Ashley Milano  |  June 6, 2016

Category: Consumer News

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kia class action lawsuitKia Motors of America is facing a proposed consumer class action lawsuit over allegations that certain Sportage, Optima, and Sorento vehicle models are prone to catastrophic engine failure due to an engine oil defect.

The class action lawsuit arises from Kia Motor America’s alleged failure to disclose that the engines in affected vehicles contain a latent defect that results in the restriction of oil flow through the connecting rod bearing, as well as to other vital areas of the engine.

Plaintiff Greg Wallis of California purchased a pre-owned 2013 Kia Optima LX in November 2013. In March 2016, while driving on the highway, Wallis claims he heard an unusual engine noise upon acceleration and brought his car into a Kia service department.

A Kia service technician reportedly evaluated Wallis’ vehicle and advised him that he needed to replace the motor due to metal shavings found inside the vehicles engine for a cost of $7,000. After charging $200 just to diagnose the issue, Wallis declined additional work on his vehicle and left the dealership.

However, after leaving the dealership to drive a short 15 miles home, Wallis’ Kia Optima seized while driving and he was forced to have the car towed to his home, where is vehicle remains inoperable due to the failed engine, the lawsuit states.

Wallis claims that he contacted Kia’s customer service center numerous times, but Kia was unwilling to assist him with the costs of repairing the failed engine in his vehicle.

Co-plaintiff Jodie Peltier of Illinois alleges similar circumstances with her 2013 Kia Sorento, which caused her vehicle to dangerously stall during high speed.

It is believed the connecting rod bearings in certain engines fail as metal debris circulate throughout the engine via the engine oil. Over time, the contaminants in the oiling system cause the connecting rod bearings to fracture and spew large amounts of metal debris into the engine oil, which it cannot filter out to maintain necessary oil pressure.

“This contaminated engine oil is recirculated throughout the engine by the oil pump, causing damage to the various engine components and eventually results in sudden and unexpected catastrophic engine failure. If the vehicle is being operated on the highway at the time of the engine failure, it will ultimately result in a high speed stalling event, as it did for Plaintiff Peltier,” the class action lawsuit reports.

Both plaintiffs assert that Kia had a longstanding knowledge that this sufficient engine oil defect existed and could cause catastrophic engine failure and stalling while in operation, posing a significant safety risk to the vehicle occupants.

According to the Kia engine oil defect lawsuit, many owners and lessees of the affected vehicles communicated with Kia to remedy the concealed engine oil defect and damage caused to their cars, but claim that Kia refused to take any action to correct, even within the warranty period.

“Not only did Kia actively conceal the material fact that this particular component is defectively designed (and requires costly repairs to fix), but it also did not reveal that the existence of this defect would diminish the intrinsic resale value of the vehicle,” the lawsuit states.

Even numerous complaints filed with the National Highway Traffic Safety Administration (NHTSA), have not prompted Kia to repair the engine oil defect or or to reimburse customers who incurred out-of-pocket expenses to repair the defect.

The lawsuit cites at least 19 customer complaints filed with the NHTSA. One of these NHTSA complaints posted by a 2011 Kia Optima owner states that “while driving approximately 60 mph an abnormal sound emitted from under the hood of the vehicle as the check engine oil warning light flickered. The vehicle was taken to an independent mechanic where it was diagnosed that the connecting rod failed and the engine needed to be replaced…”

This is not the first time Kia has been under fire for vehicle issues. In 2013, the automaker was accused of manufacturing vehicles with defective fuel tanks. The class action lawsuit included owners of the 2010-2013 models of the Kia Soul, Soul Plus, Soul Exclaim, and Soul Sport cars.

More recently in 2015, the Department of Justice launched an investigation into Kia (along with Hyundai) for purportedly misstating the fuel economy ratings on certain 2011 -2013 vehicles. Kia and Hyundai agreed to settle allegations for a reported $100 million – the largest civil penalty under the Clean Air Act.

