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On Tuesday, 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.
Plaintiff Andrea Smolek and defendants Hyundai Motor America and Kia Motors America Inc. jointly asked the court to transfer the engine defect class action lawsuit to the U.S. District Court for the Central District of California so that it could be coordinated with three related cases.
“As the parties have stipulated to transfer to the Central District of California, and in light of the related proceedings already pending there, it appears a transfer would serve both the convenience of the parties and the interests of justice,” U.S. District Judge Marvin E. Aspen wrote in his order.
The Illinois class action lawsuit was filed by Smolek in April, just a few months after an $8.59 million class action settlement with Hyundai in California. Smolek seeks to represent a Class of Illinois residents who owned or leased Kia and/or Hyundai vehicles with Theta II engines that were not subject to recalls by the motor companies.
Smolek says she bought a new 2015 Kia Sorento LX in the Chicago area in 2014. Less than two years after the purchase, she says she heard loud noises coming from the engine which were “punctuated by a loud bang, the violent shaking of her vehicle, and the illumination of the check engine light on the instrument panel.”
When she took her vehicle to a Kia dealership, a technician checked the engine and told her the vehicle’s oil had turned to sludge, the Kia class action lawsuit says. The technician blamed the issue on Smolek never changing the vehicle’s oil even though she produced documentation to show the oil had been changed in accordance with Kia’s guidelines.
According to the Kia engine defect class action lawsuit, Kia denied Smolek’s warranty claim. Kia reportedly agreed to inspect the engine but would charge her $1,000 if the technicians could not find a defect. She was also reportedly told that the vehicle’s engine needed to be replaced before she left the dealership or her warranty would be voided.
Smolek says she felt that she had no other option and purchased a new engine from the Kia dealership for $6,000. To pay this cost, she says she took out two high-interest loans.
The Kia class action lawsuit claims that the engine defect arises from a design flaw in the Theta II engine, which allows contaminants to enter the engine’s fuel injection system. The contaminants cause the oil to thicken and the engine to fail.
Hyundai reportedly recalled vehicles with the Theta II engine in September 2015 and March 2017, claiming the issue was related to metal debris that was left in the engine during the manufacturing process, not an engine defect. Kia recalled vehicles with the Theta II engine in March.
Hyundai and Kia reportedly recalled about 1.66 million vehicles in North America. The National Highway Traffic Safety Administration subsequently initiated an investigation into the Hyundai and Kia recall.
Smolek is represented by Stacy Bardo of Bardo Law PC.
The Hyundai, Kia Engine Defect Class Action Lawsuit is Andrea Smolek v. Hyundai Motor America (Corporation), et al., Case No. 1:18-cv-02716, in the U.S. District Court for the Northern District of Illinois.
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48 thoughts onHyundai, Kia Engine Defect Class Action Transferred to Calif. Court
Please add me 2015 Kia optima
I want to get on board with this class action law suit against KIA i am in indiana and cant seem to find info. I have a 2011 KIA FORTE and after it started taping at 96k and is getting worse
My sister was almost killed in 5 traffic on a busy highway when the Kia 2011 stopped. The engine must stopped. I am the original owner and never moved. I have received other notices but not this one. After they replaced my engine I feel insecure about driving such a vehicle. Then the next week I actually received the notification a year late. They were covering their butts but it was a little too late.
In July 2013 I bought my first brand new car and I chose that new car to be a KIA. I did my research on the brands because I was a Chevy and Jeep person. Never had another brand.
However I went out of my comfort zone looked into a Honda accord and a KIA optium. The KIA was my choice.
Now fast forward to March 2017. KIA corporation notes a problem with the engine. There was machining error during engine manufacturing that may cause premature bearing wear within the engine. A recall was issued, I took my car onto the KIA dealership where my car was purchased and my car “passed” inspection.
Fast forward to June 2018 my car began to burn oil and it was found the may engine was indeed part of the engine recall and I “was lucky my engine did not seize while driving “.
I was provided with a 2017 Cadenza while I waited 8 weeks for my car to be repaired. During that time I looked into the recall and found the KIA knew that the 2.0 and 2.4L engines were defective.
Hyundai your parent company issued a recall in 2015 for these engines effecting the 2011-2012 Sonata 470,00 cars. However KIA waited 20 months to issue a recall. In 2015 KIA felt that a recall was of “extreamly low issue”. In 2017 618,000 cars were recalled by KIA I do NOT find this of an extreamly low issue.
Here is my issue and concern. I feel that KIA was negligent in waiting 20 months for a recall that they KNEW about. Engines were seizing at any given time with no warning, or catching fire. KIA took a big chance in not issuing a recall till 2017.
A federal investigation was launched when a whistleblower from Korea flew to Washington to inform federal regulators that KIA/HYUNDAI did not recall as many vehicles as it should have citing internal documents. It then took a full year to launch a large recall.
October 11, 2018 the government advised KIA to initiate a larger recall of 2.9 million vehicles. I do NOT feel this was an extreamly low issue.
USA today reported on June 27th 2018 the NHTSA sent a letter to senator Bill Nelson of Florida there were 402 reports of engines seizing or catching fire with and without collisions.
The federal government issued a statement:
” Just because a company has a recall underway does not mean a company is doing all it can to remedy the issue”
The NHTSA is looking to see if KIA moved too slow in issuing the large recall, KIA can be fined and additional recalls to come.
