Kia Sportage and Kia Optima Owners Report Concerns over Potentially Defective Window Regulator Units | Console and Associates, P.C. - JDSupra

2022-08-19 20:02:18 By : Ms. NANCY MA

Recently, owners of certain Kia vehicles have registered complaints with local dealerships and Kia Corporation about concerns over a potential defective window regulator unit. Consumers indicate that affected vehicles may have windows that do not roll up, get stuck mid-way, or close in a crooked position. While automatic windows are an optional accessory, vehicle owners who paid extra for this feature are undoubtedly disappointed upon learning that their vehicles may have a defective window unit. Not only that but driving a vehicle with windows that do not close properly can be a major distraction, increasing the risk of a car accident. Unfortunately, Kia has yet to issue a formal recall, leaving vehicle owners to pay for the necessary repairs out-of-pocket or drive the truck as it is.

If you own a Kia Optima or Sportage and have noticed that your vehicle’s windows are not functioning properly, you do not need to accept Kia’s refusal to do anything to solve the problem. To learn more about bringing a legal claim against Kia in hopes of getting the company to make things right, please see our recent post on the topic here.

Window regulators are mechanical systems that are responsible for the functionality of power windows. These units provide power to the window, allowing a driver to roll them up and down. While power windows are a luxury and generally considered a convenience, there are safety concerns that come up when a vehicle contains defective window parts.

Adding to the problem, window regulators in Kia vehicles are often riveted to the door, so replacing or repairing them can be costly. According to some consumers, Kia is telling owners that it will cost them $350 to $550 to fix a single window.

Over recent years, Kia has been receiving complaints from consumers about their power windows not working properly. Kia has looked into the issue and issued a technical service bulletin to assist local dealerships and mechanics in resolving the problem. According to the relevant technical service bulletin issued by Kia, some Kia Sportage and Optima vehicles may have an inoperative front window regulator. The company reports that the issue relates to drum gears that separate or break. The potential window defect causes the windows on certain Kias to become stuck or completely lose the ability to open or close, potentially creating an increased risk of distraction

In its technical service bulletin, Kia notes that the window regulator units in 2016 Kia Optimas, 2017 Kia Optimas and 2017 Kia Sportages may exhibit problems with the window regulator unit. There does not appear to be any distinction between the various trim levels, meaning any of the following models may have a defective window unit:

Kia owners who are experiencing problems with the windows on their vehicles report that the windows won’t go up, get stuck down, or won’t close all the way. These potential defects can have a significant impact on a vehicle’s resale value. More importantly, a defective window can also cause drivers to get distracted, increasing the chances of an accident. Owners of Kia Sportages or Optimas who notice any of the following may own a vehicle with a defective window regulator:

The front or rear windows do not open or close even though the motor is making sounds;

Drivers must try multiple times to get the window to go up or down;

Window speed is faster or slower than usual when rolling up or rolling down; or

When closed, the window is in a crooked position.

While power windows are a luxury, drivers who purchase a vehicle with power windows should be able to rely on the functionality of this feature. As a result, defective windows and windows that won’t properly roll up or down can be a major distraction for drivers, potentially resulting in a serious accident.

No, Kia has not issued a recall regarding consumer complaints of defective window regulator units. Despite numerous complaints to the National Highway Traffic Safety Administration (NHTSA) and directly to the manufacturer, Kia has not yet issued a recall for any potentially defective window regulators. Instead, Kia has issued a technical service bulletin providing local Kia dealerships with guidance on how to replace window regulator drum/gears on affected Kia Sportage and Kia Optima vehicles produced between December 2015 through May 2016. Kia also issued a similar bulletin in March 2021 for Kia Optima vehicles.

However, barring a recall, Kia is not required to notify owners of affected vehicles. Accordingly, unless Kia changes its mind and decides to issue a recall, it is unlikely that the company will replace or repair potentially defective Kia window units outside the initial warranty period.

If you own a Kia and your vehicle is experiencing problems with its automatic windows, your vehicle may have a defective window regulator unit. However, Kia has yet to acknowledge any defect or issue a recall, meaning the company doesn’t see the potentially defective windows as a significant safety concern. Therefore, unless the company voluntarily agrees to compensate you, your only options are to pay out-of-pocket for the repair or live with the potentially dangerous windows.

However, it is important that vehicle owners understand they also have a third option. By bringing a legal claim against Kia Corporation, the company may be legally compelled to fix any defective windows. While filing a lawsuit against a giant auto manufacturer may seem like an uphill battle, there is the possibility of a Kia Optima class action lawsuit that would allow similarly situated vehicle owners to band together, giving them strength in numbers. Those interested in learning more about a Kia window class action lawsuit should reach out to an attorney for assistance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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