The plaintiffs bring this class action lawsuit on behalf of themselves and a proposed Class of current and former owners and lessees with Theta 2.0-liter and 2.4-liter gasoline direct injection engines (GDI engines) installed in certain 2011- 2014 Kia Optima, Sportage, and Sorento vehicles.

They are seeking class certification as well as redress Kia’s violations of California and Illinois consumer fraud statutes, along with recovery for breach of express and implied warranties, breach of the duty of good faith and fair dealing, and common law fraud in excess of $5 million.

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

The Kia Engine Oil Defect Class Action Lawsuit is Greg Wallis and Jodie Peltier v. Kia Motors America Inc., Case No. 8:16-cv-01033, in the U.S. District Court for the Central District of California.

UPDATE: On November 7, 2016, the Kia Engine Oil Defect class action lawsuit was voluntarily dismissed.

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648 thoughts onKia Class Action Lawsuit Targets Engine Oil Defect

  1. christopher cooper says:

    2013 kia optima 45,000 miles. Engine seized on highway. Covered under warranty. Had to provide oil change proof. They replaced part of the engine.

    1. kyle fuentes says:

      hi,
      having same problem but did not go to Kia for oil changes i went to a garage in my town who will provide receipts and proof but Kia isn’t calling me back its been two weeks now and I’ve been without a car all this time they Kia dealer is saying my engine seized and had sludge in it it seized as I was driving on highway its a 2014 Optima this is ridiculous any advise???

    2. Beth McMullen says:

      How far apart were your oil changes? I just had the same thing happen yesterday and they had me send in my oil change records, then they will get back to me on the replacement. They didn’t replace the whole engine?

    3. Kate Oconnor says:

      This just happened to me. I can’t get all of my oil changes just some. I will end up paying more for a engine than what i owe

  2. Ben parker says:

    *2nd motor

  3. Ben parker says:

    I am currently making payments on a motor that had to be replaced in my 2011 kia optima. Sad thing is, it was my 22nd motor.

  4. Ashton Newsome says:

    We were almost rear ended going 75 mph on I-75 here in Fla a few months ago because of this same issue. 2012 Optima SX with 63,000 miles. Paid out of pocket close to $6k for a motor replacement and now we have a vehicle we haven’t been able to sell because of this defect and the fact it shows a motor replacement on the CarFax. We have a very strong case with documentation against Kia as well so if there is any chance we could be contacted to testify as well, it would be appreciated.

  5. Phil says:

    My engine in my forte has been replaced twice any one with same issue

    1. Lori Endress says:

      Yes! Bought mine brand new in 2013, less than a year later the motor seized. Fought like hell and the dealership had my car for almost 3 months but they did replace it. Less than a year later (approx 30,000 miles later….same thing) dealership said Kia would not replace it because my warranty was now out. There was zero warranty on motor number 2, they said it fell into the car warranty itself and since that was out, they would not fix it. They went so far as to tell me that when they replaced the first motor, if there had only been 10 miles left on my warranty that was all the longer the second motor would have been good for. Also, NEVER even came close to the mpg they said I would get (36 mpg) never got over 20mpg. Argued with them over that the first year and a half I had it! With all of this…..we just quit paying our 547.00 a month and let them come take it. They sold it at auction for $1500.00 freaking dollars and now GM Financial is sueing us for the remaining $29,000! So frustrated and don’t know where to go for help!

  6. Jonathan Smalley says:

    Same thing here. 2011 optima with 2.0 turbo and motor gone at 89k and dealer wants 7k to replace it. They won’t offer any assistance because I didn’t support a Kia dealer for service and I am the third owner. Jsmallzz28@gmail.com

    1. Rich C. says:

      How is that? They extended the warranty to 130k miles.

  7. Sherry Gilmore says:

    I was sold a defective 2010 Soul Didn’t Know They Had a Class Action lawsuit. Having the same issue and motor is locking and Ceasing at 30mph nearly crashed my car 8 times. How can I join the lawsuit.