As a consumer I feel KIA was negligent and took a chance with every customer who bought a 2011-2015 KIA optium. Knowing there was an issue with this engine but idly standing by watching,waiting and doing nothing.
My family and I were put in danger by KIA.
I have read only hundreds out of the thousands of reports of cars either seizing or catching fire. Here are a few examples that were reported to the NHTSA:
5-18-18 Napa IDAHO
at 80mph engined seized, engine part of recall
Could have been seriously injured.
8-7-18 Hochton GEORGIA
car failed to accelerate at 50mph
Engine passed initial evaluation but it was found to be defective and replaced.
10-15-17
Stoped at stop sign car engine on fire, electrical system failed was unable to unlock doors car was engulfed in flames by the time I got out.
7-15-17
Engine seized at 45-50mph no control over car.
6-23-17 Attalla Alabama
DO NOT FEEL SAFE now in driving car even with new engine. Reliable mechanic told me that new motor is no better.
5-14-17 Los Angelos California
Engine replaced 2x now on third engine car seized no warning engine exploded in car.
This one hits close to home because it happened in Ohio where I live:
Engine caught fire, killing the person in Toledo ohio
Investigators stated:
” The volume of fires here make it appear that hyundai-kia are content to sit back and allow consumers and insurers to bear the blunt of poorly designed manufactured and repaired vehicles Jason Levine the center of NHTSA director says the fire reports come in from across the country”
These are just a few of the reports I read. What is so disturbing is there was no warning of the engine seizing or catching fire.
The what if’s that could have happened have eaten away at me now for 6 weeks. What if that was me and my 8yr old daughter who could not get the doors open with the car on fire? What if I was driving on the freeway at 80mph with her and the engine seized with me having no control over the car?
I have thanked God and my guardian angel everyday that this did not happen to us.
Now my daughter is so frightened to even ride in the optium she flat out refuses to get in. She has asked “mommy what if the car catches fire? What is it stops running and we get hurt?”
This kills me knowing I cant tell her she is safe and its O.K because you know what….its not the truth.
I know my car has a new engine but I do not trust this engine at all!! I can not put me or my family back in danger.
I have been driving the Cadenza for 9 weeks and I feel safe in this car. The safety rating is 10/10 it won 2018 best large car for families and an above average predicted reliability rating from JD power.
I want to know and feel safe in my car and I feel KIA owes me that.
I called KIA headquarters on September 21 expressing my concerns. I advised them I want KIA to buy my optium back, and sell me the Cadenza for the remainder of my loan.
I do not want a new car, or new car payment I didn’t ask for this to happen and should not have to buy another car.
KIA owes me for their lack of care or interest in me or my family or for even that matter any other motorist on the road.
However i was told by Bruce at the expedited level today that he cant help me and i need to take my request up with the dealership.
Even though 3 weeks ago I was told by Brandon the sales manager at the dealership that its KIA who has to make the arrangements. I have been given the run around now for 3 weeks. Making daily calls to KIA headquarters and not getting anywhere.
So I’ve taken my request to you by email in hope YOU will listen and understand….please
It’s now October 19th and my car is ready to be picked up, but I DO NOT WANT THE CAR BACK for fear of something happening. The Anxiety of knowing my car is ready for me to drive scares the hell out of me.
I want to be safe, I want my daughter to be safe actually KIA owes me that security of that feeling again.
KIA lost my trust and needs to earn it back.
Thank you,
Kim Risner
Case#12878255
My vehicle had the engine go out for this exact reason. For a year I fought through the Attorney Generals office that sent me over to the Bureau of Automotive Repair. They went to the dealer and spoke to the service manager who said if I could produce the one and only oil change receipt that was missing they would pay for the engine. I could not locate it, so they said, no can do. They also said that because the hybrid short block Sonata was not included in the lawsuit and the short blocks have not had problems they wouldn’t cover it. Which I find weird since the engine (short block) has been on a national back order for months. I’d like to know what recourse do I have?
My Kia is in shop AS WE SPEAK.. engine needing replacing.. so the replacement will no doubt have the same defects as the original… and i have a to left to pay on it… its a pending money pit. How do I get in on the lawsuit?
My car is currently in the shop as well. Who do we need to contact to get added the the lawsuit?????
Same exact thing with my 2016 Kia optima the engine locked up. Now they want me to pay for all the costs including rental & engine which is 6000. Plus.suing is the best option noone else cares. Kia and Chrysler are both bad .
I purchased a used 2011 Kia Optima hybrid 2.4 engine at 75k miles driving the freeway here In arizona the car make a loud boom sound and it then went to hybrid motor and then stopped. Had it towed to my on june 29, 2018 dealership since my warranty in landcare through the Larry h miller group. They refuse to sent it to a Kia dealership. Kia is telling me my vin is not part of the recall but my engine failed and now I need a new one that I have to pay in addition to my warranty since now they base it on nada, and they are basing it on the base model when mine is fully loaded. I told them in June when I brought it in it was consuming oil and they told me to drive 1000 miles and they marked the oil and not to check it then my engine blows. Kia should be responsible since they are aware of these faulty engines and I want something done about it
Hello, same problem here. Seems like Hybrid owners got left out, yet the problem is occurring in the hybrids as well. I have initiated a claim with Kia Corporate, but based on what I’m reading, I may be SOL.
Have you done anything, or found any relief?
Is there any known avtion outside the US? In the Dominican Republic, multiple cases havr been reported with no effective response from the local franchisees (both Kia and Hyundai).
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