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. Brooke says:

    My 2011 Hyundai Elantra also has a piston slap noise you think this would be a recall or something

    1. wally says:

      will hyundai replace my engine 2014 elanta makeing very loud clecking noise

    2. Sean L says:

      The people that’s experiencing this, does the engine knocking noise continues even after the car has been warm up? Or ,is it only during the car is warming up?

      1. Joseph says:

        It will start to do it all the time and get louder the more miles you drive

  2. Marian Hoops says:

    2013 hyundai elantra GT engine stated ticking after oil change. It sounded like no oil was up top and can lifters where ticking away. Took it to Hyundia and was told the engine needed to be replaced . hyundai said they would give 1500.00 and the remainder would be somewhere around 5300.00 for me to pay REALLY what carp I bought this car because I m amount the working poor now I may become pooper since I can’t get rid of this piece crap car and can’t buy another one thanks HYUNDAI. I have a big mouth

  3. Dan says:

    2015 Hyndai Elantra with 38,000 miles, typical oil change / maintenance schedule, now has engine knock / piston slap. Let me know if there is anyone I can contact to participate in this.

  4. E. Schmidt says:

    I’m dealing with this same issue with my 2013 Hyundai Elantra GT. The car was well-maintained regularly by my mechanic (BrakeMax). Full records are available. I got the run around because I bought this car used and I have an extended warranty. The Subaru dealer it was purchased from subcontracted the repairs to Hyundai — who then told me it has a factory defect that is present in Sonata and Santa Fe vehicles. They did an engine teardown and metal is present in the oil pan. I have copies of the pictures. Hyundai backed off and told me that Hyundai corporate denied the replacement of the engine. The best I can hope for is a replacement used engine under my extended warranty. The thought of having the same model of a defective engine put in the car makes me think that this issue may never be fixed. Hyundai should stand by their product and not treat their customers this poorly.

  5. Dee says:

    Same issue with 2012. Purchased in 2015 with 30,000 miles. Started ticking about 60k. I get regular maintenance at the dealership. Its getting worse.

  6. Aleksi says:

    I have the same problem as described by everyone here. I’m the owner of a 2012 Elantra GL (Canada). I bought it used at 50k KM and I’m now at 112k KM. I’ve done all my oil changes with synthetic oil at required intervals. I’ve started noticing now for the first time a loud knocking noise on cold startups of the engine. I didn’t even know this was a common problem.

    I’m getting very worried about this!!!

    What is the outcome of this class action lawsuit?

  7. Kara Held says:

    Purchased new Elantra in 2014. Ticking noise started around 50,000 km. The car had all suggested oil changes and I had copies of them all. Engine was replaced at55k. Today I took my car in for the same reason, ticking engine. Told I would need a new engine. Never owned a car in the last 40 years that needed an engine let alone 2 every 50k.. something definitely wrong in the engineering of this motor. Hyundai needs to step up to the plate.
    Kara H . Winnipeg Canada.

  8. Amara says:

    My 2011 Hyundai Elantra has the. Engine ticking noise and the loss of control when I brake. I fixed the control arm and beating of the cars, cost an arm and a leg. But the engine noise is still there, louder and more annoying. How do I join the class action?

  9. Jennifer says:

    I purchased my 2013 Elantra almost 3 yrs ago with 27,000 miles on it. Did the routine maintenance on the vehicle and have been since I bought the car. At 50,000 miles the engine started with a loud knocking noise in the engine. The Hyundai dealership said it needed a new engine, but still has yet to fix the problem. If my engine fails. I’m going to be really upset.

    1. Ray Loree says:

      My wife was driving home with our kids from vacation and 2 and a half hours away from home her engine on her 2012 Elantra started to not work. Just bought it from a dealership a few months ago and it seems the dealerships know something is up, just don’t want to say anything. Sad that you see so many Elantras in the road and you hope they don’t have the same problem you have.

  10. Monique Rodgers says:

    I purchased a 2017 with 4 miles on it. Now have 40,000. Car started knocking and shaking cut off on me on the middle of the street. Took it to the dealership now they expect 8000 for a new engine blaming me for not having oil changes but in fact I just got one. I’m looking online and find hundreds of people with the same issue, I believably

    1. Sue says:

      Same issue . What was your outcome with dealership

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