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So I have a Hyundai car that has a recall that was issued in 2008 for the airbags. The recall said that all cars from 2006-08 have the POTENTIAL for the airbag sensor to quit working, and unless your airbag light comes on, then owners do not need to worry about the recall.
So all was well until 2010 when my airbag light came on. I took it to the dealership (car was still under warranty) and the mechanic checked it, found several codes on the computer, and he said he checked them all, and everything was fine with the airbag, and it must have been a low battery that caused the airbag light to come on.
Fast forward to the fall 2011 (5k miles out of warranty) and my airbag light comes on again. I again take it to the dealership, and they confirm the airbag sensor is bad, and that it would be over $1k to fix it. I tell them there is a recall on it, and it should be covered. They go back to their computer for about 10 minutes or so and come back and say my vehicle isn't part of that recall. We go back and forth for a little while, and then finally leave with a note on the service slip that stats my vehicle is not and has not ever had a recall for the airbag.
A few days later, I called Hyundai Corporate, and talked to their recall department. They talked to the dealer, and after almost an hour on the phone with them, they sided with the dealer, saying there is no active recall for my vehicle.
So then I filled a complaint with the NHTSA, and through some research on their site I have copies of all documents that Hyundai filled with NHTSA which states that my vehicle DOES match the recall, and that all of my model car, in the year my car was manufactured HAS THE POTENTIAL for the airbag sensor to quit working. In the Service Bulletin, it stats that if error code x is found, then the dealership should do the work, and on my repair slip for the estimate, it stats, error code x is what is wrong. The bulletin also stats that since not all vehicles need to have this work done, only the cars with the airbag light on, that the recall will not show active in their computers.

So now I'm stuck with what to do. The car dealership is 120+ miles round trip, and anytime I have to go I have to take a day off of work. I have already taken 2 days off from work for this issue. I have also spent almost an entire afternoon talking to them on the phone. So I have already given them 3 chances to fix it.
But now with this new information, I'm not sure if I should drive the 120 miles, and take another day off of work to have them fix the problem, or at least see if they will, which I have my doubts, or if I should go to the courts.
I have no doubt in my mind that I could win in small claims court, even representing myself, but then I wonder if I should get the help of a lawyer to get more money for all my time/energy put into this. Having a recall fixed shouldn't be this hard, and Hyundai Corporate should know about their recalls.

If I go the small claims route, can I file it in my county, or does it have to be in the county where I bought/serviced the car (where the dealer is). Also would I sue the car manufacture, or the dealer? Or should I get the help of a lawyer, and forget the small claims ? Or should I do something else ??

Thanks for your time/help/suggestions.

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Any chance of dealing with a different dealership at some point ? Maybe even take a small weekend vacation in some larger city that has a different dealership ?

If corporate is not going to back you at this particular dealership your most sure recourse may be to change the playing field or simply have the sensor disconnected and live without an airbag (probably 98% of them are never needed).

so what is the problem? Call Hyundai corporate office and let them know that NHTSA filing from Hyundai includes your car. Once they see their own filing, they will side with you.
You won't get any money out of this. If you win in the small claims court, the judge will ask the dealer to fix it.
You should have called the dealership before driving 120miles out there. I live only 2 blocks away from my dealer yet I call before dragging myself 2 blocks.

No suggestions but just want to say I'll now not so highly of Hyundai anymore. GL

@ChefJoe - I could go to a different dealership sometime, but the reapir takes 3 days, as the piece has to be sent away to be reprogrammed, and I they are supposed to give me a rental while it is being fixed. I could also ignore the airbag light, but why, when they are required by law to fix the recall!
@Pum - I did call Corporate, and talked to them for almost an hour, but their computers say the recall is not active for my vehicle, and they stand by what the computer in front of them says. They wouldn't/couldn't look into the recall # to see much detail about it, including what vehicles were and were not included in the recall.
@mmyk72 - Same here.

Forget about recall. The dealer should have been able to secure a good will repair from the MFQ. You have documented service call under warranty. Beyond that a dealer can also just ask that you cover the cost of part and they provide labor.

Id fight the fight, but not under premise of recall.

2007-2008 Hyundai Elantra Recalls Is this the recall you're speaking of ? Does your car fall in those dates of manufacture? If you're certain that it's a part of the recall then you can always demand it be fixed and then fight with getting reimbursed by corporate.

Another site about elantra recalls
Hyundai will start contacting owners beginning on April 8, and will reimburse owners who had the repairs performed after March 2010. For more information, check the NHTSA website, or call (888) 327-4236. The recall campaign number for the passenger-side airbag is 11V143000, and for the driver's side it's 11V179000.

