Hyundai is recalling an estimated 41,000 Tucsons in the United States following a software glitch that is stopping the small SUVs from accelerating. The recall comes after intense deliberations between the company and the National Highway Traffic Safety Administration (NHTSA).
Hyundai says reports started coming in June stating that despite the engine revving, the SUV’s wouldn’t move.
Engineers from Hyundai say that the problem is caused from an anomaly in the Transmission Control Module (TCM) that monitors acceleration to refine gear shifting. Consequently, the Tucsons may not accelerate even when the gas pedal is pressed and released repeatedly. However, if the accelerator pedal is pressed steadily for 1.5 to 2 seconds, the SUV will start to accelerate and resume normal driving, according to a statement released by NHTSA.
Even though Hyundai had initially resolved to service the SUV’s, it decided to do a recall after discussions with the National Highway Traffic Safety Administration in a meeting held on August 10.
While there are no reports of any accidents as yet, the problem may increase the risk of a crash. The company says that it will notify its dealers when reprograming the Transmission Control Module software will start.
Hyundai is a South Korean carmaker bases in Seoul. Established in 1967, the company has a stake in Kia Motors, and together they make the Hyundai Motor Group, the world’s fifth-largest automaker. As of 2012, the Hyundai Motor Group sold over 7.12 million vehicles worldwide. In 2014, the company generated an estimated $76 billion in revenue. According to insure.com, Hyundai cars are among the “least expensive” to insure.
Who was Affected By The Hyundai Recalls?
The Hyundai Recalls concern anyone who nought a Tucson in the last year. The Tucsons affected by the recall were manufactured between May 20, 2015, and May 31, 2016. The vehicles run on a 7-speed EcoShift Dual Clutch Transmission.
More than 300 Tucson owners have voiced their concerns about the transmission anomaly at carcomplaints.com, a consumer advocacy website that has petitioned the NHTSA and filed lawsuits to protect car owners in the past.
One Tucson owner affected by the TCM software defect says that his vehicle’s dash light turned on while driving in a traffic jam, indicating that the transmission was too hot, followed by a burning smell. The car couldn’t accelerate from then on, and it was eventually towed.
Another customer says that her car went into a neutral state all of a sudden in the middle of a pass. As the car slowed down, she had to turn on the flashlights and pull over to avoid getting hit by oncoming traffic.
Apparently, the TCM anomaly makes Tucson drivers prone to accident. The owners, therefore, have a legal right to sue Hyundai because the cars are unsafe.
What To Do If Hyundai Recalls Affected You
Those affected by the recall can get in touch with Hyundai customer service desk through 1-855-671-3059. Hyundai’s number for Tucson 2016 recall is 149. The upgrade will be done free of charge.
It is important to note that Hyundai has issued a statement saying that it will notify owners as to when the Transmission Control Module upgrading will start.
There’s no class action lawsuit for this recall as yet. However, affected Tucson owners may take advantage of recall option available (in this case, repair) and still file a civil lawsuit for damages especially if they were involved in an accident as a result of the TCM software defect.
Injury suits related to a defective product can help the affected driver recover compensation for medical expenses, lost wages, and other injury damages. Those willing to sue may consult a products liability attorney to determine their legal rights to sue and if they have a strong legal case.
What Are You Eligible For In The Hyundai Recalls?
If you were to sue Hyundai for medical bills and lost income as well as other damages, you must prove four things to get compensated.
First, you must show that you sustained injuries or suffered some other kind of loss. Second, you must prove that your car was defective or lacked proper instructions or warnings. Third, you must show the defect was the particular cause of your damages or injury. Lastly, you must prove that you were using the vehicle according to the manufacturer’s specifications.
The court will determine the compensation amount.
It is important to note that product liability cases are quite expensive, and you must have concrete evidence to get compensated. For cases such as the Tucson recall, you’re better off joining a class action lawsuit. That way, you can get legal representation without incurring out of pocket expenses and your odds of getting compensated are relatively high as opposed to suing Hyundai on your own.
