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Last week, Hyundai Motor America Inc. was hit with a class action lawsuit in California federal court alleging that the motor company failed to disclose a defect in the engine of its 2011 to 2015 Sonata models.
Lead plaintiff Beth Graham, a Sonata owner, alleged in her class action lawsuit that Hyundai did not disclose that the engine in the Sonata model was manufactured with a defect in its rotating assembly that causes “sudden and catastrophic engine failure.”
“The rotating assembly cannot withstand the long-term stress generated within the Sonata’s combustion chambers and fails within the useful life of the engine (most failures occur between 60,000 to 90,000 miles),” the Hyundai class action lawsuit alleges. “When the rotating assembly fails, it does so without warning and causes the engine to seize suddenly—leaving Sonata drivers without power and struggling to maneuver the vehicle to safety.”
Graham further alleges that in addition to concealing this defect from Sonata owners and failing to issue a recall, Hyundai improperly denied warranty coverage to owners whose engines failed due to the defect. “Hyundai has concealed the problem from consumers and implemented a concerted practice of denying warranty coverage for failed engines,” the engine defect class action lawsuit alleges.
“Hyundai tells Sonata owners that they must submit a complete record of the vehicle’s maintenance history before making a warranty claim—even though it knows that Sonata engines fail regardless of owner maintenance and that the faulty rotating assembly is responsible,” Graham alleges in the Hyundai class action lawsuit. “For those warranty claims that are submitted, Hyundai’s practice is to deny them based on inadequate maintenance records or improper maintenance,” she continues. “Hyundai denies that engine failures are widespread in Sonata vehicles and blames its customers for the problem—forcing them to pay as much as $10,000 for an engine replacement.”
Graham also alleges in her class action lawsuit that Hyundai was or should have been aware of the defect. “Hyundai is, of course, currently aware that Sonata engines are seizing in record numbers,” the Hyundai class action lawsuit alleges. “It provides Hyundai dealerships with replacement engines and carefully tracks both part sales and the type of repairs conducted by its dealerships,” Graham further explains.
“In addition, many Sonata owners have complained to their dealership and to Hyundai’s corporate office—to no avail,” the Hyundai class action lawsuit continues. “The strong likelihood is that Hyundai knew of the rotating assembly defect much earlier, likely before Class Vehicles were ever released to the public.” Graham further points out that discovery and review of Hyundai’s internal records will be necessary to know whether Hyundai was aware of the defect, “but the rotating assembly defect is one that would typically be discovered during standard pre-release testing,” she contends.
Graham alleges that Hyundai violated various state laws and class members are entitled to costs and damages. The proposed Class includes “[a]ll persons who purchased or leased a 2011-2015 Hyundai Sonata within the United States.”
Graham is represented by Eric H. Gibbs, Dylan Hughes, and Steve Lopez of Gibbs Law Group LLP.
The Hyundai Sonata Engine Defect Class Action Lawsuit is Graham v. Hyundai Motor America Inc., Case No. 5:15-cv-02071, in U.S. District Court for the Northern District for California.
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310 thoughts onClass Action: Hyundai Failed to Disclose Sonata Engine Defect
I own a 2011 Hyundai Sonata. Same thing happened to mine while driving on the interstate. It is now sitting here until I come up with $7000 to buy a new engine. Please send me information regarding this lawsuit.
I just had a 2011 SE 2.0 T engine seize last Friday while driving 70 mph on the highway. I was contacted by the dealer today and as the car has 86k mikes and I am the second owner I have no coverage.
I received a recall notice for sonata engine and have submitted my invoice for reimbursement . My engine stopped suddenly while driving on the freeway at 65mph in feb 2015 prior to the recall! Im hoping they send me a full refund!
2012 Sonata and engine failed also. Hyundai of course said there is nothing they can do. why can’t they recall these engines before someone gets killed…I want to join the lawsuit…please send info.
This happened to a week ago and all the Hyundai dealership says is 30-45 days for. New Engine. They have yet to give me a legit reason what happen. I wanna join this!
The exact same thing happened to my 2012 Hyundai Sonata when my car was less than 2 years old. They told me to provide every piece of documentation on maintenance before replacing the Engine which they did. A few months later my car still had issues and took it back in, turns out the NEW engine that they put in failed too and they had to replace that one too. Please contact me to get on board with this lawsuit. I have ALL the documentation ready!
I would like to get info please. My 2013 has been knocking for a few weeks. Brought to dealer and they said car has no problem. Stournas11@hotmail.com
I recently got a car the beginning of this year (2016) and have been having problems with it. The car had a recall for the engine, that they never updated me on after purchasing the car. The keeps telling me different dates as to when the car will be fixed (possible 3 months) and they’re nonchalant about it. I’ve been fired from my job(s) (no transportation!) and they’re not offering to pay for a rental or anything. I have bills to pay and I’m falling behind on car payments due to neglect on their end. I have put a new battery and starter and now a new engine is needed. If anyone has any advice or helpful tips on how to go about this lawsuit I’d gladly appreciate it. I feel as if this recall campaign should fall under a Lemon Law!!
My 2012 Sonata had a seized engine on july 3. Car is dead and att he dealers who wont do anything but charge me $6700.00 to replace the engin. PLease contact me
Hello, I experienced engine failure as well. Have the law firm provided any updates regarding the time lines or any responses from Hyundai, thanks?
