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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
On April 17, 2018 my 2011 Hyundai Sonata’s engine had “complete engine failure” and seized during mid-drive, while taking an exit ramp to merge onto a major highway. I am currently over warranty 10000 miles and have experienced pretty much ALL of the experiences previous posters have stated…in regards to car symptoms, treatment of/from the dealership and lack of ownership of this engine defect issue from corporate/manufacturer. I would love to be a part of this lawsuit!
Well you will be happy to know the warranty is 120,000 miles. Crush the giant, drain the swamp and remove the Mud
I have the same exact problem with my 2013 Kia Sorento. Engine rod blew at 89K miles with no warning. The car had an oil change 3 days prior and has been properly maintained. I was told by both a Kia service manager and another mechanic that all the 2.4l engines which are essentially the same, are having the same issues, but only some are eligible for the recall. Kia consumer affairs is a joke. Its set up like a call center so no one actually has to take any responsibility. They open and close cases with no resolution.
I bought a used 2015 Kia Optima March of 2017. I had it less than a year and my engine started knocking with 60,000 miles. I had an extended warranty and because I can’t prove I did maintenance on it my claim was denied for a new motor. They did take into consideration that it was 2 yrs old when I bought it. Now I am out a car but still have to pay the bank for my loan. I can not afford to be without a car with my illness with cancer. Please let me know how I can get in on this law suit against Kia.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
April 6th 2018 my wife’s 2013 Kia Optima Ex stopped in mid Highway and engulfed in flames!
Around end of Jan, my 2013 Hyundai Sonata 2.0T that i was financing for not even a year stopped in mid Highway after my brake locks catching fire a short time afterwards!!!!
I have a 2015 Kia I just purchased. Please let me know how to get on the list for the class action lawsuit.
Thank you.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
We have a 2016 Sorento we purchased brand new. On our way on the freeway the car stopped. Luckily we were able to pull off the freeway where traffic was passing us at 70 mph. We were able to drive slowly home and the next morning took the vehicle to the dealership. That was early, before 8 am. The service manager put the computer system check on it and it showed no problems. The service engine light came on ever in the 43000 miles driven. This was the 26th of March. Today is the 4th of April. We returned to the dealership and got our car back the 27th. Only to have it completely seize up on the highway and had to personally pay for a tow truck to deliver it back to the dealership. They finally after 3 more days torn down the engine and send the video to Kia headquarters. We couldn’t get any answers from the service department and have received two calls from the Kia headquarters. We asked for a loaner car but nothing was offered. Our insurance doesn’t cover rental so we personally rented a vehicle for $200 for a week. Not pleased with my dealer or with Kia. Today we have been been reading comments from other buyers who have had the same results. Warranty? They are not honoring the warranty. I want to be part of this class action. What information do you need from us?
I would love to be part of this class action lawsuit. My 2012 Kia Sorento has complete engine failure and is within the recall, but Kia refused to replace engine because they said engine had slug in it due to lack of servicing. It had been serviced on a regular basics. It has 140, 0000 on it and yes all engine’s have slug in them with age. I still have the vehicle just waiting for some attorney to take this case against them for lack backing up there product defeats. I am so sure I am not the only one that had been denied repairs. Feel free to contact me about my case
I have a 2012 Kia sorento that the engine seized the same way all these other engines have failed. Yet my vin wasnt listed in this recall. I find it sickening that kia has taken advantage of it’s customers like this. I am a single mom still making payments on this car. I was forced to either pay over 5grand for kia defect or to get a new car. I paid the 5grand. Kia neglected to tell me that after the 5 grand I paid that there was only a 90 day warranty. I am beyond disgusted that my junker cars have lasted long than this kia car. I am seriously considering contacting the lawyers to this lawsuit or lemon law. I have receipts of oil changes but Kia would not accept it. Instead I’m at fault for sludge in my engine but isn’t it a coincidence that this is the same blame they told tomany of their customers. They should pay for their own faults. I have advised many people to not buy from Kia. They do not care about their customers.
On March 23, 2018, My 2012 Hyundai Santa Fe AWD 2.4L V4, made a loud winding noise then there was an explosion. There is a big hole in the bottom of the motor. Collected the metal from the explosion and put it in the car to show the service advisor. Had it towed to the dealership and now have been told that the engine is blown. The service advisor said in all of his years he had never seen this before. This is my 2nd Hyundai that I bought from that dealer. I have maintained maintenance, oil changes, transmission flush, air filters, and some kind of carb cleaning. I am literally 5000 miles over the warranty and I still have two years to pay on this vehicle. The service advisor said they are not sure why this happened. Basically total mechanical failure! I’m so upset. I don’t know what I’m going to do. And so far it looks like the dealer isn’t going to try and make any of this right. If anybody has any advice for me please feel free to let me know.
My Kia Soul 2014 just blew up and caught fire. The engine was a 4 cylinder GDI. The car went up in flames. The engine blew loud and as I came to a halt the entire car was on fire. Then the gas tank exploded. I bought this car on the fact that they gave 100k warranty and everyone I spoke to said it was a great car. But I am now without a car which is my livelihood and now I can’t finance a car till everything is settled. I bought the car new and did not expect this to happen. Spoke to kia and waiting on an investigation team. Let’s see what happens.