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Car manufacturers Kia and Hyundai have been hit with a class action alleging they knew of an engine defect, but concealed it from car owners.
Lead plaintiff Maryanne Brogan claims certain 2011 to 2016 Kia and Hyundai vehicles contain a defective engine.
Brogan alleges that the car manufacturers knew of the defect, but failed to disclose it to consumers.
The plaintiff says that as her son was driving her 2016 Kia Optima EX, he began to hear an engine noise. The car stopped, says the plaintiff, and began to catch on fire.
The defect, alleges the Kia class action lawsuit, is in the design of 2.0-liter GDI turbo-charged engines and 2.4-liter GDI engines, also known as the Theta II engines. The plaintiff says that the defect causes affected vehicles to lose power, make noise, develop engine knocks, misfire, and/or stall.
“Despite their longstanding knowledge, Defendants failed to disclose to Plaintiff and similarly situated consumers that the Engine Defect can result in restricted engine lubrication, including oil flow to connecting rod bearings, as well as to other vital areas of the engine,” states the Hyundai, Kia class action lawsuit.
The restricted oil flow caused by the alleged defect presents safety concerns, according to the Kia class action lawsuit. The defect can cause catastrophic engine failure at any time, alleges the plaintiff. Engine failure could lead to accidents, injury or even death.
According to the class action lawsuit, both Hyundai and Kia have been aware of the alleged engine defect, but have refused to do anything about it. Further, the car manufacturers refused to acknowledge that the alleged defect reduces the resale value of the affected vehicles.
“Many other owners and lessees of the Class Vehicles have communicated with Defendants and/or their agents to request that Defendants remedy and/or address the Engine Defect and/or resultant damage at Defendants’ expense,” alleges the Kia class action lawsuit. “However, Defendants have routinely failed to do so even within the warranty period, often blaming the owners for failing to properly maintain the vehicle rather than admit that the engine’s failure is the result of Defendants’ own misconduct.”
The plaintiff points out that the theta II engine has been previously recalled. In 2015, 470,000 model year 2011-2012 Sonata vehicles were recalled because of metal debris found in the engine crankshaft.
Class vehicles include the 2011-2016 Hyundai Sonata, 2013-2016 Hyundai Santa Fe, 2011-2016 Kia Optima, 2012-2016 Kia Sportage; and 2014-2016 Kia Sorrento.
The plaintiff seeks to represent a nationwide Class of consumers who purchased a Hyundai or Kia vehicle as well as a New York subclass. According to the Kia class action, the car manufacturers violated California and New York state laws, breached express and implied warranties, and violated federal consumer protection laws.
The plaintiff is seeking damages, including punitive damages, as well as an injunction against Kia and Hyundai compelling them to repair, recall and/or replace the allegedly defective engine.
Brogan is represented by Jeffery T. Koening of Hecht Kleeger & Damashek PC, and Austin B. Cohen, Daniel C. Levin, Charles E. Schaffer, and Keith Verrier of Levin Sedran & Berman.
The Kia, Hyundai Engine Defect Class Action Lawsuit is Brogan v. Hyundai Motor America, et al., Case No. 7:18-cv-00525, in the U.S. District Court for the Southern District of New York.
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241 thoughts onHyundai, Kia Class Action Filed over Concealed Engine Defect
2 days ago while traveling from NC to GA my 2017 Hyundai Santa Fe sport broke down after check engine light came on. I had it towed and the mechanic said that I need a new engine because of compression problems with the cylinders in the engine. I called Hyundai and they said they wouldn’t cover because I’m not the original owner. My car currently has 78,000 miles so it would have been covered if I was the original owner which I think is bs. On top of that, after refinancing my car the bank canceled my extended warranty WITHOUT telling me and the car dealership could only offer me a refund for gap insurance and said he could not reinstate because it was already cancelled. I never got a letter in the mail stating this. I’m also on disability and can’t afford to replace the engine. Currently, my car is sitting at the mechanic 2 hours away and I either have to replace the engine out of pocket SOMEHOW or get a lawyer involved. Does anyone have any advice for me? This isn’t right and it seems shady to me.
