If you are searching for Hyundai lemon law California help, or the same thing for a Kia, your car has probably spent more time at the dealer than you expected. Hyundai and Kia are separate companies in the United States, but they share engines, platforms and electric-vehicle hardware, so many of the same issues and recalls appear on both sides. California's lemon law treats each the same way: if the manufacturer cannot fix a warranty defect after a reasonable number of attempts, it must buy the vehicle back or replace it.
This guide lists documented Hyundai and Kia recalls with NHTSA campaign numbers, summarizes reported class settlements and California rulings, and explains how to document your repairs and which deadlines apply. It is general information about California law as of October 2026, not legal advice, and it does not suggest that Hyundai or Kia vehicles in general are defective.
How the California lemon law works for a Hyundai or Kia
The Song-Beverly Consumer Warranty Act requires a manufacturer to repurchase or replace a new vehicle it cannot conform to its warranty after a reasonable number of attempts (Civil Code § 1793.2(d)). In the first 18 months or 18,000 miles, the law presumes a lemon after two repair attempts for a defect likely to cause death or serious injury, four attempts for the same problem, or more than 30 days out of service (Civil Code § 1793.22). Many vehicles that fall outside the presumption still qualify.
Hyundai and Kia have long offered powertrain warranties that run well past the basic warranty for original owners, and their EVs carry separate battery coverage. A defect that shows up years after purchase can still be a warranty defect if the applicable coverage is still running. Read your warranty booklet to see which coverage applies and whether it transfers to later owners. If you bought the car used, see our guide to the used car lemon law in California.
A buyback generally refunds what you paid, taxes, fees, finance charges and incidental costs, minus a mileage offset for miles driven before the first repair visit for the defect. Try the numbers in our lemon law buyback calculator.
Recalls you should know
A recall does not by itself make a car a lemon. But if a recall matches the symptom you keep reporting, it helps explain your repair history, and repeated visits for a recall problem that keeps coming back can count. The table lists a selection of recalls, not a complete list. Check your VIN at nhtsa.gov/recalls.
| Model years | Issue | NHTSA campaign no. | Source |
|---|---|---|---|
| Hyundai Sonata and Santa Fe Sport 2013–2014 | Theta II engine: manufacturing debris could cause bearing wear and engine failure | 17V-224 (Hyundai) | NHTSA |
| Kia Optima 2011–2014, Sorento 2012–2014, Sportage 2011–2013 | Theta II engine: same bearing-wear and engine failure issue | 17V-226 (Kia) | NHTSA |
| Certain Hyundai 2010–2015 models | Anti-lock brake (ABS) module could short and cause an engine compartment fire; owners told to park outside until repaired | 23V-651 (Hyundai) | NHTSA |
| Certain older Kia models (check VIN) | Same ABS module fire risk; park outside until repaired | 23V-652 (Kia) | NHTSA |
| Hyundai Ioniq 5, Ioniq 6 and certain Genesis EVs, 2022–2025 | Integrated Charging Control Unit (ICCU) can be damaged and stop charging the 12-volt battery, which can lead to loss of drive power | 24V-204, follow-up 24V-868 | NHTSA |
| Kia EV6 2022–2024 | Same ICCU issue; 12-volt battery may stop charging and the car may lose drive power | 24V-200, follow-up 24V-867 | NHTSA |
The September 2023 ABS-module recalls together covered nearly 3.4 million vehicles, and NHTSA issued a consumer alert urging owners to park outside. In November 2020, NHTSA announced consent orders with Hyundai and Kia over the timeliness of the Theta II engine recalls, with penalties totaling up to $210 million. EV owners also raise charging failures, range loss and software faults with lemon law lawyers; whether any of those is a covered defect in your car depends on your records.
Reported cases and settlements involving Hyundai and Kia
Individual lemon law settlements are almost always private. These are reported class settlements and California rulings in cases handled by other lawyers. They are not LaCour results.
| Year | Matter | Type | What was reported | Source |
|---|---|---|---|---|
| 2024 | Valdovinos v. Kia Motors America | Court of Appeal ruling | In a California lemon law case, the court held that the price of an optional third-party service contract was not recoverable as restitution under the Song-Beverly Act. | Metropolitan News-Enterprise |
| 2023–2025 | In re Kia Hyundai Vehicle Theft Litigation (federal court, California) | Class settlement | A settlement valued at up to $145 million over vehicles sold without engine immobilizers received final approval, and the Ninth Circuit later upheld the approval. | Bloomberg Law; Mealey's |
| 2022 | Second Hyundai and Kia engine class settlement | Class settlement | A further settlement over engine failures and fire risk extended relief, including extended engine warranties and reimbursement, to about 2.1 million additional vehicles. | Repairer Driven News |
| 2019 | Theta II engine class actions | Class settlement | Hyundai and Kia announced settlements of consumer class actions over Theta II engine failures, including lifetime engine warranties for covered vehicles and reimbursement of related costs. | Hyundai Motor America |
A class settlement usually does not release an individual lemon law claim for a defect that is not covered by the settlement, but class terms vary, so have yours reviewed. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.
Building your Hyundai or Kia repair record
- A repair order for every visit. It should list your complaint, what the technician found and what was done. If the dealer could not find the problem, ask that the repair order say so.
- Same words every time. Describe the symptom consistently ("engine knocks and loses power on the freeway," "car will not charge and shows a 12-volt warning") so the visits read as one defect.
