Hi Everyone!!
Need some help. I own a Kia sorrento 2017. Kia and my dealership finally agreed to replace my engine!!! On the test drive the transmission blew according to them. It’s not covered as I am a second owner and it’s past 5 yrs or 69k for power train. But now transmission issues were evident before they took possession of vehicle and replaced engine. They say I am responsible for transmission replacement??? Does not seem right. Help!!!
This is a tough situation, and it sounds like you're caught in a really tough spot between the dealership and Kia. Here's a breakdown of the key issues and some advice on how you might be able to handle this.
Understanding the Warranty Situation
First, let's address the warranty. What the dealership told you about the powertrain warranty for a second owner is, unfortunately, generally correct.
- Original Owner Warranty: Kia's famous 10-year/100,000-mile powertrain warranty is only for the original owner.
- Second Owner Warranty: When the car is sold to a second owner, that long-term powertrain coverage reverts to a 5-year/60,000-mile limited warranty.
Since your 2017 Sorento is over 5 years old and has more than 60,000 miles on it, the dealership is correct that your transmission is no longer covered under the standard warranty.
The Argument You Need to Make
However, your core argument isn't about the warranty itself - it's about the timing and the circumstances surrounding the failure. You have a very strong case to make that this transmission failure is a direct result of the existing engine issue, and the dealership's actions.
1. The Transmission Was Fine Before Service: The most important point is that you brought the vehicle in for a known engine issue, and there were no reported transmission problems. The transmission "failed" while it was under the dealership's care and control during the engine replacement process.
2. The Engine Replacement is the Cause: A major engine replacement is a complex job. When they "test drove" the car with the new engine, a couple of things could have happened to cause the transmission to fail:
- Improper Installation: The new engine may have been installed in a way that put undue stress on the transmission. Things like a misaligned torque converter, incorrect mounting, or a forgotten step during reassembly could cause immediate failure.
- Stress from the New Engine: The old engine may have been running poorly for a long time, and the transmission had adapted to it. Putting in a new, fully functional engine could have exposed a pre-existing weakness that it was not designed to handle. However, this is still a weakness that was exposed by the work they did.
3. They Had a "Duty of Care": Once they took possession of the vehicle for a major service like an engine replacement, they had a professional and legal responsibility to return the vehicle to you in at least the same condition it was in when you brought it in, minus the original problem. The transmission was clearly working well enough to be test-driven, so its "sudden" failure during their care is highly suspect.
What You Should Do Now
- Document Everything: Get every piece of paper from the dealership. The initial service ticket, the report of the test drive, the quote for the new transmission—everything.
- Request a Meeting with the Service Manager: Do not talk to the service advisor alone. Ask to speak directly with the Service Manager or the General Manager. Calmly and politely explain your position: "I brought this vehicle in for a covered engine replacement. The transmission was operating normally when I dropped it off. It failed while in your possession and control. I am not responsible for the damage that occurred during your service."
- Reference the "Test Drive" Incident: Remind them that the transmission failed on the test drive, which means it failed as a direct result of the work they performed and the stress they put on the new parts.
- Talk to Kia Corporate: If the dealership won't budge, the next step is to contact Kia's corporate customer service line. Explain the entire situation, including the fact that the transmission failure occurred while the car was at the dealership for a warranty-covered repair. They have the authority to get involved and override a dealership decision, especially in a situation like this where the dealership's actions may have caused the new problem.
- Escalate if Necessary: If both the dealership and corporate refuse to help, you may need to consider a small claims court action or a lawyer who specializes in consumer protection. You would be arguing that the dealership was negligent and that the failure was a direct result of their work, not a random, unrelated problem.
The dealership is trying to make a simple, black-and-white warranty decision in a situation that is anything but. The transmission may be out of warranty, but its failure is directly connected to the engine replacement. The dealership should be responsible for the damage they caused or exposed while under their care.