Personally, I'm not sure I'd make a big deal out of it since a recall fix doesn't have a "close" window and it may be addressed along with some other necessary service at some future time. At least that was my attitude to my '97 Jetta recall (recall issued in 2003, I didn't take the car to an actual stealership until my starter gave out in the Costco parking lot across the street from a VW dealership, ended up paying $500 for a starter+labor at said stealership). shield for fuel tank neck recall

You should have offered the dealership a 5-star survey rating in exchange for fixing your airbags for free. That is your leverage because having a 5-star rating is all they care about. I did this last year when my check engine light stayed on and the 5-year warranty had just expired by a few months.

@JaxFL - I'm curious why you would fight the battle, but not because it is a recall ? Having a recall means I'm entitled to the work done for free. Why should I have to pay for something that Hyundai promised would do for free ?

@ChefJoe - No, I have the Hyundai Sonata.

@qcumber98 - I wasn't getting anywhere with this dealership, if I offered to give them 5 stars on a survey, they would have fell on the floor laughing.

Im not saying you should pay. However, you are not part of the recall! There may be reasons/ramifications to which you are unaware as to why they simply wont say okay same part, fix it. Maybe its a different batch (part). In doing so they would now have thousands of other possible repairs, without following proper protocol. Im not saying its right, but sounds like youve exhausted that option. Goal is to get car fixed, not be part of recall, so sometimes you have to circumvent the system to end up with the same result. You certainly should be able to get it fixed as an approved Good Will repair from Hyundai/Dealer. Id base it on Good Will, just out of warranty, had issue with same item under warranty, and by they way there are recalls pertaining to this part. The fact you don't have multiple dealers to deal with could be an issue. If that doesnt work, then yes you are stuck with the recall path.

I had an item that needed replacement after warranty. The vehicle had warranty repair for different item that could have caused additional wear/failure on this out of warranty item, and possibly may have needed to be replaced sooner, had they checked. I brought this up to dealer and the dealer offered free labor if I purchase part. Not ideal but a compromise.

halterk said:   So I have a Hyundai car that has a recall that was issued in 2008 for the airbags. The recall said that all cars from 2006-08 have the POTENTIAL for the airbag sensor to quit working, and unless your airbag light comes on, then owners do not need to worry about the recall.
I might be wrong but I don't think your airbag issue is the same as the problem in the recall. The recall is about software issue not when the sensor stops working.

Edit-Link to recall

It is a recall issue
Hyundai admits (in the NHTSA documents) that the recall will NOT be active for all affected cars, because not all cars need to be reprogrammed, only ones that show issues. I have copies of the letters Hyundai sent to NHTSA saying this.
Now the dealer is telling me that there is no ACTIVE recall for the airbags for my car --- Which Hyundai admits that there won't be because they don't want it performed on all cars, only ones with the airbag light on.
Since the recall went out so early (0-3 year old cars) almost all cars would have been under warranty when the original recall went out, so it would have been fixed with/without the recall.

I know my car falls under this recall, as ALL cars produced within the date range have the potential for this issue. Also the dealership even said the cars computer system gave error code xxxxxx, which the recall letter to NHTSA even says the computer will give error code xxxxxx and the dealership should repair all cars with error code xxxxxx under the recall.

@ u2head8 - That is the correct recall that I am referring too. If you read through the documents on the NHTSA site, you will find the letter sent to all dealerships that tells them how to fulfill this recall.
One of the steps is checking the computer for the particular code for the OCS sensor, which my car gives as a problem, which the dealership noted on my repair ticket. The Service Bulletin also stats that if that error code comes up, to go ahead to do the recall.

If possible, pay for the repairs, then send letter of intent to sue Dealer and MFQ to give opportunity to pay, if you are certain. How far is the next nearest dealer.

You complained about the problem while it was under warranty , they couldn't find the code. Well that complaint will help you get this approved as a goodwill repair rather than a recall repair.

If the dealer you worked with isn't helpful try another ,call first to introduce yourself then fax the service mgr the documents so they can get approval before you waste a trip

If that doesn't work , get an estimate for a higher amount if possible and sue them. You can't get compensation for your wasted time so you'll need a higher estimate to get extra money. If this is a repair only a dealer can do the pricing nay be similar dealer to dealer

Ditto the contact another dealer suggestions even if you have no plan to actually travel there. Do several in fact. If they all say "no", get each's take on why. It could be you are missing something. It could also be you will finally find one who will talk to the right person at Hyundai who will approve the fix. You might be able to take that information/contact and get your "local" dealer to do it or leverage it with NHTSA to make them.

