Emily Sortor  |  May 12, 2020

Category: Auto News

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hyundai, kia car class action

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.

Hyundai signThe 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

  1. Michelle Myers says:

    I purchased a 2018 Hyundai Tuscon in January of 2020. Yesterday, April 20, 2021 while driving to work the engine started knocking and it was losing power. I was doing 65 mph at the time as i was on the I5. The car began to knock even louder so i tried to get over to the far right lane and as i was doing so there was a huge loud bang from the engine a huge big black cloud of smoke came out of the back side and teh engine and oil lights came on. I waited on a busy highway for the tow truck and that was frightening having vehicle and semi trucks whipping past you. I was on an over-ramp to boot. once the vehicle was towed and brought to the service center where i bought it i was informed that the rod blew a hole through my engine and i needed to replace it. I had only 61,000 miles on the vehicle and of course as most comments i have read Hyundai said i was not under warranty and basically out of luck. $7300.00 to replace the motor and i paid 16K for the Vehicle. Well here is the “KICKER” the same service center had another exact same model of vehicle as mine and it also was in for the same reason a rod blew a huge hole in the engine and her vehicle was of course also denied from hyndai and that vehicle had only 75K miles. Well today, April 21, 2021 i went to collect some belongings i needed from my vehicle and my Service Manager said and i quote ” you wont believe this but we have a 3rd vehicle on its way with the same issue however as i understood the rod has not blown through the engine. I would like to know if any other people had this happen and would like to get a class action suit going on this issue. I am so unbelievably angry with hyundai and will never buy another again and will be selling the vehicle

    1. Kari says:

      My daughter bought a used 2012 hyundai Tucson has only had it for a little less then 3 months. She was driving on the freeway in the far line and when she pushed the gas down the car didn’t do anything so she got the car to the side of the freeway. Turned off car and then tried to start it wouldn’t start. Towed it home then Towed to shop and the found the engine seized, they couldn’t turn by hand. 82034 miles. Yes it had oil and gas. No warning just stopped. I have read about a lot of Tucson cars same thing with the engine. Her car isn’t covered, all cars should be COVER…They can’t find an engine. I learned they stop making the engine in 2018. Will NEVER BUY a HYUNDAI again. Her first car and it wasn’t cheap…

      1. Stachana Harris says:

        Same happened to me twice with my children in car on freeway so scary and life threatening I don’t even want the vehicle at this point!

      2. sandy says:

        Same on our 2014 Hyundai Tucson in shop for over a month now

      3. Chloe says:

        The EXACT thing happened to me on the highway last week with my 2013 Tucson! I accelerated and the engine just seized up. It’s towed to the Hyundai dealership just waiting to hear what they say. I’m really hoping they will cover the costs but I just don’t know what to or how to fight it if they say it’s not.

    2. Tracey Carreras says:

      I hate hyundai now. Has anyone had a response? From anybody on this post? They don’t care I guess. I feel for everyone’s story .mine is just as bad. I have no problem starting the class action. I am so pissed right now. I hope people are still reading these.

  2. Mitchell Miller says:

    My wife purchased a used 2015 Kia Soul plus with the 2.0l engine. At 108,xxxx the check engine light came on and our independent mechanic stated it was a catalytic converter failure. We had him replace it because Kia wanted $1,600.00 just for the converter, plus labor. Immediately after the repair the engine started using oil at about a quart every 1,000 miles. This has steadily climbed to about 1 qt. every 600 miles. A Kia dealer oil consumption test confirmed this, they asked for all service records which we provided. Oil changes were performed every 3,000 miles. Kia has refused to repair the engine so those of you who got shafted because you didn’t have oil change receipts don’t blame yourself, Kia is simply using every underhanded tactic they can to screw the customer. I am searching now for an open class action for Soul owners. Hope we can join. This needs to really hurt Kia in the wallet. Seems being forced to do the right thing is how Hyundai/Kia operates. Guess how many more of them my wife and I’ll buy? If you guessed NONE, you’d be right!

