Hyundai, Kia Class Action Lawsuit Claims Engines are Defective

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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.