Brigette Honaker  |  January 28, 2019

Category: Auto News

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Hyundai asked a federal judge to dismiss a class action lawsuit which alleges that the company concealed Elantra engine defects.

Plaintiffs claim that Hyundai Elantra vehicles from model years 2011 to 2016 suffer from a piston defect which causes the engine to fail.

The Hyundai Elantra class action alleges that Hyundai knowingly sold vehicles with the defects and violated warranty terms.

However, according to the automaker, the plaintiffs’ cars were old, had high mileage, and may not have been maintained sufficiently by the owners.

Hyundai argues that these factors mean that the owners’ vehicles were no longer eligible for warranty coverage when they reportedly failed.

“They allege that their vehicles’ years-­old engines failed after being driven for more than 60,000 miles,” Hyundai Motor America said. “However, they do not allege that they maintained their vehicles at all, let alone in compliance with the terms of the written warranties. Such compliance is a prerequisite to coverage, and they, therefore, have failed to state a claim that HMA breached the express warranties.”

According to plaintiffs in the Hyundai Elantra class action lawsuit, the piston defect most often manifests itself in the form of a knocking or ticking noise.

Other symptoms of the engine defect allegedly include loss of engine power, loss of power steering, loss of break assistance, and sudden stalling in addition to total engine failure.

Repairs for the issue may cost car owners $10,000 because the defect can only be solved by completely replacing the engine.

The Hyundai Elantra class action claims that the defect could be dangerous to consumers and place them at risk for accident, injury, and death if the engine fails while driving.

Plaintiff Elizabeth Brown allegedly experienced the issue with her 2013 Hyundai Elantra. In 2017, Brown reportedly began to hear ticking and knocking from her engine and, a week later, a loud pop was heard from the vehicle before the engine reportedly failed.

Brown says she attempted to file a warranty claim but her claim was denied when the dealer found “oil sludge, which was caused by her failure to timely change the oil in her vehicle,” which Hyundai cites in their motion to dismiss.

Hyundai argues that Brown’s claims should be dismissed because the Hyundai class action lawsuit was filed almost a year after the four year statue of limitations on warranty claims in New Jersey ended.

The dealer argues that the claims by two other plaintiffs, who purchased their vehicles used, experienced alleged engine failure at 72,000+ miles – well over the 60,000 mile limit imposed by the warranty. The fourth plaintiff had his engine replaced by Hyundai under warranty and therefore suffered no injuries or damages, the company claims.

Plaintiffs and the proposed Class are represented by Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC; Nicholas Migliaccio, Jason Rathod and Esfand Y. Nafisi of Migliaccio & Rathod LLP; and Daniel C. Levin of Levin Sedran & Berman.

The Hyundai Elantra Engine Defect Class Action Lawsuit is Brown, et al. v. Hyundai Motor America, et al., Case No. 2:18-­cv-­11249, in the U.S. District Court for the District of New Jersey.

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115 thoughts onHyundai Wants Elantra Engine Defect Class Action Dismissed

  1. Justine Reyes says:

    Add me….2015 Hyundai Elantra sport…..piston shot through oil pan while driving on highway

  2. Michele C says:

    DONT BUY A HYUNDAI!!! This company doesn’t make quality and will not honor warranty. We bought new from Buerkle dealer in MN both a 2006 Santa Fe and a 2013 Elantra. Unfortunately the Elantra engine failed at 98000 miles still under warranty of 120000. Because we could not produce oil change record for oil changes EVERY 3500 miles Hyundai or Buerkle wouldn’t repair under warranty. The engine is definitely faulty as per multiple law suits and reports we found on web. We hoped as a loyal customer Buerkle would come through but they offered to fix for $11,000!!! No loyalty No quality No service We NEVER will by Hyundai again

    1. Amy Brown says:

      How do I get in on this class action suit, the same things just happened to my vehicle a 2019 hyundai elantra Miles at 59,380 and engin is knocking and needed a lot of oil car just shut Mechanic says it’s a piston issue, I am a single mom still paying on this vehicle working 45 min from home and am the sole provider of my family. I am distraught and stressed out.
      Please help someone.. what do I do?