  3. Jordan says:

    I have a 2014 Hyundai Tuscan with what seems to be the same engine that all the problems it says it’s a 2.4 L GDI (not sure how to tell if mine matches to be able to qualify for any of this ) but I just recently bought it at a dealership this last September and only had the car 7 months it has 126,000 miles and I had been asking Hyundai what was wrong because seemed my car was going through a lot of oil in between changes and they said it was normal well 2 weeks later while driving I heard a ticking noise from engine and now the bearing bad and need to replace motor. They claim it’s out of warranty and will cost me 9,000$ . Obviously I love my Tuscan but was unaware of all the issues . Hyundai refuses and keeps going in circles how they can’t help or cover even though I have never seen and oil light on ever since purchasing or engine light even when motor seized. Any advice on what should do or how to know if my engine really complies with this lawsuits to get a motor replaced .

  4. Ann A Lauritsen says:

    I am an owner of a 2015 Santa Fe with a 3/3 engine that needs replacemenent.

    However, this engine is NOT part of the lawsuit, despite that one of the original plaintiffs had the same car. As the second owner with a car with 88k miles, I was told I was not covered by the 100k warranty AND my vin is not part of the settlement. Not sure why we were excluded but I am stuck with a lemon I will have to sell as I cannot afford to fix it.

  5. Evelyn McRae says:

    We own a 2013 Hyundai Sante Fe Sport 2.4. On Feb 5, 2021 we were driving on the highway when the motor suddenly revved up to 5000 rpm and the car lost all power and slowed down. The car can still run but will not go over 2000 rpm and the engine is knocking. When reading the class action suit, our mechanic said this is exactly what this suit is about. We have spoken with the class action group and they have informed us that we are eligible for this suit. We now have the vehicle at Hyundai dealer and will have them look at it and await judgement on this suit.

    We are very nervous though that Hyundai will pay nothing on the dollar for the claim when we feel this is a known issue by Hyundai and should cover the entire 100% of costs. We are out a vehicle right now and could be out the price of a replacement engine when we have followed the maintenance to a T and this is a known defect. If not covering a 100% of replacement then we would go to our own mechanic for 65% of the cost. If the suit is approved and we proceed with Hyundai to have it replaced we are putting good faith in Hyundai that they will stand behind this and cover the whole cost. If not we will be trading off and it wont be for a Hyundai. We hope it does not get there as we enjoy the car and parents have a Hyundai too. And loyalty will go both ways and depends on customer service.

    Will be interesting how this all plays out.

    1. Christina Bannister says:

      Oh no! Please, any updates? My Hyundai Santa Fe 2014 is currently sitting at the Hyundai dealership because it broke down today. I was driving at about 40 mph just 1 mile from my home and the same thing happened, the engine revved up and then I let go of the gas pedal and then put my foot back down to pick up speed but nothing happened. Thank God I didn’t panic too long because I was able to pull safely into the middle lane and wait for a tow truck. It was so scary! The check engine, steering light, oil light and battery light popped on. I turned the car off and on but engine wouldn’t flip or anything. Hyundai called and told us worst case scenario – Complete engine seizure. Waiting to hear back of covered by extended warranty and what costs or options are. Praying for good news!

    2. Jordan says:

      Out of curiosity cause going through very similar how did it turn out?

  6. Blair Madsen says:

    On February 3, 2021, I purchased a 2015 Kia Optima LX with 28,042 miles. I was unaware of this settlement and concerned why the Kia dealer did not mention it or help me understand how I can make a claim so that I can take advantage of the lifetime warranty if I have any issues with the engine. With that said, how do I make a claim so that I can be protected.

