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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
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My Kia sorrento engine went out on the highway four months ago they told me they put in a new engine and now it has done the same thing four month later a week ago do I have a suite?
Who should I contact if the dealer refuses to replace the engine ? My 2015 Kia Sorrento suffered engine failure at 70,000 mi on the freeway nearly costing me my life .
Im having issues with my 2015 kia soul . Any advice ? On how to Join?
I just had my KIa Sportage engine die. How to I join this class action suit.
I sold the vehicle and lost $ 5000.00 to $ 6000.00 dollars of equity.
Steve Cogoni
stevencogoni@yahoo.com
This article doesn’t state that less than a year later the new engine she put in also siezed up due to sludge. Oh and that also while the new engine was adjusting she was getting about 5 miles per gallon of gas.
How about them litterly say its caused by machine defect and needs to be checked again in 7000 miles but that its cfine now, drive a mile off lot and never aagain get the car going again and loosing 16000!! Yeah I would love to get in on this.
2012 Kia Sorento involved in two accidents never did the airbags once deploy either time, during 2nd accident which never should of occurred due to ongoing steering problems never corrected after first accident but anyhow vehicle completely shutdown as I’m spinning to where I lose all steering/abs/ and all dashboard lights come on and leave me in complete high risk as passenger wheel is completely locked up on me as is. Luckily once vehicle stops, I’m directed from 911 to exit the vehicle all of us safely if able to die to risk of fire because we are on along a highway until help comes. I saw on NHSTA exactly 2 weeks later after my wreck there’s a warning about these vehicles doing this so I know I’m not alone just as my insurance company saw a few things too. Well this vehicle has had steering issues even after being fixed and been in and out and electrical probs to a total of 4 visits!!!! Oh and the costs on me are lovely but I’m fortunate I took out the extended warranty or I’d be in much worse shape!!!
I just experienced the same issue with my 2017 KIA Sorrento SXL. With no warning the engine seized. Had the vehicle towed to the dealership who tore down the engine compartment (cost of $262) to look at it and found that their was oil sludge and deemed that it was due to my neglect. I changed the oil religiously, especially when the car is equipped with a change oil sensor.
The dealership and KIA stand by the claim and is looking for me to pay for a new engine. I have two recent receipts for purchasing oil. There is an open case with KIA’s consumer affairs, but this is not right. Never ever had a vehicle do this. It is an obvious defect.
I have a 2011 Kia Sportage that has had the knock sensors replaced TWICE and NOW it’s showing that it needs to be done again… REALLY???
If that isn’t a serious engine problem I don’t know what is…
I JUST had it in not even a month ago to replace what they told me would be a ‘turbo’ problem, when I them I didn’t have the money for that and I’d have to come back, and I expressed my displeasure for having my car in there for the THIRD time since February when I bought it, for the same thing. They said they would work out something for me, over an over later they come back with a price and payment plan through KIA that I was led to believe would fix the Turbo… I was already late to work, so I signed the paperwork and took the offered loaner car and was on my way…
A few days later my car was ready and I find out it wasn’t my turbo after all, but my ‘solenoid valve’… That’s how the price was able to come down, after the complete diagnostic testing.
According to this lawsuit, if we’ve paid for repairs, we should be refunded, that’s all I’m looking for is a refund.
I love my KIA, but I don’t think I’d ever buy from THIS KIA dealership again.