  8. DAREK READER says:

    this just happened to me today, 2012 kia optima with 70,500 miles. needs a new engine. driving 40 mph and all the lights on the dash came on and the car stalled. got an oil change and an engine flush the next day, drove away and again when i hit about 40mph the same thing, all my dash lights and and the car died. I was towed back to the shop where they told me I needed a new engine.

    1. Kim Kazee says:

      Where do you stand now? We are at a stalling point, as we do not want to pay 100% of repairs, labor, and a new engine, when they know it is faulty.

      1. Darek Reader says:

        I paid out of pocket as well, $5,100. unfortunately I am the second owner so my warranty expired 10,000 miles ago.

        1. B s.ith says:

          My 2013 optima blew up 3 weeks ago I called Kia corporate they told me there’s a extended warranty for connecting rods 10 yrs 120000 miles

          1. Optima customer says:

            Did they replace engine ?

          2. sam says:

            hi are you the second owner of this car?

    2. Tim McLaughlin says:

      Wow I cant’t believe these threads. This just happened to my 2012 Optima Kia.

      I was driving and it stalled in traffic. Towed it to a garage not a dealer. They replaced 3 sensors for $500.00 and then said we cannot fix it, you need a new engine. I am like freaked out, I bought it used 3 months ago so I know it is not covered under warranty. It has about 70,000 miles. It will start up but then stalls out. It has a lot of sludge build up and metal filings can be seen. I was hoping I could have it cleaned out and get it working but after reading these posts it seems unlikely. Don’t know what to do.

      1. Rich C. says:

        This just happened to me on Wdnesday, driving on why to work and the car started making a rattling noise and then it started banging, knocking. THIS is after a day before my last oil change, when again driving to work, driving 50mph coming into a turn All of the dashboard lights come on and the car stalls at 50 effin miles per hour and a major one lane curve. Made it with muscle and determination not to die that day. Pulled onto the grass and 5 mins later it started up and went to work, white as a ghost. CHANGED oil next day and not one problem until WEDNESDAY.

  9. Steven Cameron says:

    Sent this and all back-up information to NHTSA and Kia in December, and many times since then. No reply from NHTSA. Also went up the line with corporate Kia Motors. Hello
    I am writing you concerning our 2012 Kia Optima that died as we were driving down the road.
    Hyundai recalled 600,000 cars built with this defective engine. Hyundai is the parent company of Kia.
    Enclosed please find supporting documentation concerning my 2012 Kia Optima that was built at the same facility, within the same time frame, with the same engine.
    As you can see this engine was built at the same facility, well within the same time frame, as the Hyundai recall.
    If Kia’s parent company came clean with the problem, I believe Kia should be forced to do the same.
    Everything that happened to our Kia engine is exactly as called out on the Hyundai recall.
    I do not see how anybody could say this is not a manufacturer defect in the Kia Optima and Sorento, and Kia should be forced to recall these cars with the same production build.

    I would appreciate any assistance you could provide.

    Steven C. Cameron
    998 Karshick Street
    Bohemia, New York
    11716-4323

    1. Kim Kazee says:

      What was your outcome? Did you have to pay 100%?

      1. Steven Cameron says:

        Hi Kim, Yes I paid 100%. $6,000. Corporate Kia offered me $1,500 in Good Will money. I have been holding out in the hopes of a recall or something like this.

        1. Jose Sanchez says:

          How did you go about finding out your Kia engine being manufactured at the same facility and time as the Hyundai engines?

