Statistics are nice but here's the thing: When a thing happens to you, the chance of it happening goes to 100%, and of course sometimes this is not fun.
I can offer some perspective with the Kia lemon law process, as I am still in the middle of it. The biggest tips I can give you, be calm, keep all your paperwork in order and most of all be patient. Each state has a different process, so be sure to check your states requirements and rules.
In my case, It started with sending via certified mail a "notice of repair" to both Kia corporate in California and my state attorneys office.
Once that was done, Kia responded directly and evaluated my situation. Once it was verified that my car definitely met the criteria for being a lemon, it was about 3 or 4 days and I was sent an offer letter to either initiate a buyback, or repair the vehicle (timeframe unknown) and get a check for compensation and keep the vehicle with all warranties still intact. It was about 10 days from the time they received the notice until Kia called me back.
Once I selected the buyback option, there were a lot of documents I had to submit for them, including the original sales paperwork, vehicle registration, payoff statement from the bank, and proof that all payments are up to date on the loan. They also required all repair orders associated with the defect.
Once your "packet" is completed and submitted by the Kia representative , it then goes to their "audit department" where it will be processed and eventually the loan will be paid off, the vehicle surrendered and any final payment check issued to you. This part of the process is currently taking 60 to 90 days according to Kia.
For me, this means I will need to continue making the monthly loan payments until that process closes out. I will however be reimbursed for these additional payments.
Depending on your transportation available to you, you may end up still making payments on the Kia and whatever new vehicle you purchase to replace it simultaneously for a few months, which is what I am facing.
If you elect to have Kia replace the vehicle with another like vehicle from Kia, that process could take MUCH longer. I was quoted up to a full calendar year for that to take place.
If you are considering doing this process while in possession of a dealer provided loaner / rental be aware, many dealers have policies that they will take loaner away from you once they find out you are doing the buyback option. Basically they will completely stop communicating with you and yank that loaner out from under you, regardless if your Kia is repaired or not. This is why I elected to purchase a new vehicle now so that I am ensured to have transportation. Not to mention, in the current market for new cars, there isn't much out there to buy, and who knows how long a factory order would take.
IF the dealer does pull the loaner away from you, it might be possible for Kia to somehow provide or pay for a loaner to bridge the gap, but I have no idea how that would work.
It would be best to engage the services of a lawyer to navigate this whole process, but I managed to do it on my own. A lawyer would like get the maximum out of Kia, but they come at a steep cost. I was quoted $5,000 and told that there wasn't enough leeway in my case to pay him, so I would have had to pay him up front, which is why I decided to go it alone. You might find attorneys more willing to work with you, and if the case goes to court in front of a judge, they will force Kia to pay your attorney fees, but if lawyer negotiates a settlement out of court, then you would likely be paying for them directly.
In situations where it isn't a clear cut example of a lemon vehicle, an attorney would be more likely to get Kia to buy your car back.
One more thing to add here, if you decide to purchase a new vehicle during this process as I did, if you have debt to income ratio issues with having a second new vehicle loan on your credit, most banks will work with you , if you provide them the documentation showing that your are having the vehicle bought back by Kia. Part of the process will involve Kia having you authorize them to communicate with your bank directly to verify the process has been initiated. During the overlap period you are obligated to keep the lemon vehicle fully insured and valid registration/tags and continue making the loan payment until the lemon is surrendered. If the old vehicle runs, they may request you to remove it from the dealer service department and store it on your property until the surrender date.
