Hyundai and Kia have been hit with a class action lawsuit claiming that the companies’ vehicles are equipped with faulty Theta II engines.
Plaintiff Andrea Smolek states that in late 2014, she purchased a new 2015 Kia Sorento LX. She claims that less than two years later, the engine experienced problems.
According to Smolek, she was driving down a highway when she heard a “series of loud sounds” coming from the engine, which were “punctuated by a loud bang, the violent shaking of her vehicles, and the illumination of the check engine light on the instrument panel.”
The Hyundai, Kia class action states that Smolek then had her vehicle towed to a Kia dealership, where a technician allegedly discovered that the engine oil had turned to “sludge.” The technician reportedly stated that this had occurred because the oil had never been changed in the car, despite the fact that the technician had requested Smolek’s oil change records, and she produced them as proof that she did change her oil in accordance to the guidelines provided by Kia.
The plaintiff states that the Kia dealership then denied her warranty claim over the defective engine, claiming that the company agreed to inspect the engine, but would charge her $1,000 if they did not find a defect. The dealership then reportedly stated that the engine needed to be replaced, but if she did not have it replaced before leaving the dealership, her warranty would be voided.
According to the Hyundai, Kia class action, the plaintiff felt that she had no choice, so she purchased a new engine from the Kia dealership for $6,000. To afford the purchase, she states that she had to take out two high-interest loans, which she is still paying back.
Smolek argues that many other Kia customers have been similarly impacted, and that Kia’s practice of blaming consumer for their defective engines is one that is consistent across many consumers’ experience.
The Kia, Hyundai class action lawsuit states that the Theta II engine is defective in its design, and that the design flaw allows contaminants to enter the engine’s fuel injection system. This then thickens the oil in the engine beyond usable levels, causing the engine to fail. Allegedly, this leads to an immediate failure of both the engine and power steering, and endangers drivers and passengers.
The plaintiff alleges that “the defect thus creates a safety hazard not only for the vehicles’ occupants but the occupants of the nearby vehicles.” She goes on to say that “countless consumer complaints to Hyundai, Kia, and traffic safety authorities detail the safety risks and economic burdens of vehicles prone to total and unexpected engine failure.”
The Hyundai, Kia class action claims that the company knows that the engines are defective, but nonetheless sell the vehicles and endangered passengers, as well as knowingly deny warranty requests for the design flaw.
In support of this claim, Smolek cites the fact that in September 2015 and March 2017, Hyundai recalled vehicles equipped with the Theta II engine, a total of 1.66 million vehicles in North America. At the time, Hyundai stated that the nature of the alleged defect was different from the one Smolek describes — that metal from the manufacturing process was left over in the engine.
This class action follows a $8.5 million class action settlement resolving similar engine defect allegations against Hyundai.
Smolek is represented by Jason S. Rathod, Nicholas Migliaccio, and Esfand Nafisi of Migliaccio & Rathod LLP; and Stacy M. Bardo of Bardo Law PC.
The Hyundai, Kia Engine Defect Class Action Lawsuit is Andrea Smolek v. Hyundai Motor America, et al., Case No. 1:18-cv-02716, in the U.S. District Court for the Northern District of Illinois.
UPDATE: On June 5, 2018, an Illinois federal judge issued an order directing the transfer of a class action lawsuit over alleged Hyundai and Kia engine defects to California federal court, where similar lawsuits are currently pending.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2025 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
367 thoughts onHyundai, Kia Class Action Lawsuit Claims Engines are Defective
I have a 2018 Hyundai Santa Fe Sport AWD with a 2.4L engine and it has an oil consumption problem. I get regular scheduled oil changes and between the oil changes I have to purchase additional engine oil to keep in the vehicle because before the next oil change, I have to check the oil level and refill it with oil. My Hyundai has been down since February when they checked the lower engine bearing but it passed the test and it should have passed because I kept the oil level where it needed to be. The engine would make noise so I knew it was time put oil in it. There were times no oil was on the dip sticks. I called Hyundai customer service and they referred me a the claims line first and then to the BBB and they all denied the claim because it was 5000 miles over for the warranty. So I’m being denied for taking care of my vehicle. If I had neglected my vehicle and let the bearing wear out they would have covered it because it would’ve made it to 100k miles. Hyundai increased the warranty for the lower bearing issue to 120k miles but not for the oil consumption. The oil consumption is the issue, and not the lower bearing, if they fix the oil consumption problem the lower bearing problem goes away. If any vehicle runs out of oil the internal engine parts including bearings will wear out and/or sieze up. Hyundai is refusing responsibly and any assistance with this issue and is poor customer service.
I had a 2011 kia optima. I drove my car in the morning and it was acting a little funny then later that day I had to drive 45 mins back home and the highway and it was the scariest drive home. The check engine light went on out of nowhere and the car started jerking. We barely made it to my house that night. I called kia and I asked them why my car was doing that and they wanted me to bring it down. We’ll on the way there my car just completely shut off in the middle of the road. I had to tow it to kia if I remember correctly where they advised me I would need a new engine. I think they quoted me around the 6,000 dollar mark. After fighting with them for like 2 days trying to figure out how I am going to come up with that amount of money, I received a letter in the mail regarding the recall. Needless to say it was the most stressful situation I have ever gone through. I am thankful my car didn’t stop as I was driving on the highway with my babies in the car. We had to drive in the slow lane with my hazards on the entire ride home.
I have a 2017 Kia forte and the engine had knocks at 32,000 miles and was never fixed now it has transmission problems and it has 83,000 miles this is a lemon.. Im really pissed about it people put hard working money into buying a car just to end up with a lemon. They recalled 2018 Kia forte.. why not the 2017 because they aren’t any better!! I like to run this motherfucker through your damn showroom window. I’m a single mom with heart conditions and need to get to drs but this lemon you sold me.. I want in on the law suit also
My 2017 hyundai elantra se going thru same thing wit check engine light on keep having replaced coil packs spark plug like wtf wen I give gas get up speed that mfr loud as hell cost living going up in south Carolina sad part only owe 1200 left pay off car purchase in July 2019
I purchased my Kia Soul brand new in 2020. Always did oil changes on time whether it was at the dealership or at another car care location. I began having engine trouble on January 1, 2024. I took my car to the dealership and was told “the engine is full of sludge because you didn’t do maintenance on time.” I provided the proper documentation and was told I would need a new engin because my VIN wasn’t on the list of affected engines. My car has been broken down since January 1, 2024. I am a single mom with one income and 2 very active teenagers. I want to be added to the lawsuit. The dealership knew of this issue with the engines in these cars and they have done absolutely nothing to help or fix the issue.
I’ve had my oil change when it was supposed to when my light all lights started coming on I took it to the dealership and they said they couldn’t find anything wrong with my engine every 3 weeks I’ll put three quarts of oil in my car and that’s not right I have to go to work and I have to have a place to live they know there’s a recall on my engine but they will not do anything about it can you add me to this list I am still driving my car as of right now but I am scared that it’s going to put me out on the side of the road and that is my only vehicle.
Oh let me add they knew it was a recall on my engine but will not replace the engine unless it blows up then that means I have to pay for it to be towed the dealership which they claim they will reimburse me the money back but still it is not fair