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Kia and Hyundai’s class action settlement which resolves claims that certain vehicles have engines that can catch fire, has been granted preliminary approval.
The decision to grant preliminary approval to the Kia, Hyundai settlement was made by U.S. District Judge Josephine L. Staton in California. The judge noted that the settlement effectively provided Class Members with all of the relief that they had asked for.
In sum, she determined that the settlement is “fair, adequate, and reasonable,” and therefore it meets the legal requirements for approval.
The judge did stress that some details of the settlement had yet to be ironed out — including the crucial detail of the total settlement amount. However, Kia and Hyundai have reportedly designated $758 million to handle the allegations.
The settlement will certify a Class of a whopping 4.1 million car owners who bought a number of allegedly affected vehicles.
Included vehicles are “all 2011-2018 and certain 2019 model year Hyundai Sonata vehicles, all 2013-2018 and certain 2019 Hyundai Santa Fe Sport vehicles, all 2014-2015, 2018, and certain 2019 Hyundai Tucson vehicles, all 2011-2018 and certain 2019 Kia Optima vehicles, all 2011-2018 and certain 2019 Kia Sorento vehicles, and all 2011-2018 and certain 2019 Kia Sportage vehicles originally equipped with or replaced with a genuine Theta II 2.0 liter or 2.4 liter gasoline direct injection engine within OEM specifications.”
These drivers will be eligible for multiple benefits including reimbursement for some out-of-pocket costs incurred in dealing with the alleged defect, if a Class Member was previously denied repairs under their warranty, along with other payments to compensate Class Members.
Class Members are also eligible for a lifetime warranty extension and access to a rental vehicle while their car is being repaired.
The judge determined that benefits were quite valuable to consumers. In asking for a preliminary approval for the settlement, the customers noted that the settlement provided considerable benefits, particularly when weighed against the costs and risks of continuing to litigate the engine defect multidistrict litigation.
The car makers have not admitted any liability in agreeing to settle, but determined that reaching a settlement with customers was preferable over continuing to litigate.
Class Representatives will receive up to $5,000 for their role in the Kia, Hyundai class action lawsuit, per the terms of the settlement.
The judge determined that this benefit amount was low enough that it did not indicate a conflict of interest, so the settlement could receive preliminary approval. Additionally, the judge took this to mean that the lead plaintiffs were indeed adequate Class Representatives.
The Kia, Hyundai multidistrict litigation was created from combining 10 initially separate engine defect class action lawsuits that made similar claims.
Customers claimed that Kia and Hyundai vehicles possessing the Theta II gasoline direct injection engine were defective because the engine possessed a defect that could cause it to burst into flame, putting the lives of drivers and others at risk.
Allegedly, Hyundai and Kia were aware of the defect, but failed to disclose it to customers. The plaintiffs also criticized the companies’ choice to not issue recalls until January 2018, despite knowing about the defect for around two years.
The drivers explain that about two years before the recall was implemented, the National Highway Traffic Safety Board conducted an investigation into the issue, after customers had reported that the engines of their vehicles burst into flames.
The plaintiffs stress that the recall was implemented two months after the Senate conducted a Commerce Committee Hearing to address the issue and asked executives from Hyundai and Kia to attend.
Allegedly, the company knowingly put profits ahead of customers’ safety and general best interest.
Have you ever purchased a vehicle that was defective? Share your experiences in the comments section below.
The drivers are represented by Steve Berman of Hagens Berman Sobol Shapiro LLP, Matthew D. Schelkopf of Sauder Schelkopf, Adam Gonnelli of The Sultzer Law Group PC and Bonner Walsh of Walsh PLLC.
The Hyundai Engine Defect Multidistrict Litigation is In re: Hyundai and Kia Engine Litigation, Case No. 8:17-cv-00838, in the U.S. District Court for the Central District of California.
UPDATE: July 2020, the Hyundai engine failure class action settlement is now open. Click here to file a claim.
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639 thoughts onHyundai, Kia Defective Engine Class Action Settlement Approved
I had a Hyundai Santa Fe 2.4 turbo 2014. On friday morning when we were sleeping the car caught fire when it was parked in the garage and got burned. Part of the house also got burned. I live alone with my 2 kids and we are blessed we made it out of the house on time. I need a good lawyer.
I have a 2015 kia sorento. I just got the oil changed and not it stalls and won’t stay running. They told me I couldn’t get it fixed because my warranty had expired, I couldn’t afford major repairs on my own and have 5 kids and have to transport all over at any given time. I had no choice but to finance another vehicle and was told they wouldn’t take it as trade in and therfore would have to voluntary repo my kia sorento. I dont want to do that, I dont want this other car either because it too has issues and only after 5 days of having it. What can I do? Is my sorento part of the warranty class action thing? Is there a way to get ride of this new car and get mine fixed without any voluntary repos? Please help me.
I bought a 2017 Kia Sorento new. Still under “warranty”. Ha!
It s been at Brewbaker Dealership in Montgomery Al for almost 2 months!
They denied my claim for a new engine stating that I didn’t have oil changed often enough! My argument is, there was never any to change!
My husband would check it regularly and fill it up with OIL.
I don’t know exactly what recourse I m going to take, but I m one angry old lady!
Any advice?
I have a 2016 KIA SOUL with 27,00 miles on it because I am afraid to drive it.
Purchased a brand new Kia only to have it spend 7 or 8 consecutive months in the shop before 15k miles. Since then, have had multiple safety feature failures occur as well. The only thing I wanted Kia to do was repurchase the vehicle after it left me on the side of the highway at 2am in -12 degree weather, but sadly I’m still stuck with the darn thing.
Disgraceful for months and months they claimed engine failure was due to lack of maintenance despite records at their own company proving otherwise.
On 03/24/2019 My 2015 Kia soul spontaneously burst into flames while driving it. I went to the hospital with breathing problems, the blood work showed i had carbon monoxide poisoning. My lungs were inflamed from inhaling the smoke of the burning car. My Kia soul only had 77,000 miles on it. The Kia soul is a total loss. Kia corporate will only cover what is left on the loan. They won’t help me get a new vehicle or offer anything off a new car I would buy. I bought the car brand new. I’ve been paying on it for four years. Now all the money I payed into the car will be down the drain. I was told by a kia representative, that cars only last around 100,000 to 120,000.
Hello James I also have a Kia Soul 2016 , my engine blew after 6 months of having the vehicle in 2019 . Now fast forward to September 2020 the engine blows again . I owe 10000 on the car I truly hope is all gets compensated for this . These cars are no good at all .
I purchased a “certified” used 2015 kia sorento from Carpros in Huntington Beach,CA. I only had the car for less than 3 years and it just stopped working. My husband was driving home and was at a red light and the car just turned off. No warning, no sounds, no lights, nothing. The car wouldn’t even turn on. We bought a battery and it still wouldn’t start. The car was towed to a Kia dealership and it was denied under Kia and my extended warranty. I was told that there was sludge in the engine and would cost $10k to repair. To my surprise they were able to start the car even though i was told that they couldn’t work on it. The car did NOT sound like my it was my car! It was making loud sounds and sounded horrible. My car had never sounded like that before. My husband and father-in-law did my oil changes and i had a couple done at Wal-Mart. My warranty would not cover because i did not save receipts for my filters and oil. I am very disappointed…especially since i just bought a brand new Kia 2 weeks before the sorento broke down. So dissatisfied with Kia and their vehicles.
How do I opt out of the class action lawsuit against Hyundai?
I have Kia sorento few months after I got, I receive a letter of engine recalled, had some packet expeses and sent the document to claim department never received anything from them. the car never been the same since engine change.