Anne Bucher  |  August 11, 2017

Category: Consumer News

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KIA logoKia Motors America Inc. has been hit with a class action lawsuit alleging the engines in some of its vehicles have a defect that restricts oil flow to vital parts of the engine, causing vehicles to stall while in operation and experience catastrophic engine failure.

Plaintiffs Christopher Stanczak and Rose Creps filed the Kia class action lawsuit Tuesday in California federal court.

They claim certain 2.0-liter and 2.4-liter Kia Optima, Sportage and Sorento vehicles contain a defect that results in the restriction of oil flow through the connecting rod bearings and other vital engine parts, posing a safety risk to the vehicle occupants if the vehicle experiences catastrophic engine failure and stalls while in operation.

According to the Kia class action lawsuit, Kia has been aware of the restricted oil flow defect but has refused to disclose the defect or repair the issues associated with it.

“Despite notice and knowledge of the defect from the numerous complaints it has received, information from dealers, National Highway Traffic Safety Administration (‘NHTSA’) complaints, including durability testing, KMA has not recalled the Class Vehicles to repair the engine defect, offered its customers suitable repairs or replacements free of charge, or offered to reimburse its customers who have incurred out-of-pocket expenses to repair the defect,” the Kia class action lawsuit states.

Stanczak leased a new 2015 Kia Optima LX in October 2014, according to the Kia class action lawsuit. In August 2016, he claims he heard unusual engine noise while driving the vehicle on the highway. When he brought his vehicle to a Kia dealership to find the cause of the noise, a service technician allegedly discovered metal shavings in the engine and notified Stanczak that the engine would need to be replaced.

The dealership reportedly refused Stanczak’s request to have the engine replacement costs covered by the warranty, and Stanczak decided to get a second opinion. The next day, the vehicle engine catastrophically failed while he was merging onto a highway, the Kia class action lawsuit alleges.

Creps purchased a new Kia Optima EX in April 2015 and also experienced engine problems that Kia refused to cover under warranty, the Kia class action lawsuit alleges. She says she ended up paying more than $5,000 to replace her vehicle’s engine in August 2016.

Stanczak and Creps claim that they have suffered a loss of value for their Kia vehicles because of the Kia engine defect. According to the Kia class action lawsuit, they would not have purchased or leased the Kia vehicles, or they would have paid substantially less for them, if they had known about the Kia engine defect.

The Kia class action lawsuit was filed on behalf of Stanczak, Creps and a proposed Class of current and former owners of the affected Kia vehicles. The plaintiffs also seek to certify Classes of Kia vehicles owners in Maine and California.

The plaintiffs are represented by Richard D. McCune, David C. Wright, Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCune Wright Arevalo LLP.

The Kia Restricted Oil Flow Class Action Lawsuit is Christopher Stanczak and Rose Creps v. Kia Motors America Inc., et al., Case No. 8:17-cv-01365, in the U.S. District Court for the Central District of California.

 

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133 thoughts onKia Class Action Alleges Defect Can Cause Catastrophic Engine Failure

  1. Tita says:

    I purchased a 2015 Kia Sorento less than 2 years ago. I maintainence regular oil changes on the vehicles, but only typically keep the last record on hand. I received my last oil change 3 weeks ago. Last week, the engine made this loud knocking anf rattling noise after being started, so we immediately turned it off and called to have it towed to the repair shop. The tow company stated that it sounded like engine failure and he had just towed 3 2015 kia sorentos within the last 2 weeks for the same problem. The repair shop stated that the oil was dark and contaminated with metal and the engine would need to be replaced. Now I have spent the last week fighting with the warranty company and kia trying to get the issue fixed. They stated that I need all of the maintainence records since I purchased the vehicle and since it was used when I bought it there is a good chance the previous owner didn’t maintain the vehicle properly. Pretty much disregarding the fact that they have received numerous complaints for the same issue. There should be no reason I should have to pay out pocket for this repair, especially know the history with these engines. How does a vehicle go into engine failure at 64,000 miles?

