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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
2012 Hyundai Elantra 1.8 engine under 43,000 changed my oil and engine start to have a rod knocking sound because of defective connecting rods oil was changed on time I’m in ny and the recall was only for Canada they now the engine is not right
OK this is just ridiculous, they offer the 100,000 mile warranty to the first owner, then only a 60,000 mile warranty to the 2nd owner, which is hog wash, only to accuse their customers of poor maintenance so they can deny the warranty which attracts their customers in the first place? What in the world is wrong with companies these days? I want to join this class action, I have a knocking in my 2012 Hyundai also and it’s apparent by these testimonies that they’re not only aware of the issues…They’ve known about them and simply choose to do nothing. Do the right thing and replace our engines!
I purchased a 2017 hyundai elantra 6 months ago miles were 57000 . after 4 the car had engine problems . car was stalling and not wanting to accelerate and shaking violently. Codes came back as misfire.Had ignition coil changed . Not even 2 months later my elantra is having the same issue . There is so many complaints on engine issues on 2017 elantra . Hyundai needs to be held responsible for these lemon cars . they are unsafe . I have no choice but to drive a unsafe, unreliable car because its the only car I have . i can’t afford to keep repairing a newer car plus car payments .. That’s why I bought a newer car so I didn’t have to worry about breaking down on a major highway like I did 2 days ago.
Purchased a used 2015 Hyundai Elantra with full warranty, have had engine troubles at least 3x, now the engine blew. The engine was already replaced by Hyundai due to their recalls and it’s was still having issues and now the engine is done, The dealership told my car repair shop they cant do anything about it, it’s an old issue and I am not the original owner….what?????
Get this, my warranty company is now refusing to pay now as well bc they feel this is under them, the manufacture.
So here I am now with a 12K loan, no car, no rental even tho my warranty gives me one with repairs.
So now what to do contact a lawyer? this is totally ridiculous. I never knew until I started reading everyone has been having the same exact issue. This is so wrong!
This just happened to my daughters 2017 Elantra. Car stalling, took it to dealer march of 2020. and they claimed it was a sensor which they replaced. Problem continued, so she had battery replaced. Still no better. Took it back in July 2020 and now claims poor maintenance and slugged oil. Bottom line, she needs a new engine and warranty declined, even though she paid for an extended warranty.
Same issue here ( BC, Canada) Bought a used 2013 Elantra GT last year (2019) with 60,000 km on it at a Hyundai dealer. After a year it started developing a ticking sound during cold start. It became worst recently and loosing power when driving on highways (overtake). Notified the dealer about it and suggested other maintenance remedies (engine belts replaced, new battery, Switched to full synthetic oil, engine hot oil flushed, Spark plug replaced, Air flow sensor adjust). Took it back again after 2 months and was determined by head mechanic that engine needs to be replaced. All service maintenance records/papers in track and hyundai agreed to REPLACE the engine under warranty. It has 70,000km currently and they have been very helpful processing the claims. Waited for a month for the new engine to arrive. I just payed the shop supplies (Around $80) and got the engine replaced. I spent a bit money on those suggested maintenance (troubleshoot the problem) but it’s worth it and got a new engine, Feels like a new car again! I think with just the right communication the issue will be solved accordingly plus doing a research will get you well informed.
Same issue…piston slapping at 98,000 miles. Dealership claimed poor maintenance with no proof. I changed the oil per the manual. I’m out 5K.
I have a 2016 Elantra GT. Not experiencing the knocking yet, as others have mentioned, but I’ve been noticing since the 80K range that I am loosing increasingly more oil – now about one quart per 1,000 miles.
The dealership started an oil consumption test today, and confirmed .7 quarts for the last thousand miles. Three more 1K interval tests to confirm. Has anyone experienced oil loss?
Yes, I had the same problem with my car and I had to keep it checked because no oil light ever came on
that is what happened with mine, but i never knew it till it was too late. oil light never came on until the engine started knocking. if its not too late for you, you need to contact the dealer. i believe your engine is next….
2015 elantra same issue. Dealer didnt even LOOK at my car and immediately knew the issue. Waiting for a response from Hyundai. Let me know if I can participate in this lawsuit.
Does anyone know if we can still participate in the lawsuit? How can you ensure it doesn’t get dismissed? Anyone know? It would definitely suck if it did because Hyundai would just be getting away with it.
I’m calling the lawyers mentioned at the end of this article
tomorrow to see about getting in on this.
Did you have any luck?
How is a person suppose to move on with this already ClassAction suit?
My daughter brought a 2013 elantra with 51000 miles and 1 year later at 7500 miles it developed an engine slap because she is a second owner Hyundai won’t cover it. We are stuck paying for a car that doesn’t run