Hyundai urged vehicle owners to park their cars and trucks outside to avoid potential fires, leaving consumers to wonder if the Hyundai ‘park outside’ recall qualifies for California lemon law protection.
What is the Hyundai ‘Park Outside’ Recall?
The National Highway Traffic Safety Administration (NHTSA) issued a statement warning consumers who purchased certain models of Hyundai and Kia vehicles to beware of fire dangers and take precautions, including leaving their vehicles outdoors rather than parking in garages and other structures. The recent statement reads in part:
Hyundai Motor America and Kia America have issued “park outside” recalls for more than 3.3 million vehicles due to the risk of fire.
Until these recalled vehicles have been repaired, the manufacturers say the safest place to park them is outside and away from homes and other structures. Fires can occur whether the vehicle is parked and turned off or while driving.
The vehicles affected by the recall have anti-lock brake system modules that can leak brake fluid internally and cause an electrical short. This electrical short could result in abnormally large overcurrent in the ABS module, increasing the risk of an engine compartment fire regardless of whether the vehicle is being driven or is parked. Hyundai has said it plans to notify owners to bring vehicles to their nearest dealership to replace the ABS module fuse.
Hyundai’s safety recall (NHTSA ID: 23V-651000) applies to these vehicles and model years:
- 2012-2015 Accent
- 2012-2015 Azera
- 2011-2015 Elantra
- 2013-2015 Elantra Coupe
- 2014-2015 Equus
- 2011-2015 Genesis Coupe
- 2013-2015 Santa Fe
- 2013 Santa Fe Sport
- 2011-2015 Sonata HEV
- 2010-2013 Tucson
- 2015 Tucson Fuel Cell
- 2012-2015 Veloster
- 2010-2012 Veracruz.
Hyundai has said that it does not know of any crashes, injuries, fatalities, or other harm to humans associated with this vehicle defect. To date, 21 Hyundai vehicle fires and 22 thermal incidents, including visible smoke, burning, and melting, have been reported in the U.S.
How to Determine If You’re Affected by the Hyundai ‘Park Outside’ Recall
Hyundai car and truck owners can click on NHTSA.gov/recalls and enter their 17-digit vehicle identification number to determine whether their vehicle is under the ‘park outside’ recall. If it is, owners should immediately call their nearest dealership to schedule a free assessment and repair. Hyundai vehicle owners can also download NHTSA’s SaferCar app and enter the vehicle, tires, car seat, etc., and the app will push a notification if a recall is issued. A Hyundai lemon law attorney at Neale & Fhima can also help you determine whether your vehicle is under recall.
Would This Fall Under the California Lemon Law?
Whether the ‘park outside’ defect would fall under the California lemon law depends on whether Hyundai can adequately fix the problem in your vehicle. If the manufacturer, through a recall, can demonstrate that it successfully repaired and/or replaced any parts that could potentially cause a fire in your vehicle, then courts would likely consider this an adequate remedy for a consumer. However, if you have taken your recalled vehicle to a Hyundai certified dealership several times to have the ‘park outside’ defect repaired, and still have doubts about whether the problem has been corrected, you might qualify for California lemon law protection. This is particularly true if you have evidence that your Hyundai is emitting visible smoke, a burning smell, or other indications of overheating and potential fire even after several repair attempts have been made.
To ensure that you preserve your right to file a lemon law claim if needed, save all receipts, work orders, appointment reminders, and spare parts from your repair appointments so that you have proof that you made a “reasonable number of attempts” to get the problem fixed. Then contact a skilled and experienced lemon law attorney to discuss your legal options.
What Happens If the Fix Doesn’t Work?
If the fix doesn’t work after at least two repair attempts, then you could qualify for a lemon law remedy, including:
Repurchase
By filing a legal claim, you can force Hyundai to repurchase your defective vehicle and refund the purchase price. This mean Hyundai would have to refund your payments, downpayment, interest, taxes and more.
Replacement
Your lemon law attorney, through a successful lemon law claim, can force Hyundai to replace your defective vehicle with the same or a substantially similar Hyundai vehicle that is defect-free.
In some circumstances, our Neale & Fhima lemon law attorneys can also negotiate a lump-sum payment to compensate clients for the defect, and then they keep the vehicle they have.
California Lemon Law Statute of Limitations
The statute of limitations for filing a lemon law claim in California is four years from the date you knew or should have known that the vehicle was a lemon. This does not mean that you cannot bring a lemon law claim if you have had your vehicle for more than four years. In some instances, people have been able to resolve lemon law claims with vehicles more than 10 years old. After the statute of limitations has passed, a judge may dismiss your case. At this time, you are fully responsible for any costs to repair any vehicle defects, even if you did not cause them. A Neale & Fhima attorney would be happy to take your call and advise you about whether your Hyundai vehicle qualifies for a lemon law claim in California.
Call Neale & Fhima Today
If you believe your Hyundai vehicle is affected by the ‘park outside’ recall and qualifies as a lemon under California law, don’t hesitate to contact our experienced legal team. Even if you’re uncertain whether the recall affects you, give us a call anyway and we can help you get answers. If the California lemon law does apply, we will file a claim on your behalf. Your rights as a consumer are critical, and we are here to ensure your rights are protected. Our countless satisfied clients speak volumes about the professionalism and skill of our lemon law litigation team. Contact Neale & Fhima today at 949-661-1007 for a free initial consultation. We will explain your legal rights and work hard to get the justice you deserve.
Attorney Aaron Fhima
Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.