I bought a 2013 Kia optima and shortly after I bought it from a private seller the engine blew up and had to be replaced. There was a lawsuit that reimbursed people who had bought this type of Kia and reimbursed for the cost and any inconvenience of this. Unfortunately I was not aware of this claim and missed the opportunity to be reimbursed for a $5000 motor. Please include me in this lawsuit. Thank you!!
I have a 2014 Kia Optima that I bought back in March 2020 and it had 95k miles on it and in may of 2021 it now has 110k I was on the free way going back home from college and I went to put my cruise control on and my rpm went up really high and my engine started to rev. So I turned the cruise control off and once I did that I could not push the gas I made my way over almost getting hit. I proceeded to try to restart my car but it wouldn’t come back on. I took my car to Kia and they told me it was my engine and that it was a recall but would not fix it for free because I didn’t a software update. So I asked would the software would have prevented my engine from failing they said no. My explanation is this is a manufacturer messed up and Kia wants people to pay for there mess up???? I am a full time student can not afford this when it was not my fault. I have kept up with the maintenance of my car. I could have been seriously injured because of the cause of Kia’s mess up.
I just purchased a used 2016 Kia Optima in July ( was turned in as a Trade in to a Ford dealership) Ford dealership would not allow me to take car to my mechanic ( so i have to guess that they did know about the oil consumption issue) Now that i have burned through 3+ quarts of oil from July to Oct and another 11/2 since Oct, mechanics note i need a new engine. Kia states this is on my dime- I think we all need to open another class action case against Kia.
I have a 2016 Kia Sorento LX that started to burn oil over a month ago. Now engine is misfiring. Mechanic says its an engine issue/defect that needs to be addressed by Kia Motors. How can I be included in this claim? What steps should i take to be sure Kia pays for repairs abd not me?
I have a 2017 Kia sorento that I’ve had problems with for years.
MY 2014 KIA FORTE STARTED KNOCKING AND NOW AND TOOK IT TO KIA NOW THEY SAIDING NEED A NEW MOTOR.
WHY IS ALL KIA VEHICLES NEEDING A NEW MOTOR,
I just had a 2004 Sebring, so I understand malfunctions…but apparently not well enough to not get punked into spending WAAAY more that i planned to get this 2016 Kia Sorento SX. I looked for months to find the perfect car and after testing 100 others, I bought this used one because my 2008 Sorento was the absolute best car in the world for 150,000 miles.
I asked Hyundai why there was very light white smoke and a pretty steady drip of clear stuff under the front and back. He said, that’s normal, from the AC. While rushing me through signing the paper work I asked, what if I drive away and something big happens to the engine? “That’s why you have the warranty.” He said as he rushed me out the door.
Neither told me about any defects. I took it to Kia today, 2 months later, to complain about a jerk in the gas pedal, the parking brake feels locked or a caliper is stuck, or I’m not sure but I know something is wrong. People drive way behind me and flash brights at me. I also told him that it struggles to accelerate. Kia test drove it and said nothing is wrong, it seems all good.
The next trip I make, there is the damn antifreeze in the vents, which is what has been spraying on my windows and windshield. I want to know what to do. I know there is Blue Devil and other quick fixes for head gasket repair. They last just long enough to sell your car. Do I have a case, what can I do???
I think the dealer, Hyundai, who used the transmission crap to temporarily fix it, because they wouldn’t let me test it for a couple of weeks and the oil was over the top fill line when I checked it right after purchasing it. What can I do???
My kia forte had engine problems and was replaced twice and continued to knock after a week. They refused to replace it anymore stated its the driver’s fault I need to put a class action lawsuit against kia this car don’t work and I’m still paying on it. Bad engine….