  2. Ted Viar says:

    How do i join this lawsuit? 2013 Kia Sportage engine seized up yesterday with 123K miles.

  3. Kelly Clark says:

    My kia Sorrento i got in 2014 oct was brand new off the lot 2015. Currsntly in the ahop needing a new engine for 7500$ i was driving and my gas just wouldnt pick up my car started slowing down thank god i made it off the highway. Needless to say im livid kia is such a scammer company, we work hard for our money i know i do and for them to steal it from me like that because theyre selling unsafe garbage for profit should be illegal.

  4. Ramona Wright says:

    8/31/18 My oil light started flickering, acceleration slowed down, almost chugging on Interstate 65 North. A 35 minute drive took me a hour and a half because there is no other way to get home but the interstate. 9/1/18 I started the car, drove it a couple miles, going to the dealer, it started knocking, almost stalling, oil light flickering and then died in the middle of the road. had it towed to Kia of Rivergate. 9/5/18 They ask for all my oil change receipts, which I don’t have because I get them where ever I have a coupon for.(I am currently trying to back track and get the records) Mac, at the dealership) tells me there is “Sludge” and this only happens when the maintenance was not done. There was NEVER any problems with the car, when oil changes were done everything checked out every time, no indications about oil, no check engine light, nothing and then this happens without warning. HELP!!

  5. SARA CRANDELL says:

    I AM HAVING THE SAME PROBLEMS WITH MY 2015 KIA SORENTO…I LIVE IN WASHINGTON STATE AND THE CLASS ACTION LAW SUIT IS IN CALIFORNIA DO I NEED TO FIND ONE HERE IN WASHINGTON OR DO I JOIN YOU WITH MY ENGINE FAILURE AS WELL

    1. Rose Creps says:

      Contact these attorneys listed and they will have you on file as one of the affected parties.

  6. Jerri Owen says:

    8/10/18 with no warning my 2012 KIA Sportage threw a rod after the bearing failed. Like others my VIN is not included in the recall. KIA will not cover and wants $9,000+ to install a rebuilt motor.

    Do I have to keep the KIA to join the lawsuit?

  7. RebeccA Pendergraft says:

    Definitely following this lawsuit. Our 2013 Sportage engine died mid route to vacation this week – no warnings, no prior problems. Now it’s sitting at a Kia dealership and we’re being told it isn’t included in the recall and our only option is to pay $7 to $11k for a rebuilt engine (lol!) now that’s funny (but not really)

  8. Melissa says:

    I have s 2012 Kia Soul with a 1.6L engine that exploded while I was driving on the highway going 60 miles per hour. I couldn’t see due to the smoke, my car completely stopped working and I could have died. The highway was under construction, down to two lanes with no emergency lanes to pull over to and a semi was behind me. I have Catastrophic Engine Failure and this is an inherent design flaw with Kia engines. There needs to be a recall for my engine as well to help save people’s lives and I’m sure I’m not the only person this has happened to. We need a class action lawsuit started, Please help

  9. Donna Rosecrans says:

    Purchased used 2015 Kia Optima with extended warranty. Owned about one year and the engine failed. Had it towed to Kia dealer for recall. Dealer denied claimed based on VIN # not on recall. Warranty denied based on can not produce maintenance paper work for oil changes. Now I am spending over $3000 to replace engine. Do I qualify for class a room law suit to get my money back? Donna

    1. Top Class Actions says:

      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!

  10. Andrea Ferguson says:

    I have a 2014 Kia Sportage. I heard a knocking noise which I wasn’t sure of where it was coming from or what was making it. I had an oil change a month prior. The other night the engine completely seized up, and was told today by our mechanic that there was absolutely no oil in the engine. No warning lights came on before the engine seized; oil light, temp gauge, engine light… nothing. Getting the car towed to a Kia dealership tomorrow for the second opinion, but I’m glad I came across this article before going through their doors. Hopefully we can work something out.

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