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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
Hi all,
I have a 2017 Hyundai Santa Fe sport out of warranty since there is 125,000 miles on the car. I have been having engine issues with oil consumption for past 6 months and now engine needs to be replaced. I sill own 16,000 on the car but the dealer and costumer care say nothing they can do.. I thought that with the theta engine class act lawsuit there was extended warranty/lifetime warranty on these particular cars… any thought how how to proceed going forward? I can’t afford a new engine and I can’t dump the car and I have already put 3000 in towing and rentals… feeling really trapped over here
I have a 2011 Hyundai Sonata with 99,500 miles and the 2.0 liter turbocharged engine. About 6 weeks ago while driving on the freeway the engine lost power and I coasted to a stop. Prior to this I had no warning lights displayed and I had checked my oil level about a week prior. The oil level was full. After getting towed to a Hyundai dealer I was told about a week later that my engine had locked up. This is the failure described in the Theta engine class action settlement. It is now almost 6 weeks out from the engine failure and the dealer still does not have an answer so to whether this engine failure will be covered or not. As time goes on, I feel as if this failure will not be covered. Is there anything I should be doing?
The 2011 Kia Sorentos were included on here but now they’re not on the newest class actions. Does anyone know Why?
Bought a 2015 Kia Sedona Lax with 3.5l engine in 2014 from Strafford Motors. In Salisbury, MD. Which is not longer in business their called Sheffield kia. like 4 hrs away from where we reside in Camp Springs, MD. The vehicle has had oil change and brakes every 3000 miles instead of manufacture warranty which states every 5000 miles. Never had any warranty issues till one day in November 2019 on 495 on a trip 10 miles from our house the engine blew a headgasket at 85000 miles So we took it to Far Cars Kia which is like 5 minutes from our house. So they were suppose to replace the engine. Which a thought they did. Engine looked like it came from a junkyards dirty and. Not even detailed. So we were told we only get 12000 miles warranty. At 11397 miles after the install it was acting funny so got it put in diagnostic and it said throttle body. So we we took it back to the dealership I checked with parts sept they said it would cost 300 for part. Then I speak to service writer 5 minutes after quote of part. Now he gave me quality control check list which said 500 for throttle body plus 3 hours labor. Also said we had antifreeze leak from the the y pipe metal line between the engine and firewalls. Okay I told my wife we will get it fixed by then oh it should be under warranty of new engine installed at 85k. Nope they charged us $700. So one day after getting issue resolved in drive the vehicle and I smell antifreeze and I topped the antifreeze. Three days later on my wife’s commute into DC which is 11 miles one way at 15-25 mph.it just stopped on one of the busiest streets in DC North Capitol 6 blocks from her job. So we took it back to the dar cars dealership. They tell us its a blown head casket again due to the return and supply line that service the rear AC in the trunk of the car blew off. Mind you it suppose to take 3hrs to get to. They don’t want to replace the engine. Giving me all types of excuses why they can’t. Then request we show all the oil change receipts which has nothing to do with the antifreeze hoses blowing off. So the service writer Jeremy Conor told us that he wasn’t going to service our vehicle when he ran out of excuses. So my wifes pissed off and wants to take it to another dealership.i said no get it dropped off at our house first I want to see something. So I go to the trunk to see if the carpet had been removed to confirm location of the antifreeze leak.there was debris from lawn sand. So it had not been removed. So I jack the vehicle up and I told my wife I bet one of the hoses is off. Oh because the last excuse the mechanic gave was I couldn’t pressure test from antifreeze cap. So in creep under the vehicle were the spare tire drops down to check the y pipe which they charged us $700 for on and engine they installed now. And from the metal line it converts to (2) 10″ hoses one of which wasn’t even connected and was missing a clump. Thats when I lost it. Also to add fuel to the fire both the return and supply line hoses where blown up twice the size of the new hose in had at my shop. They blatenly lied about an install and repair we got charged for on a vehicle we paid off a 1yr after financing. Had 3 complaint tickets puffin with Kia Manufacture that service writer kept getting closed out with no rectification. So now my wife has to catch the train and shuttle to work as an essential worker at Washington Hospital center mind you during this covid pandemic risking her life everyday because the service writer lied.balso have taken to my mechanic and Laurels Kia to get a second option. They said we need a new engine and my mechanic confirmed that the engine was not new and cool packs were not replaced they put the old ones back in and swapped the throttle body off our old one that still had the sticker on it from manufacture. Mind you I took a pic of it before we even got the engine replaces thats how I know. So we misses this lawsuit and I googled the 3.5l reputation on sedona 2015 and there were over a million defective in the first search. Van someone help us we have any autistic son that has seizure. Sometimes. And the ambulance cant get here fast enough since we are so I far from hospital.
My case is similar to you ,I am also from MD close to laurel , we need to find a consumer lawyer
Wow you had about as great experience as I have. I am so sorry. I hope thi gs are better now.
i have a 2017 kia sportage it has 43,638 on mileage i bought it had 22,ooo on the mileage,,so i got about 20,000 miles on it,,bought it august 2019 seems like the tranny skips when i pull out and sometimes sitting at a light the idle will get rough ,,now the oil light came on and went right back off so i checked the oil it was bone dry,,i keep my oil changed on a regular basis the oil light should have been on constantly being that low,going to the dealership tomorrow to see what they tell me,wish me luck!!
I have a 2011 Hyundai Sonata! PLEASE ADD ME!!!
Hello I found a class action law suit but have yet to hear anything from the attorneys that are handling the case. We can definitely start one up! I too experienced an issue with my engine at 126,000 where a piston blew through the short block of my engine causing it to stall in the middle of the road.
Does anyone know if there is a suit or recall covering a 2012 Veloster 1.6 gdi. 116k miles. Engine noise, rod bearing?
I don’t want to get too detailed it’s a long story,My 2016 Hyundai Sonata Hybrid caught on fire while I was in the car. The fire department said it was due to an electric or engine problem. Before then, I was driving from a friend house on the highway I smelled and saw smoke coming from the vents. I got the the nearest neighborhood close to my house & I pulled it over for 10 minutes to cool down. I start it back up & everything was perfectly fine. 5 minutes later I got to a stop sign then my car caught on fire it didn’t even smoke at fire it just burst into flames. Me & girlfriend jumped out as quickly as possible no one was hurt but I did lose a lot of important things including cellular device and FedEx equipment. Next Morning I found out my car has been for re call not only that It been on re call since January & no one followed the correct safety procedure by directly notifying me instead of sending it to the wrong address. I understand the vehicle not registered at my current address but I still wasn’t directly notify no phone calls no emails no text to make sure I did take my car to get inspected that is an unsafe procedure Hyundai did not take action of I even found out about the re call on March 31 I didn’t know anything about it. Yes I have a warranty but no insurance. By law insurance does not have anything to do with an engine manufacturing problem and iam able to get a car or a reimbursement check. An Inspector suppose to come out but I don’t know when The City is giving me 5 days to move it. Anything that’s under a recall & being towed it’s not my problem I informed Hyundai Motor Headquarters they said they will try to get their shortly. Either one is fine I just want Hyundai to take action & do there part.