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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
Same problem with my 2013 Elantra. Would like to join the suit also.
I have a 2013 Elantra and the ticking noise started this febuary 2019. I have 82886 km on it. The hyundai dealership is giving me such a hard time to fix it even though i am fully covered until 160 000 km. I need to get on this lawsuit. Hyundai is laughing at us in our faces. I am disgusted by their actions. Consumers pay,pay,pay. Can we at least get what we paid for?
I also have a 2014 Elantra GT. The engine was replaced at 36000 miles but is still giving me problems. It was replaced a year ago and is now at the dealership after being towed in. The engine was knocking and ticking and smoke began rolling out under the hood and into the car through the air conditioning. I am now waiting for Hyundai to compete their investigation. Meantime the sales department at Hyundai says the trade value is practically nothing because of the issues and history with the vehicle. The service department states its it’s merely an alternator that needs to be replaced. Which is conveniently $800 out of pocket and no longer covered under warranty. Please help me join this class action suit.
This also happened to me.I have a 2016 Hyundai Elantra.No help from Hyundai, waas told i needd to pay for an inspection.Engine completely shut down with no warning, while i wasdriving with daughter and 2 mnth old grandbaby at the time.Please let me know who i need to contact..
My daughter has a 2013 Elantra that should be under warrenty and the dealer is now requiring all maintenance records – I am sure to claim that she didn’t do all oil changes. Her car was always maintained but some of the oil changes were done at home by my husband.
That’s ok if the oil changes were done at home, as long as you document it. My wife and I have a 2001 Hyundai Elantra that they in fat replaced the whole engine because on cold start up, we would hear this clack clack clack clacking sound. We took it into Hyundai and they brought someone out and determined that there was metal pieces in the oil pan. So it was replaced. Don’t ever tell them that you haven’t maintained your car properly, they will use the “SLUDGE IN THE ENGINE” excuse all the time. Good luck to you.
Sorry typo, our’s is a 2011*
Sorry Typo, 2011
Sorry Typo, 2011*
Add me as well i bought my Hyundai elantra 2012 two years ago at 60k miles I always thought the engine sounded a little off, but over the winter it started making a loud ticking noise similar to lifter issues which I thought might be the case. Looks like I’m not the only one with this engine defect.
I always change out my oil at the recommended times and I purchases high mileage/performance synthetic oil
I would also like to be added to this lawsuit! My 2013 Elantra has just begun with the engine ticking and I anticipate receiving the same runaround from Hyundai. I, too, have had the appropriate maintenance done.
I too would also know how someone can be added to the lawsuit. I have a 2011 Hyundai Elantra with 79,000 miles and started experiencing the same problem. I brought it to my Hyundai dealership and they confirmed the engine needed to be replaced. Hyundai denied the claim related to “time and mileage”.
Why is it that Hyundai of Canada is replacing the engines with no question but Hyundai of America is not? Is it because of the country we live in.
How can they continue to keep selling a product that they know is faulty. Then instead of standing behind their product they blame it on the customer. There is no other car brand that I know of where the engine needs to be replaced with less than 80,000 miles. There needs to be a recall on the vehicles!
How can someone be added to this lawsuit? We have the same issue with a 2014 Elantra.
2013 Hyundai Elantra. I do my own oil changes. Up to the first 50,000 km changed oil every 5,000 km. Since then between 3 and 4,000 km. I did my job. I wish Hyundai did theirs. When i went to the dealer the tech said start you engine and open the hood. As soon as I started it he said not to bother opening the hood. ( he knew what it was). Next he told me because of high mileage it would cost me everything but the labor. (Expensive!) What can I do?