      1. Jack Nutugah says:

        Did you figure out what people did with the class action lawsuit? My car engine failed and lit on fire and the whole car burned with my belonging.

  3. Louis Cali says:

    I bought my 2014 Hyundai Elantra brand new, I had all service done on time and by certified mechanics. It began having a ticking noise around 40k-45k miles and I took it into the dealership as soon as I noticed. They discovered that there was metal shavings in the oil and that there was a defect with the piston sleeves. They were going to do a low end or lower half rebuild but the parts were on back order as around the time that this was discovered was when Hyundai and Kia had the 1.2 Million vehicle recall for the myriad of other vehicle models with the exact same issue.
    I was instructed to continue driving the vehicle while the parts were on order and that it would take several months. Once they arrived I had a loaner vehicle for several weeks while it was being repaired.

    After completion the ticking noise came back a while later at around 52k miles and it was another several months wait for parts that were on back order. After 40 days total in the shop I brought it to arbitration where I attempted a lemon law claim which was denied, one Hyundai employee name Evan Connell postured himself in front of the arbitrator offering to reimburse me two months car payments that I have never received.

  4. Donna says:

    I drove my 2016 elantra 9 months it had a little over 63000 miles it. I only put 4000 miles on it and the motor just quit. Tried to start it and nothing!!! Oil looked like it was pushed back thru the rear-end. Still owed around 9000 dollars on it. Had to let it go back and it ruined my credit.

  5. Stephen Pompei says:

    Hello – in the same situation as all the other folks posting here. 80K miles on a 2014 Elantra. Engine failed on the highway. I’m in the process of getting the vehicle towed to Hyundai dealer, have spoken with them and was implied any coverage is not guaranteed. I’m paying to tow the vehicle there and anticipate it not being covered. Car engines are supposed to last 100K plus miles and it seems very clear these car motors have manufacturing issues. Our car was maintained with regularity – not saying we were replacing oil every 3K, but enough that this should not be an issue. Appreciate if there is a suit that I be included.

  6. Dawn Martin says:

    I bought my 2011 Hyundai Elantra used with 154,000 miles on it. I have the “nu” engine as well and it makes a terribly loud grinding metal noise on cold start up. I have to turn the engine off and restart it for it to get a little better. But it happens all the time and I live in Louisiana so it’s not bc of the cold weather. Plus the engine makes a knocking noise when it’s running. Have taken very good care of the car & have my oil professionally changed regularly. This is my only vehicle and I can’t afford to buy another one. I want to be a part of this recall. Please contact me asap. Thank you!

    1. Holly Hickey says:

      We just bought a used 2016 Hyundai Elantra for our 17 year old senior July 16th and paid $8000. The car started stalling for no reason a week later. Took it to Hyundai they said nothing was wrong but needed codes cleared out. 5 weeks later it was still stalling… they recommended spark plugs because it was running rough. Didn’t even get it home and it stalled again. Took it right back to Hyundai they kept it 3 weeks and told us it needed timing components changed. $2200. I didn’t have it done as I had no faith in what they were doing. Why didn’t they find it the first time. Here we are now with bearing failure! The motor is shot! This car needs recalled. We are paying the payments on $8000 that we financed we don’t have $7500 for a motor. There’s obviously a problem with these motors!!

  7. Ted Burke says:

    I have a 2016 Hyundai Elantra that did the same thing “piston slap” at 125k miles, smoke, no compression. bought a used engine with 61k miles and had my mechanic put it in, ran fine until about 2 weeks ago and took it to the shop for them to tell me low compression and basically the same thing happening again. I will never buy another hyundai. Oh the class action lawsuit didn’t cover me because I live in Virginia, I’m literally an hour away from Cold weather state West Virginia… FU hyundai!

  8. Sivapriya says:

    I will never buy another Hyundai again. Terrible cars! In 2016, I bought a 2013 Hyundai Elantra with 25k miles on it. I needed something reliable, since I am now responsible for my disabled father’s care. I have maintained it well, getting oil changes, replacing filters, etc as needed. R

    ecently stopped running. Hyundai says engine needs to be replaced. $4800. I can’t afford this and I still owe $6k on the loan. Have no idea what I will do. The pandemic put me in a bad position financially too.

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