Kia Seltos car parts backordered, not available—now what?

• A duct extension
• Front skid plate
• Radiator support cover
• Engine wiring harness

I submitted an online request to the manufacturer and provided the information needed. In response I was told that the manufacturer is not responsible for the delays because I was involved in an accident—like really? I didn’t get into an accident willingly, it was “an accident” and it is not my fault nor the insurance company’s that parts will be unavailable for four to five months.

I am facing an outlay of $4,000 for a rental while my vehicle is in the shop. The manufacturer should provide me a rental car or forgive my payments until those parts arrive. If they sell a vehicle, they have to make sure that parts are available when needed or provide a loaner—or just don’t sell it. 

—H.P.

Dealing with delays for car parts

Automakers certainly can step up to cover the cost and inconvenience of long delays for replacement parts. The appropriate compensation is usually a courtesy vehicle, but some automakers will occasionally credit a lease customer with payments to cover the period in which they lost use of the vehicle. In 2019, after the CBC reported that Toyota was leaving customers stranded, the automaker stepped up to compensate owners impacted by a problem with parts delays attributed to a bungled conversion to a new inventory management system. And Mazda provided courtesy vehicles automatically while customers waited for new front crossmembers to arrive for a safety recall on the Mazda 6. In some cases, the coverage was up to six months, and the rental bill amounted to nearly the value of the recalled cars which were about 10 years old. 

Consumers occasionally report long parts delays to the Automobile Protection Association (APA). Among the major brands, Tesla (collision repair parts), Toyota, Kia, Ford, Ram, Jeep and Fiat accounted for a higher proportion of complaints in recent years. This is usually a consequence of cost cutting or weak internal management. Complaints about unavailable replacement parts increased significantly in 2021/2022, due to supply chain disruptions resulting from the COVID-19 pandemic and subsequent shipping bottlenecks. 

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The auto manufacturer’s obligation for late car parts

Michael Turk, a lawyer consulting to APA members, provided the following guidance concerning the automaker’s obligation to provide replacement parts:

“Nothing in Ontario’s statutory law specifically addresses the issue of replacement part availability, but there is an implied warranty that parts be reasonably available. The obvious place to start is compensation for loss of use. I’m not sure how the courts are going to deal with COVID—there may be an argument for force majeure in circumstances that are probably beyond a manufacturer’s control. Even then, a judge could determine that ‘We agree with you but what did you do to compensate your customer?...’ (In situations like the one with your Seltos, the automaker is able to deliver the same components to their plant to assemble new vehicles so the parts clearly exist—and those vehicles are being shipped to Canada, so the shortage of parts for a collision repair appears to be surmountable.)”

From a mitigation standpoint, Mr. Turk suggests you do what you can to get your vehicle back on the road. “I wouldn’t hang my hat on the source of the parts being exclusively from the carmaker; I would also take a look at the salvage market as a source of parts. My concern is resolving a parts shortage that disables the vehicle.” 

To the APA’s knowledge, Quebec’s Consumer Protection Act is unique in Canada, as it creates an obligation to provide replacement parts to a consumer. Article 39 of the Act states that “Where goods… are of a nature that requires maintenance, replacement parts and repair service must be available for a reasonable time…”

The requirement has been used successfully by consumers appearing before the Small Claims Court Division in Quebec to recover the cost of renting a replacement vehicle while waiting for parts to arrive.

Now let’s take a look at some steps a consumer can take:

Backordered parts for collision repairs

When it comes to insurance repairs, collision parts can be backordered for weeks, until the customer times out their insurance-paid replacement vehicle. 

Debbie Arnold, a registered insurance broker with Sound Insurance in Ontario, reports that “Loss of use” insurance endorsements to cover courtesy vehicles vary significantly and are either limited by the number of days or dollar value. 

Fifteen days, or $2,000, are on the short end with 30-days or more offering greater security. Arnold suggests that if you’re approaching the end of the loss of use coverage, contact your insurance adjuster. 

Under current circumstances, with delays more common, there may be some flexibility, or they may be able to assist you or work something out with the body shop while waiting for parts to arrive. 

In tough situations like yours, the dealer or an independent auto body shop can try to locate used parts to put a vehicle back on the road. Auto recyclers belong to a powerful parts-locating network that can locate hard-to-find components all over Canada and even in the U.S. 

For your 2021 model, used parts from another Seltos, if available, are likely to be virtually as good as new. (The first year for the Seltos was 2021.)

If the missing parts are cosmetic, it may be possible to complete the repair partially and make an appointment to return later when they arrive—this is a relatively rare possibility because almost inevitably a part that is essential to put the vehicle back on the road is also unavailable.

Parts delays for mechanical repairs, car warranty repairs

Mechanical parts backordered at the dealership are frequently available in the aftermarket from independent suppliers, or even as used parts. However, car dealers are unable to obtain a reimbursement from their manufacturers for using non-original components on a warranty repair in a pinch, even if they’re of like kind and quality. 

Consequently, they may not check to determine if any are available. 

That’s little comfort to the vehicle owner who may be paying for a rental vehicle or is doing without personal transportation. 

If the delay is long or very uncertain, it’s worth checking for a comparable part in the aftermarket and have the vehicle taken to an independent shop for the repair, or paying the dealer to complete the repair with non-original parts. 

When a delay is unreasonable, you could consider recovering the cost of a replacement vehicle, or the money you spent to complete a repair that should have been covered under warranty at no charge. Your argument concerning an obligation to make parts reasonably available may be a little stronger during the warranty period, for a warranted repair.

What to do for your vehicle

For a parts delay of several weeks or months, it’s reasonable to ask the automaker for a no-charge courtesy vehicle. If you have not already written the manufacturer, you could ask a lawyer to write the manufacturer, cc’ing to your dealer to ask for a courtesy vehicle before coverage by your insurer ends. 

In the case of automakers with weak after-sales support, a lawyer’s letter often gets bumped out of the fog in customer service to the legal department for a look. This will escalate your situation to a higher priority and you may be surprised to discover the parts arrive more quickly.

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