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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
My wife bought a brand new Hyundai Elantra 2014 in August of 2014. After only 35,501 KM we are starting to hear this ticking noise which we’ve gotten confirmation from the dealer that the engine needs to be replaced. However, they are now trying to get out of covering it due to frequency of oil changes. All maintenance’s have been done by dealership and it looks like they won’t cover it. I would like to join this class action lawsuit if it’s still in effect.
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i own a 2015 elantra bought it from dealer ship 50000km now it is at 10000 just over the warranty and I have that knocking engine sound constant! it seem to be very frequent I am mad, because Hyundai tried to denied it (and it is my fault)
My Elantra 2013 started ticking on a cold winter day. The car only has 40,000km and despite providing all maintenance receipts, Hyundai refuses to bear any of the cost of their mistake.
I too own a 2012 Hyundai Elantra in Australia with the 1.8 Nu engine that has a ticking noise during start-up. The ticking noise started whilst the Vehicle was under warranty in Australia at 3 years of age with 45000km. (Korean made Elantra imported to Australia by Hyundai Australia). The vehicle also has a fully stamped service history. My vehicle also exhibited stalling and vibration of the steering wheel during start-up (more pronounced in cold weather). Hyundai Dealership in Australia updated the ECM software to resolve starting issue (Engine initially revs a little higher during start up for several seconds, then the engine revolutions come down, after software update). Once the vehicle warms up the ticking noise dies down and can barely be heard. I reported the issue to Hyundai Australia whilst under warranty and even left the vehicle overnight at an authorised Hyundai Dealer for the dealer to start-up up the following morning when the engine is cold. Upon picking up my vehicle from Hyundai dealer the following morning, the dealership stated they could not hear the noise at start-up (In my view Hyundai is avoiding the ticking sound/piston slap). My most recent search of the internet led to the discovery of a TSB 14-20-002 stating a problem with the piston skirt coating on the earlier model Elantra’s from 2011 to 2013 with two revisions to the piston skirt coating process to rectify the problems. Hyundai Australia response to the Canadian TSB 14-20-002 in an email is that it only effects USA built engines not the Korean built engines. My thoughts are the same process on engine manufacture would apply at all Hyundai engine plants for the same level of quality. I can think of Hyundai’s Theta engine in the Sonata that is being recalled in the USA and Korea along with other Hyundai vehicle markets for engine failure due to engine debris left in the engine during manufacture.
I have also spoken to the ACCC in Australia in regards the issue with no positive outcome.
I have a 2013 elantra that I started hearing a ticking noise followed by shaking of car as well as loss of power and car has stalled times on the highway. Hyundai claims it is my aftermarket air filter and denies my warranty. Hyundai will do anything to get out of honoring warranty.
I own a 2013 Hyundai Elantra GT which experienced and engine malfunction followed by a ticking noise. The dealership is saying the car is not safe to drive and the engine needs replacing, and that I am responsible to pay for half: $3500 plus tax. I am looking to join a class action lawsuit.
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I too have the same ticking noise coming from Elantra engine. Its kust 55k km. Too sad for this.
My Hyundai Elantra engine stalls out quite often.