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. Silma Guzman says:

    I have a Kia Optima 2016 EX that started consuming all the oil in less than 1k miles , I had been fighting the dealership so they can apply the warranty to get it fixed and they keep giving me the run around asking me to do “preventative “ maintenance that is not cover by the warranty first ,in order to get covered by the warranty later; it’s been 8 months and I am still running around , filling up oil every single month and kia denies warranty coverage , I. 9k miles left of warranty coverage time and kia dealership still taking “ steps” on finding if my car has a problem or not. I am just going to get rid of it after they return the vehicle to me , I am tired of dealing with this abusers , never again will buy another Kia

  2. Nick says:

    I have an 2018 Kia Optima that I can’t keep oil in. Nothing leaking but burns oil. I hope I can get something done to help.

    1. Don Sproat says:

      I have 2017 kia optima ex buring eng oil went in get my car look at the kia dealership in East mesa az they did the test every 1000. Mrs the add a 1.5 qt and go my 2nd time add a other qt and my oil light is on they told me that’s noma and dove home go for my 3rd test they sayed I’m good refused my service that was done was not leaking oil does buring it . That was in mey 2022 and now November 11th 2022 its leaking oil all over my eng the dealership stayed can’t give me a rental car but it’s on warranty they have to play for it and they told I have to play for the tow truck frome bagdad az to mesa az they refused due they job the kia corporate office told me it’s covered by my warranty they need two fixed my car grive me a rental car please

    2. Amber Miller says:

      Have same problem with my 2018 Optima. Something needs done!

  3. Harold Billingsley says:

    I bought a 2013 Kia Sorento from a dealer in the state of Ohio about 2 to 3 month’s ago they told me there were nothing wrong with it so I financed it the oil light came one one day as I was driving pulled over and checked the oil and it was low so I put oil in it top it off and about 2 to 3 weeks later the oil light came on again stopped check the oil its low again so do I have a claim

    1. Betty McRay says:

      I have a 2015 Kia Sorento and I have to keep putting oil in car and I see no leakage. It completely empties. Drives rough and hesitates like not getting power. Supposed to be some recalls per the recall list on beak system that is dangerous but they will not put them on. Charged me 300.00 just to check my car. The asb..recall not put on. I fear the car will quit or burn up.

      1. Randall Lancaster says:

        I bought new 2015 kia sorento and oil is gone evry few weeks. I see no leaks

  4. Tessa Acord says:

    We have a 2017 Kia Optima LX that has been consuming oil to quickly. You can hear the metal shavings rattle while driving. I’m currently trying to get it resolved with the dealership, but they are making me jump through hoops to get it resolved. I’m 3000 miles away for the end of my warranty. Please add me to the lawsuit.

  5. Ojeda says:

    I have a Kia Rio 2013 and I’m running out of synthetic oil every 4000 miles which is very bad. I’m scared I’ll lose the engine soon.

  6. Tammy Stamper says:

    I have a 2016 Kia Sportage. Oil light flickered two times last week on Wednesday and Thursday. It was time for an oil change and planned to do that on Saturday. Friday evening engine began knocking. Oil light had not flickered nor was it staying on Friday. No other lights on. Checked oil and it was completely dry. Put in oil and drove it Saturday to get the oil changed/filter replaced. After the oil change engine seized and would not start. Called Kia. Said there was a recall for a knocking sensor that had not been completed and that they would not replace it. Looking at over $6000 to replace it. Still owe on it. Sounds like this is an issue for other Kia owners as well.

  7. Shane Taylor says:

    We have a 2017 Kia Optima LX that has been consuming a half quart a week. It also sounds like a chainsaw or roller coaster when I accelerate. This has been happening since we hit 60,000 miles. Please add us to the lawsuit.

  8. Jennifer says:

    My 2016 Kia Rio is in the dealership service center as we speak with this issue.

  9. SUSAN KIMBLE says:

    My 2013 Kia Sorento burns oil like crazy in between oil changes. Why is this? Afraid to go on a long trip. Does anyone else have this problem and why isn’t anything being done? Are we supposed to do a single private lawsuit?

    1. Victor J Ferrer says:

      My wife bought a 2020 Kia Soul gt line with the 2. Liter engine,By the second oil change under 10k miles the oil light flickered at idle and the engine was making a ticking sound,I checked the oil level n was low by almost a whole quart,we mentioned it to the dealer at the following oil change n they texted the car for the next three months to verify if it was doing the obvious,burning oil n they concluded it was but they fixed it by doing some tinkering with the pcv system,we took their word for it but two weeks ago before a 800 mile round trip to Az I noticed it was low again by 1/2a quart ,the car is barely 20k miles I can’t imagine how much oil is gonna burn when it get to 60k.

    2. Ojeda says:

      I feel you I have the same problem

      1. Jaclyn M. says:

        I am going to chime in here. I have a used 2014 Kia Sorento SXL GDI V6 Engine financed this in May of 2016, and since August of 2018 I have had so much oil disappear and no one knows where it goes. Literally on all my paperwork it says ” customers states oil disappears on her ” and no one can find it. Today I checked my oil after adding 1/2 of a large 5q bottle 3 weeks ago at most, I had no oil. I mean bone dry on paper. As if the oil area was clean and never been used. I only checked it today because yesterday it sounded like death simply driving down the street and startled me. The amount of money I have put into my car with mechanics using my car as a guinea pig for finding out where the oil is going; is embarrassing. I have white smoke coming out of the tail pipe as others do when its cold. Never a burning smell, never dark smoke. I regret getting this vehicle with every fiber of my being.

  10. Robert Short says:

    My grandson and I, (as co-owner) own a 2018 Kia Optima EX 2.4 liter engine. This engine uses 10 or more quarts of oil between 5000 mile oil changes. The engine runs perfect with no unusual noises. It has had the recall where the knock sensor and software flash was performed so if it senses rod knock, the engine should be replaced. But this does nothing to address the excessive oil consumption of this engine. There is a technical service bulletin that addresses the issue, but as second owner and out of warranty this won’t help. I guess I have to wait until the connecting rod starts knocking before I can get anything done.

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