halterk said:   @ u2head8 - That is the correct recall that I am referring too"Remedy:
DEALERS WILL VERIFY THAT THE OCS DOES NOT PROPERLY RECOGNIZE A PROPERLY SEATED ADULT OCCUPANT ... AFTER VERIFICATION, DEALERS WILL REMOVE THE RIGHT FRONT SEAT CUSHION ASSEMBLY AND SHIP IT TO AN EVALUATION AND REPAIR FACILITY"

What happens when an Adult sits in the right front/passenger seat?

xoneinax said:   halterk said:   @ u2head8 - That is the correct recall that I am referring too"Remedy:
DEALERS WILL VERIFY THAT THE OCS DOES NOT PROPERLY RECOGNIZE A PROPERLY SEATED ADULT OCCUPANT"

What happens when an Adult sits in the right front/passenger seat? Does the flashing passenger seat light seem to work properly?


No. It is even documented on my repair ticket that the sensor is not working, but again, the dealer says there is no active recall, but yet Hyundai admits that the recall will not show up in their computers as active, since not all sensors are bad.

There is another dealership in the opposite direction that isn't much further. I guess I will try giving them a call sometime and see what they say.

halterk said:   No. It is even documented on my repair ticket that the sensor is not workingYour repair ticket says that the OCCUPANT CLASSIFICATION SYSTEM (OCS) IN THE RIGHT FRONT SEAT is not working properly?

halterk said:   xoneinax said:   halterk said:   @ u2head8 - That is the correct recall that I am referring too"Remedy:
DEALERS WILL VERIFY THAT THE OCS DOES NOT PROPERLY RECOGNIZE A PROPERLY SEATED ADULT OCCUPANT"

What happens when an Adult sits in the right front/passenger seat?

No
What happens when an Adult sits in the right front/passenger seat?

"I again take it to the dealership, and they confirm the airbag sensor is bad, and that it would be over $1k to fix it"


The recall specifically covers the OCS. The remedy for the problem does not involve replacing the Air Bag Sensor.
Remedy:
DEALERS WILL VERIFY THAT THE OCS DOES NOT PROPERLY RECOGNIZE A PROPERLY SEATED ADULT OCCUPANT. AFTER VERIFICATION, DEALERS WILL REMOVE THE RIGHT FRONT SEAT CUSHION ASSEMBLY AND SHIP IT TO AN EVALUATION AND REPAIR FACILITY. THIS FACILITY WILL EVALUATE AND REPAIR OR REPROGRAM THE SEAT CUSHION AND OCS AS NECESSARY

The other dealer will likely have you in one of their systems, from the other dealer. They may consider you someone who they likewise don't want to offer assistance.

halterk said:   It is a recall issueHyundai admits (in the NHTSA documents) that the recall will NOT be active for all affected cars, because not all cars need to be reprogrammed, only ones that show issueswith the OCCUPANT CLASSIFICATION SYSTEM (OCS) IN THE RIGHT FRONT SEAT

halterk said:   Also would I sue the car manufacture, or the dealer? Or should I get the help of a lawyer, and forget the small claims ? Or should I do something else ?? Thanks for your time/help/suggestionsYes, get a lawyer to sue the dealer and Hyundai corporate

xoneinax said:   halterk said:   It is a recall issueHyundai admits (in the NHTSA documents) that the recall will NOT be active for all affected cars, because not all cars need to be reprogrammed, only ones that show issueswith the OCCUPANT CLASSIFICATION SYSTEM (OCS) IN THE RIGHT FRONT SEAT

This is what is written on my repair ticket from the dealer:

SCANNED TO FIND CODE B1448 FOR OC MAT PASSENGER SIDE
HISTOR CODE IN SYSTEM 21 TIMES
PPROVIDED ESTIMATE TO REPLACE OC MAT
THERE ARE NO OPEN OR PAST RECALLS REGARDING THIS ISSUE
FOR THIS VEHICLE IDENTIFICATION NUMBER

Now read this document from the NHTSA:
http://www-odi.nhtsa.dot.gov/acms/cs/jaxrs/download/doc/ACM10674...

After you read that entire document, reread page 9 where it says what to do with error code B1448.

Now do you believe me this should be taken care of as a RECALL, and I shouldn't have to pay?

Basically, they need to replace the seat or the bottom which is where the OCS is located.

They do not replace the Air Bag Sensor

When I said the "Air Bag Sensor" in my original post, I meant the "OC Mat Sensor" But I figured most people wouldn't know what that was, so I just used a general term and called it an "Air Bag Sensor"

I'm not here to debate about the recall, only how to make the dealer/manufacture pay to fix the recall.