          1. Yvette says:

            I am having the same issue with my 2015 Kia Optima, only 47,000 miles. There is a class action lawsuit with the law office McClune Wright out of Redlands, CA

    2. Jp from Oregon says:

      just happened to me today and I am disabled and don’t have the energy to argue this and deal! I have a rental for now and now the dealership has the nerve to tell me it’s my battery and oil and a exhaust pipe crack! well j just had AAA install new battery and also had them jump it 4 days ago where they kept stating it was 100% still good and not a battery issue! had to have dealt with oil running out on a bi weekly basis fighting with oil can Henry blaming them for not filling my oil up or putting the cap on lose, but still had issues going to oil can Henry but they at least do free top off but I had to buy top of the line oil! this time they said it was for sure burning way too fast and also every one said the clanking sound was never my AC! but I just didn’t want to believe the engine would be bad! now I do and every time I would push on gas pedal sound Was worse then right when I need to go get IV infusion and was going. to go and get this checked too late! engine is dead! someone needs to start another class action for more Kia owners! mine started with this clicking clanking noise at Around 94,000 miles as soon as it hit 100,000 it’s been worse and worse and now at 102,000 and last 3 months I been having to buy oil and have my hubby keep
      filling it! and also having to visit oil can over again! and now it’s dead! think everyone who has same issue is seeing engines die at around 100,000 miles. I too Have a 2011 Kia Optima. Now I need to find out who is lying! Kia states that I need a new battery and have no oil! so when AAA installed and checked my battery and swore up and down it was good still and that was 4 days ago then someone is lying! also I just got my oil changed and even paid 200 for transmission oil so when Kia says no oil well
      then who is lying here! i will not pay a dime and I want my money for this car rental! people don’t buy cars and pay off the loans plus interest only to have it die on you! right when I was so happy we finally paid off our 5 year loan this happens! no I am not going to do this and I want someone to tell me who is lying and why! also Kia better pay for how much ever this so called cracked exhaust is gonna cost and I am sorry this didn’t seem like a cracked exhaust would shut my engine down!
      Kia better pray there is not a intentional lie and Fraud! I kept the voice mail and will be towing it straight to a non Kia dealership to confirm all things and also confirm the battery in my car is the one that AAA installed not one that Kia decides to switch when they find out I am going to get a second opinion! if it’s not AAA battery I would say that I would have a strong case of direct fraud and lies! can’t wait to see if either AAA ripped me off or Kia? whomever it is your messing with the wrong disabled person!

      1. Kristy Suttle says:

        Kia is Lying. They know they have blow by issues with pistons being a piece of crap. I had a total engine and transmission failure. First the transmission failed in Maryland. Had to rent a car , go back to Va, and then pick it back up to go to my destination to Detroit. Yeah well, about 100 miles outside of Detroit, the engine failed. Threw a rod. Also, my sorento kept losing oil….a lot of oil with no apparent gasket leaks or blow by through exhaust. Yes I did regular oil changes through warranty and checks. I kept taking it to kia and they kept saying it was normal. I’m sorry but I do not have stupid moron idiot on my forehead.They were forced to replace not only the engine (with a rebuilt one) but also the transmission. I was stuck on the PA turnpike for HOURS. I was stuck in Detroit for almost a month with no nothing for my ordeal……

    3. Bryan Chapman says:

      I bought a 2014 kia optima with regular oil changes every 3500 miles very well documented. The car has 56k on it and while driving down the hwy made a loud clicking sound and white smoke blew out the exaust. I immediately went to my local kia dealership and provided all service records. I was told the engine is slugded up and it’s the mechanics fault that was doing the oil change. Kia will not honor their warranty for the engine. How do they blame someone else for their faulty engine and tell me it will be 6400 dollars to replace the motor. I still owe 14k on the car and I am wanting to fight to get the engone replaced. Is everyone using a single source lawyer office?

      1. Kevin says:

        The exact same thing happened to me and Kia won’t cover it under warranty. Said the engine wasn’t well kept even with provided receipts from shop that changed oil and Jiffy Lube!

        1. Kevin says:

          Oh and I have 22,000 miles on my 2014 Optima!

        2. Chris opera says:

          It’s funny the same thing happened to me! The only think different is k can’t produce maintenance records, they told me to call around town and find recruits! So they lied.they told me if I did my oils changes my seized engine works be covered! We have 3 Kia’s in the family!!!! Never again when I read all this shut! Now my lease is up on July and I hsve to pay 5000 dollars. It’s been in dealership for a month!