I am the owner of a 2013 Hyundai Sonata. The engine failed without warning one week ago while driving in the interstate. Hyundai declined to replace the engine under warranty and states a used engine would cost approx. 4,000. My vehicle is still at the dealership. I am at a loss. Please contact me with any information regarding the class action law suit. Thank you.
Same thing happened to me. My car has been at the dealership since April 2015. My understanding is Hyundai doesn’t have enough parts to fix the cars yet. Meanwhile, I’m paying for a car I can’t use, through no fault of my own, and it continues to depreciate in value.
HI my name is Mary have the fixed you car. My car has been at the dealership for 4 months and regional days they will get to it when they get to it.
I have a 2012 turbo sonata from Keefer hyundia, it has been there since may 24th 2016 and remain ‘s there. The lack of concern from the dealership and southern regional Manger stating it can take a long time and there is nothing we can do. She is closing our case until the car is repaired and returned. How is it that we pay 550.00 a month for a car ,storage fee of a blown engine and have to continue to pay for a car that isn’t drivable and continue to pay insurance on a nonfunctioning car. It is beyond me the lack of concern and we would like information on how to deal with the dealership and hyundia of america with the class action law suit please send me information concerning this.
mine did two weeks ago with only 61k on the motor ..
I am replacing a failed engine in my 2012 Sobata this week. I want to join the class action suit.
Same thing happened to me and my 2011 Sonata resulting in me purchasing a new engine from the dealer for over $5000.00. Please contact me with info re: law suit
Bet when you find out information on the suit please let me know I was told my car is only $7500.00 trade in value due to this problem
Your name
Your street
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[Date]
Eric Gibbs
GIBBS LAW GROUP LLP
505 14TH Street, Suite 1110
Oakland, California 84612
Dear [Recipient Name]:
I am writing to object to the Settlement in In re: Hyundai Sonata Engine Litigation, No.5:15-cv-1685-BLF. My name is John Forrester. I live at (your address). My phone number is (your phone). My 2011 Hyundai Sonata GLS has VIN # (your VIN). I bought this vehicle new and would have great difficulty selling it for a reasonable price today due to decreased value, which has occurred since the fact that …”Hyundai sold 2011 Sonata vehicles with defective rotating assemblies in the Theta II 2.4 L engines that cause sudden and catastrophic engine failure. When the rotating assembly fails, it does so without warning and causes the engine to abruptly seize.” This gross negligence could result in death or serious injury. Your proposed settlement of covering the cost of certain repairs or repair related expenses such as tow or rental car and also an extension on the powertrain warranty for the engine block assembly of only 20,000 miles, which only applies if the car is under 10 years old when it reaches the additional 20,000 miles, is woefully inadequate! Most people put at least 10,000 miles a year on a vehicle, so it is null and void.
By driving my 2011 Sonata or by having my wife drive it, I believe I am risking life! This settlement provides me no satisfaction that my car engine won’t one day just seize, while I am driving on the highway at 75 mph. This could easily end in death or serious, debilitating injury. It is no comfort that my tow or car rental might be covered due to this lawsuit. Also, your settlement stating that the repair of the engine might be covered, provided my vehicle is not completely totaled by a tractor trailer or other vehicle due to this catastrophic engine failure….this is not reassuring! I am now afraid to drive my car, have my wife drive my car, or have anyone as passengers in my car. I am even afraid to sell the car to someone else, who may become victim to this faulty engine.
I believe that a correct settlement would include replacing the engine in my 2011 Sonata with a new, non-defective one. Since my care was manufactured in the plant that produced these defective engines, I believe that Hyundai owes me a new engine installed at the very least!
In addition to the fact that my car engine might seize without warning not being taken into account in this settlement, I am also concerned that the owners of Sonatas are not being given any type of compensation for the way Hyundai put their lives at risk by not disclosing the problem, as soon as it was discovered in order to protect the lives of anyone driving or riding in the car.” Rather than addressing this safety problem by warning drivers and recalling its dangerous vehicles, Hyundai has concealed the problem from consumers and implemented a concerted practice of denying warranty coverage for failed engines. Hyundai tells Sonata owners that they must submit a complete record of the vehicle’s maintenance history before making a warranty claim—even though it knows that Sonata engines fail regardless of owner maintenance and that the faulty rotating assembly is responsible. For those warranty claims that are submitted, Hyundai’s practice is to deny them based on inadequate maintenance records or improper maintenance. Hyundai denies that engine failures are widespread in Sonata vehicles and blames its customers for the problem—forcing them to pay as much as $10,000 for an engine replacement.” This shows gross negligence on the part of Hyundai. There needs to be compensation to the owners of these vehicles. Hyundai put their very lives at risk, by not addressing the problem earlier. The fact that Hyundai also tried to avoid honoring warranty claims in this deceptive manner also points to the need to provide some type of compensation to the owners of Hyundai Sonatas 2011-2014. I suggest you go back to the table and create a more reasonable settlement. I do believe that it will cost Hyundai quite a bit to remedy their errors. If they did put new engines in the Sonatas affected, they would avoid injury lawsuits that are much more costly.
I formally object to this settlement as of today, September 7, 2016. I have not made any other objections to any class action settlements submitted in any court in the US in the previous 5 years. I do not intend to appear in person, but by counsel, Eric H Gibbs, and David Stein of Gibbs Law Group, LLP at the final hearing.
Sincerely,
I just had this same problem with my car yesterday
My car is at the dealership right now. Same issue.