NYS Lemon Law Does not cover EV Battery Recall

I have posted our travails with the EV battery recall in a couple of threads. In short, our 2019 Kona Limited had the battery maintenance safety update on May 7, 2021. On May 10th the car had a full electrical system failure as a result of the bms software update and would not run. Car was towed to dealer on May 10th. It is still there and we still have no battery.

We set up a case with Hyundai shortly after May 10th. After two case managers and multiple complaints, we finally got put into the buyback program with Sedgwick on July 15. We submitted all paperwork the next day. However, someone at the dealer when we first leased the car, entered the wrong VIN. Sedgwick said it needed to fix this issue first and without really telling us, sent the case back to Hyundai for "re-evaluation and "re-assignment." That was around July 23. We have not heard from anyone at Hyundai or Sedgwick since. I've tried tracking down our case, but was told that a new case would need to be started and it would take 5-10 days. It's been about 7 days and no case.

We then filed a lemon law request on Friday, August 13 as the 2 year limit to file is coming up. We got informed late yesterday from the Attorney General's office that a "recalled part" is not covered under the law and thus we are not eligible—even though we have been without our car for over 95 days. Their suggestion--hire a lawyer. I wrote back to see if there is any appeal to this but don't hold out much hope.

So I guess we just wait on Hyundai for another 5 days to see if anyone contacts us (and maybe consider getting a lawyer).

 

An update to my post and a question for those with battery issue. I wrote back to the NYS AG's office about their decision. They said if we can convince an arbitrator that the problem is not the result of a recall we can resubmit. Since our non-running car was the result of the BMS software update, is it stretching it to say that even though the part (battery) is part of the recall, the issue of not having a working car is software related and not necessarily parts related. Or am I grasping at straws or splitting hairs here. Someone I spoke with at NHSTA, suggested we might try a general NYS Consumer Complaint rather than the Lemon Law as recalls often don't qualify for lemon laws.

 

Dealer gave us a loaner. But they don’t seem too concerned about getting it back