On July 31, 2019, our 2.0 GDI-Turbocharged engine in our 2013 Hyundai Sonata seized. Fortunately we were on a straight strip of road and were able to pull off safely, no easy with no power steering. We were on vacation and had to leave it at a dealership 4 1/2 hours from home and rent a car. We were stonewalled by the dealer at every turn, even after Hyundai agreed it was a factory defect and said they would replace the engine without cost. We finally picked up the car on September 6 and drove it home. Within a week we were smelling gasoline so bad in the cab that we were getting sick, so we took it to our dealer where we purchased the car. The other dealer had improperly installed the o-rings in the fuel rail assembly, and had cracked the housing by over tightening the screw. Our dealer initially looked at the car and said it would be a couple of thousand to repair it, and that they were arguing with the dealer that put in the rebuilt engine about who would pay, since they were obviously responsible for the problem. Our dealer fixed the fuel rail and provided a loaner during the more-than-week-long process. Since the day we picked up the car we have had no power, the catalytic converter went bad (it was fine before we took it to our dealer) and caused the turbo not to work. It’s a nightmare and a headache. We had a good car and now it’s junk, and no one seems to want to take responsibility.
My kia Sorento 2014 3.3 is sitting after four payments 88k seized engine. No recall yetsame issue why?
Same situation here. 88,000 miles and the engine is knocking. Dealer said it’s a rod knocking and a new engine is needed at $9K or a used engine for $7K. I asked about the 100,000 mile drivetrain warranty and was told it only applies to the original owner and not me since I purchased it used. Kia is such a ripoff. They know the engine is bad and won’t recall it.
We have a 2014 Sorento SX which blew up at 200k 11000 repair.
I have a 2015 Kia Soul and the engine was bone dry of oil. I had it in for every service appt and the last appt was June 13/19 for an oil change. Sept 6/19 my engine had blown. I am leasing this vehicle from Kia and it was just over the 100,000 manufacturers warranty. When I leased this vehicle I asked for all of the warranties because I didn’t want any problems. It said extended warranty on my bill of sale but I guess it is for a performance package. I spent almost $5000. in warranties and because it is a lease they don’t offer the engine extended warranty. No one told me this until my engine broke down. It took 2 months but Kia did fix the engine free of charge. Considering I don’t own the vehicle I think they should replace the engine free of charge. It took me 2 months to get my vehicle back and the first time I go out to use it my driveway has green liquid all over it. I had to have it towed to Kia again and they said that it was a clamp that wasn’t tightened down. The next day I went to use it again and the power steering went in my car. I almost ended up in the ditch. I took it back to Kia again and they said that they were going to charge me $100 or something like that just to look at it. I was furious. Why should I have to pay for my vehicle after Kia having it for 2 months and I still couldn’t drive it safely. I was very sick at this time and between this car situation and my pain I had a nervous meltdown. I yelled that I wanted to speak to the owner but nothing came of that. I did say some nasty words that I regret now but at the time I was furious and lost my temper. When I went back in to get my vehicle it wouldn’t even start. The sales manager was good enough to give me a boost. I didn’t trust the service dept at Kia anymore. I had it taken to another mechanic. I had different lights flashing on my dash so I even went an bought another battery just in case that was the problem. I had just purchased a brand new battery in January of this year but I bought another one. My mechanic told me that who ever installed the engine didn’t tighten the battery and the alternator. Because of the service dept incompetence my life has been a living hell. I finally tracked down the owner but he said that done everything that they could for me and then he hung up on me. Is it to much to ask for my car to be returned to me knowing it was safe to drive. I just loved my Kia Soul and I had every intention of purchasing a new one or at least buying out my lease. I have 3 more lease payments left and Kia in Sarnia will do absolutely nothing about my vehicle. I don’t mind paying my last 3 lease payments but when I don’t feel safe driving this vehicle I will never by another vehicle from the dealership in Sarnia, Ont. I see there are alot of people with problems with other makes of Kia. One of my friends told me that they saw in on the news that Kia can’t afford to fix all of the engines because they would end of going bankrupt. I have told all of my family and friends about this problem and they can’t believe the kind of service I am getting from Kia.
I am facing similar issues and having problems with Kia. I would love help getting what I deserve. I have a 100,000 mile warranty. None of my lights are indicating loss of oil or engine problems. Seems very shady to me.
Sorry number one rule when buying a car .never never buy bumper to bumper extra coverage its a scam that they get away with .when i told dealer no i dont want extra warrenty its a ripp off he got madd and said if you dont your alarm will not work .i said good i have full coverage on my insurance i dont care.he got mad and he is a liar .it works fine alarm .kua is comeing to really be a crapy car and dealer over rates going to honda for trade in soon.kia is crap