Hyundai does not like to pay up on warranty claims. My brother ran into this with an Elantra he had. Run around on almost every repair.

dishdude said:   Hyundai does not like to pay up on warranty claims. My brother ran into this with an Elantra he had. Run around on almost every repair. Good to know... and dont they require proof of set maintenance items/schedule as well.

dishdude said:   Hyundai does not like to pay up on warranty claims. My brother ran into this with an Elantra he had. Run around on almost every repair.

I appreciate this kind of input. In a few years when I am looking for a new car, I won't be swayed by any marketing crap.

I will probably just stick with Honda for the rest of my life. They have the best marketing. They deliver.

halterk said:   When I said the "Air Bag Sensor" in my original post, I meant the "OC Mat Sensor" But I figured most people wouldn't know what that was, so I just used a general term and called it an "Air Bag Sensor"

I'm not here to debate about the recall, only how to make the dealer/manufacture pay to fix the recall.


People will assume the dealer and manufacturer are right about what qualifies for the recall. Sorry, but in order to get any decent advice, you will have to first prove to this community that the dlr/mfg are wrong and you are right. Only then will you unleash the FWF fury and reveal the solution. Otherwise, it is akin to you asking them to help you commit fraud.

That being said, I have nothing meaningful to contribute to the actual discussion.

I am wondering if OP will be better served by a Hyundai forum? I am sure there are others Hyundai customers in a similar situation.

uutxs said:   I am wondering if OP will be better served by a Hyundai forum? I am sure there are others Hyundai customers in a similar situation.

My Ford Escape had an airbag light problem. Pretty common in the Ford forums. The connector under the seat just needed to be cleaned.

I am sure the Ford dealership would be happy to take a couple hundred from me for a diagnosis and service for a bullshit problem that Ford created and knows about.

In this situation, the only solution where the consumer doesn't get screwed is to get info from a forum and stick together as consumers. The company doesn't give a crap that they created a problem unless they are forced to fix it.

Likewise, I had a Sony TV in the tube days crap out just out of warranty. This is just before Sony dumped tubes and went LCD. Sony was great with earlier tube models but obviously didn't care about this one at the end of this cycle. The forums identified a common failure which was a $20 part.

Corporations are not your friend. They either have a reputation because they deliver. Or they have reputation because they don't.

halterk said:   When I said the "Air Bag Sensor" in my original post, I meant the "OC Mat Sensor" But I figured most people wouldn't know what that wasWell, what is typically called the Air Bag Sensor in located in the steering wheel on most cars. When you wait till your 10th post to provide enough information for anyone to know what you are talking about, we can only go by the words that you type.

halterk said:   I'm not here to debate about the recall, only how to make the dealer/manufacture pay to fix the recallWhat did the Service department cashier say when you showed him the PDF you printed out?

xoneinax said:   halterk said:   I'm not here to debate about the recall, only how to make the dealer/manufacture pay to fix the recallWhat did the Service department cashier say when you showed him the PDF you printed out?
I didn't get the PDF file until after I filed a complaint with the NHTSA. The NHTSA will not do anything on a case by case basis unless they get a large number of complaints.

xoneinax said:   halterk said:   When I said the "Air Bag Sensor" in my original post, I meant the "OC Mat Sensor" But I figured most people wouldn't know what that wasWell, what is typically called the Air Bag Sensor in located in the steering wheel on most cars. When you wait till your 10th post to provide enough information for anyone to know what you are talking about, we can only go by the words that you type.
I wasn't wanting advise whether or not there was a recall for my vehicle. I was asking for advise on how to get the dealer to fix a recall and/or legal action against them for refusing to fix a recall.

halterk said:   xoneinax said:   halterk said:   When I said the "Air Bag Sensor" in my original post, I meant the "OC Mat Sensor" But I figured most people wouldn't know what that wasWell, what is typically called the Air Bag Sensor in located in the steering wheel on most cars. When you wait till your 10th post to provide enough information for anyone to know what you are talking about, we can only go by the words that you type.I wasn't wanting advise whether or not there was a recall for my vehicle. I was asking for advise on how to get the dealer to fix a recall and/or legal action against them for refusing to fix a recall.Yes, but here's the thing: Not everyone here believes your issue is covered by the recall in the first place, and no one wants to give you advice on taking legal action against Hyundai if they don't actually believe that they're in the wrong. That's why the details of the situation, including your specific issue, matter to some posters.

Skipping 20 Messages...
Thanks for your info. Up until now, I thought fairly highly of Hyundai. I even would reco it to my family (my Dad just bought 1 within the year) and I looked into buying 1 this year since I plan to replace my current car anyway. BUT, now after reading this thread. my impression of this brand is definitely negative.



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