- Maintenance receipts. Engine claims often turn on whether oil changes were done on time. Keep every receipt, including from quick-lube shops, and the mileage on each.
- App and charging records. If you use the MyHyundai or Kia Connect app, screenshot warnings and service history. For EVs, keep records of failed charging sessions, tow tickets and roadside assistance calls.
- Customer care case numbers. If you call Hyundai or Kia consumer affairs, write down the case number, the date and the name of the person you spoke with.
- Days out of service. Keep drop-off and pickup dates, loaner and rental records, and parts back-order notices.
What to do if your Hyundai or Kia keeps going back to the dealer
- Keep reporting the problem and get paper every time, even when the answer is "could not duplicate."
- Check for open recalls and any extended warranty from a class settlement that may cover your engine or part.
- Do not accept a trade-in deal, a goodwill payment or a settlement-program payment that includes a release of your claims without having it reviewed.
- Do not send a written lemon law demand on your own. Hyundai and Kia have been reported among the manufacturers that opted in to the 2025 procedures, and Hyundai publishes an address for California written notices. The content of that notice matters.
- Collect your contract, every repair order and maintenance receipts, and ask for a free review.
Deadlines and the 2025 rules
For many vehicles, a Song-Beverly claim must generally be filed within four years of when you knew or should have known about the problem. For manufacturers that opted in to the procedures created by AB 1755 and later amended, a lawsuit generally must be filed within one year after the warranty expires and no later than six years after delivery, with some time added for days in the shop (Code of Civil Procedure § 871.21). To seek civil penalties, a buyer must send written notice at least 30 days before suing; the manufacturer can avoid penalties by offering a buyback or replacement within 30 days and completing it within 60 days (§ 871.24).
Hyundai and Kia were both reported on the 2025 opt-in list, and Hyundai maintains a written-notice page for California claims. Confirm the current status on the Department of Consumer Affairs list. Our guide to the 2025 lemon law changes under AB 1755 explains both tracks.
How LaCour handles Hyundai and Kia claims
LaCour Trial Lawyers handles California lemon law claims statewide, with trial counsel leading each case, and we work with clients in English and Spanish. When a claim succeeds, the law requires the manufacturer to pay the buyer's attorney's fees and costs. Send your repair orders for a free, confidential review.
Frequently asked questions
Does the California lemon law cover Hyundai and Kia engine failures?
It can. If an engine defect is covered by the warranty and the dealer cannot fix it after a reasonable number of attempts, the manufacturer may have to buy the car back. A recall or class settlement does not take away an individual lemon law claim, although its terms can matter.
Is my Ioniq 5 or EV6 a lemon if the ICCU keeps failing?
Possibly. A charging unit failure that keeps coming back after recall repairs or warranty visits can support a lemon law claim, especially if it caused loss of power. Keep every repair order, tow record and charging log.
How many repair attempts make a Kia a lemon in California?
There is no fixed number. In the first 18 months or 18,000 miles, the law presumes a lemon after two attempts for a serious safety defect, four for the same problem, or more than 30 days in the shop. Cars outside those numbers can still qualify.
I bought my Hyundai used. Am I covered?
It depends on how you bought it and what warranty came with it. Some Hyundai and Kia coverage applies only to the original owner. A lawyer can review your contract and warranty to see what applies.
Do I have to write to Hyundai or Kia before filing a lemon law case?
If the manufacturer opted in to the 2025 procedures and you want civil penalties, you must send a written notice at least 30 days before suing. Talk to a lawyer first, because the notice has specific content and delivery requirements.
What does a Hyundai or Kia buyback include?
Generally the price paid, taxes, registration, finance charges and incidental costs such as towing and rentals, minus a mileage offset for miles driven before the first repair visit for the defect. You can choose a replacement vehicle instead.
Sources
- NHTSA, Recall 17V-224, Hyundai Theta II engine, April 2017
- NHTSA, Recall 17V-226, Kia Theta II engine, April 2017
- NHTSA, Recall 23V-651, Hyundai ABS module, September 2023
- NHTSA, Recall 23V-652, Kia ABS module, September 2023
- NHTSA, "Consumer Alert: Kia and Hyundai Park Outside," September 2023
- NHTSA, Recall 24V-204, Hyundai and Genesis ICCU, March 2024
- NHTSA, Recall 24V-868, Hyundai ICCU follow-up, November 2024
- NHTSA, Recall 24V-200, Kia EV6 ICCU, March 2024
- NHTSA, Recall 24V-867, Kia EV6 ICCU follow-up, November 2024
- NHTSA, "NHTSA Announces Consent Orders with Hyundai and Kia over Theta II Recall," November 2020
- Metropolitan News-Enterprise, "Fee for Optional Service Contract Is Not Recoverable Under Lemon Law," September 2024
- Bloomberg Law, "Kia, Hyundai Drivers' $145 Million Theft Deal Gets Final Stamp"
- Mealey's, "9th Circuit Upholds Approval Of Up To $145M Kia, Hyundai Theft Settlement"
- Repairer Driven News, "Hyundai & Kia settle engine failure, fire class action lawsuit," September 2022
- Hyundai Motor America, "Hyundai Motor America and Kia America Resolve Engine Litigation"
- Hyundai Motor America, "Written notice for California claims"
- Valero Law, "California's New Lemon Law and Which Manufacturers It Applies To," May 2025
- California Department of Consumer Affairs, Arbitration Certification Program, manufacturers list
This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.