  7. Martin Rios says:

    I recently received a Final determination notice from Kia on a 2013 Kia Optima. After sending in all required paperwork, there offer to me is $539.93. This out of $6145.74. The letter says if I disagree I have 60 days to seek arbitration.. Has anyone else received anything similar. I’ll keep you posted on my settlement.

    1. Chastity Cordova says:

      I recieved a similar letter about the same time you did, but saying I was not eligible for any reimbursement.

      1. Brandon Carkuff says:

        I received an initial letter stating deficiencies existed with my claim. I resubmitted my paperwork and then received a final determination notice yesterday stating my reimbursement amount was $0! Has anyone filed for the arbitration?

    2. Shamia says:

      Same situation as you! I just purchased same car, same year, & model. Dealer didn’t mention anything! Plus the car had recalls on it. Needless to say my engine is knocking & the car is in no driving condition after only 5 months of purchase! They didn’t let us know anything about this settlement. I found out about the settlement on the very last day to file on it! I quickly filed a claim & awaiting answers

    3. Mark Meachum says:

      I am sending in my rebuttal response to Kia’s initial determination. I had a 3.3l engine. Severe knocking and STALLING

    4. Tracey Carreras says:

      Yes I went 60 days without my car and spent out of pocket after they lied and told me I was approved for $60 per day for car rental via An email that I have still. I got offered today a lousy $320 bucks and I spent over$1500 just on car rentals. This experience has been a freaking nightmare. What do we do. I told them I was beside myself in disgust, a slap in the face. I went through torture with my suv and still am. I make that in a day. Are they seriously going to insult us like this. What are our options at this point?

  8. Carmín says:

    I own a 2005 Kia spectra
    Am I entitled to submit a claim or join class settlement?

  9. Sheryl Frank says:

    I have a 2013 Kia Sportage 2.0 that seized up on me in March 2019, when I had it towed to the Kia Dealership in Arlington the service manger said that it had seized up and that the engine is one of the engines in the law suit, I have filed a claim and they said that it wasn’t one of the engines that is in the suite. Well I’m going to refile and explain once again that there dealership is the one that told me the engine sized up. This is my second Kia and it will be my last. I had to finish paying for the vehicle and I feel that I should be compensated for that and get a new engine, since I was unable to drive it, due to the engine seizing up. Is anyone else having this issue?
    I am a single Mother and I cant afford to just finish paying for a vehicle and rent another while it has been almost 2 years since all this happened. This is absolutely ridiculous that you can purchase a vehicle and cant drive it.

    .

    1. Connie Maxwell says:

      December 11, 2020 the Engine in my 2017 Kia Sorento caught fire while driving and is a total loss. Was able to coast into a parking lot before the engine was totally engulfed in flames. That night I was so baffled and decided to google Kia Sorento engine fire and discovered my vehicle was part of a major recall and class action law suite due to engine fire issues. Had the car towed to dealership in Arlington Texas where I purchased it new. They checked the vin and confirmed it was part of the recall, gave me a loaner and the phone number for Kia Consumer affairs. Sent the pictures they requested. they got back with me December 18, 2020 and was told that since my car was part of the class action, I had to file a claim either through the Kia class action website or with my personal insurance. Never received or knew anything about a recall or law suite. They said I should make arrangements to have the car picked up from the dealership!! I called the Kia Claims Administrator and all they could do was read me what it said in the class action law suite no help at all! I am not sure where to go to get answers to my questions. Mean while my burned out car sits at the dealership.

  10. Jaana says:

    Paid cash for a loaded 2014 Sante Fe Sport Turbo in 2017.
    Engine stopped. Sunroof motor went out.
    Several other very expensive repairs I can’t think of now-

    I KNEW they knew when I bought the damn thing at TUSCALOOSA Hyundai

    Researched the crap out of that particular car through Consumer Reports, etc…

    Shoul’ve NEVER let go of my TOYOTA Tundra.

    Learned and continue to another big life lesson.

    Oops..gotta go. think my car’s on fire!

    JMM

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