Kia Class Action Alleges Optima, Sportage Engine Defect

Numerous plaintiffs have filed a class action lawsuit against Kia, alleging that several of the company’s vehicles are equipped with defective engines prone to failure.

In their KIA class action lawsuit, plaintiffs allege that Kia Motors America Inc. and its parent company, Hyundai Motor Company, knowingly equipped several years of vehicles with defective engines. The vehicles affected by the alleged defect include 2011-14 Kia Optima vehicles, 2011-13 Kia Sportage vehicles, 2013-14 Hyundai Santa Fe vehicles, or 2013-14 Hyundai Sonata vehicles.

The affected vehicles are allegedly equipped with Hyundai 2.0 liter or 2.4 liter engines. These engines allegedly contain metal debris left over from the manufacturing process. Plaintiffs claim that the metal debris left over from manufacturing mix with engine oil and create oil sludge, which then clogs and interrupts vital processes of the engine’s power train. The metal debris can allegedly cause further damage by wearing down parts of the engine.

The damage caused by the metal debris can allegedly cause the engine to seize, stop running, and, in some cases, catch fire.

“The engines fail, the vehicles often catch fire, costing the Plaintiffs tens of thousands of dollars in repairs, car payments for a near worthless non-operable vehicle and often total loss of the vehicle,” the Kia class action lawsuit claims “This problem makes the vehicle a hazard to owners and other individuals who may be in harm’s way.”

Plaintiffs in the Kia class action have allegedly experienced this engine defect with no relief offered by Kia or Hyundai. Some plaintiffs experienced the engine defect while driving, causing them to lose control of the vehicle and risk serious injury to themselves and other drivers. Several other plaintiffs experienced financial damages including repossession, cost of repairs, credit damage, and more. In all cases, the vehicle companies refused to pay for repairs and claimed that the issue was not eligible for coverage under warranty.

According to the complaint, Kia and Hyundai knew about the issue with their engines, but actively concealed the problem and misled the public about the risks associated with their vehicles. Countless consumers have allegedly complained to the companies about the issues with little result.

Eventually, the 2013-14 Hyundai Santa Fe vehicles and 2013-14 Hyundai Sonata vehicles were recalled by the companies. However, the plaintiffs note that it still took a full year after the National Highway Traffic Safety Administration (NHTSA) began their investigation for the companies to expand their recall to include the other affected vehicles.

The Kia class action lawsuit brings a variety of claims including breach of warranties, violation of Magnuson-Moss Warranty Act, negligence, breach of contract, common law fraud, and violation of state consumer laws.

Plaintiffs seek to represent consumers who purchased or leased a 2011-14 Kia Optima, 2011-13 Kia Sportage, 2013-14 Hyundai Santa Fe, or 2013-14 Hyundai Sonata. The plaintiffs also seek to represent several state subclasses.

The Kia class action lawsuit seeks actual damages, compensatory damages, general damages, special damages, incidental damages, statutory damages, punitive damages, consequential damages, court costs, and attorneys’ fees.

Plaintiffs are represented by Shmuel Klein of Law Office of Shmuel Klein PA.

The Kia Class Action Lawsuit is Chieco, et al. v. Kia Motors America Inc., et al., Case No. 3:18-cv-16215-MAS-DEA, in the U.S. District Court for the District of New Jersey.

UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.