Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
281 thoughts onHyundai, Kia Class Action Lawsuit Claims Engines are Defective
I have a 2015 Kia Sorento nothing was wrong with it until they took it into service once they took it into service and said it was done wife went and picked it up next day went into limp mode and shut off sent back to the dealership they replace the wiring harness and some sensors. Went to pick it up motor sounded like it was tapping took it back a few times because of the problem they said nothing was wrong with it fast forward to December 24th 2019 motor locked up while I was driving it had it towed to the dealership dealership said it needs another motor they’re going to replace it free of cost honestly I do not want it fixed come to find out they are very unsafe vehicles anybody know of a good attorney that can handle this kind of case they can call me at 614-364-6488 Khaled
I have a 2012 Kia Sportage and had the engine replaced 9 months ago. This engine has now blown and I found out from my Mechanic that Kia knows the 2912 is a bad motor but won’t help in any way. That my vin number is not covered under “their” warranty. I still owe nearly 8000 on this car and can not afford a THIRD engine that will break down in another year. Please help me.
I purchased the car I had formerly leased . It was a 2014 Hyundai Santa Fe . Two months after purchase, the car started to smoke and then stopped with engine seizure. I had car towed and had engine replaced for$6100 because Hyundai wanted $8000 to do the same job. Several months later..I received an engine recall notice. I tried to get reimbursed for my cost, but was told no, because I had it fixed by a non Hyundai dealer. I have tried to get retribution because all other engine failure costs were taken care of before fires.by Hyundai America. I would love to be part of this class action suit. I have so much paper work confirming how Hyundai has treated me.
2013 Kia Soul purchased, driving when total loss of steering occurred. Dealership will not replace the part – power steering motor column assembly. No warning, just a clunk and all of a sudden loss of steering. I managed to drift into a side lane and have the vehicle towed. I continue to fight with Kia.
Kia Sportage 2013, bought less than a year ago. Eight months later the engine seized! I have contacted kia and this particular engine doesn’t fall within the lines for recall. Therefore we are left with a 10k piece of lawn art! NO RECOURSE! And we still have to make payments on it! Huge hardship for the family!
Our 2017 Kia Sportage burst into flames On 9-16-19 as my wife stopped to fill up with gas. She never pumped any gas as it was on fire when she stepped out.
I just purchased a 2017 Kia Sportage without doing my due diligence. 8 days I’ve had it. When I cranked it the whole car was violently shaking (the motor) and making loud horrible noises— I was sure it was going to blow up. Immediately I turned it off. Checked the oil and sure enough it was barely reading on the L…. Though 8 days ago was full. I’m horrified after doing research and waiting to see if the dealership I bought it from is going to let me swap it out.
I have a 2012 Sorento that I have had no problems with until recently. After reading all the complaints, I’ve been lucky until this point. Oil is disappearing by the quarts long before next scheduled oil change. How do I get in on the class action suit?
2016 Kia Soul would stall whenever going up a hill or a sharp grade, it would make popping noises, took to dealership 2 times and both times was told they couldn’t find anything, Kia refused to help me with the problem
I have a 2016 kia soul too. And I bought it used (Enterprise March 2017)but paid for extended warranty it has 60,425 miles and on Oct26,2019 heard some knocking g and all of a sudden boom. A rod goes through engine and there is still oil in car.Kia makes me jump through hoops and send all maintenance records and 8 days later says warranty company will fix. It’s now Dec2. 2019 and kia has my car still. Yeah they let me use a liner but I had to pay for rental 8 days, plus time off work.
Did you ever get this resolved. I having the same problem and need some advice.
Driving down the street car just shut down called AAA took it to a shop engine lock up 2013 Kia looks good my car it no good what the hell I was told to junk it
Same thing happened to us
Yyyep 2012 Sedona….. they say it’s not Included but you can’t have this many people complaining and telling me all KIA motors aren’t junk. My Sedona has been sitting in my carport for a year now. Took loan (used my only retirement from divorce) to get Honda Odessey. I’m in debt terrible and single mom of 4. My then 18 y/o was driving it along with his 14 y/o brother from youth group. Very scary. It’s not fair. Tired of being kicked when down. KIA offered me a whopping $300 to take it off my hands. Only had 111,000 miles on it