        3. Chris opera says:

          They are lying to you! They told me if I had receipts for oil changes anywhere they would cover the engine! Csr had no oil in it snd no warning light when on. Now engine is seized there’s 32,000 miles on it they want 5000 dollars

    4. Rich C. says:

      I’m on Long Island too, this just happened to my 2011 Optima with 124,600 miles, 4,600 over the extended warranty. WAS told by SMITHTOWN Kia, “oh you’re out of warranty.” Yeah, and SOL if this class action doesn’t come through. Between $5k and $7k depending on how it’s repaired.

  10. Kim Kazee says:

    I have a 2012 with SAME ISSUE!!! This si what KIA has offered. They say they are NOT aware of any known issue. Our car sits right now unfixed. “The total quote for the engine to be replaced using the KMA offer to pay 50% of the warranty price of the engine towards your repair will be 4099.05. The portion paid by KMA would be 1574.30 with the original quote of 5673.35 . If you choose not to have the engine replaced your current total is 255.00 that includes your portion of the tear down and the original diagnosis charge when the vehicle was dropped off. If you do replace the engine you will not be responsible for the tear down and diagnosis charge. The engine is a remanufactured engine that has 0 miles on it and will not affect your odometer as it only keeps the mileage of the body not the individual components. The warranty for the remanufactured engine will be 12 months or 12k miles which ever occurs first. KMA would have to give you any additional information related to the repair or its warranty after the repair if you need it. I hope this helps clear everything up. I will be in Dallas for the rest of the week, if you need to contact me this email is the best contact.”

    1. Tonya says:

      #boycottKiaMotors

      Share your story on FB, Twitter and whatever other social media platforms to which you subscribe. Tag Kia Motors or go leave comments on their pages. If we unite our voices, we can force a recall. The main idea is to let your voice be heard.

      1. Lori Trine says:

        I put a post on their fb and they told me to send a message. We’ll see what they say, not settling for nothing!

      2. Shawna Johnson says:

        I just had this happen to my 2015 kia fortee. I’m going to fight them to the end this is crazy. No new car should have these issues.

        1. Alucard says:

          I second that on the Forte. Unfortunately, I also had to replace my engine at 65,000, with some still rather heavy out of pocket costs. Knew others who had theirs replaced before 50,000. I’m also a former Kia dealer technician and I believe it to be an inherent flaw with the GDI design. I work for a Hyundai (sister company) dealer now and it’s not uncommon to see metal shavings coming out of their engines whether we’re talking the 2.0 Nu GDI or the 2.0/2.4 Theta engines. Hoping to get my money back someday.

          1. cody says:

            YIKES !!!! i am guessing that i am not the only one here, i have a 2011 kia forte ex that this just happened to. The car only has 122,142.000 miles on it !!!!!

    2. Kim Castro says:

      I just had this happen to on my 2013 Kia Optima was just driving and just shut off then pulled over and tried to start it back up and it started smoking I only have 73,000 on my car they are saying it’s my fault and it’s there car that’s the problem and they really need to fix this since everyone is having this problem

    3. Jeneva McGruder says:

      I brought a 2015 kia optima December of last year. when I first got it I thought for sure I made the best decision by buying this car. Thinking I would not have any problems. well recently my car has started acting funny. White smoke is coming out of the tail pipe. My engine is making crazy noises. My car doesn’t really want to drive and barely goes over a certain speed limit. I went to get it looked at by the dealer. They are telling me I have sluge in my engine due to lack of oil changes which is not true. They priced me at new engine at 6000 dollars. where would i pull that from? That was the purpose of buying a brand new car to avoid these problems. I am mother of 4 a nursing student and I also work I am very upset with this not to mention I keep having to buy oil to put in my “brand new” car every week. Because I don’t know where the oil is going. I’ve had 4 oil changes within the last 2 weeks.

      1. john margarit says:

        same problem ! what ended up happening

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