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. sky says:

    I own a 2015 kia sportage. A week before driving up to Seattle, WA I got an oil change. The day before I left I called KIA to get my recall appointment set up. After waiting for 30 mins and being asked to hold for the maintance department 5 times I decided to call back Monday when I return from trip. So, upon returning to Portland about and hour out on the freeway, I started hearing a faint tapping sound. The sound sounded like when the semi trucks ride their breaks. It would come and go. No lights came on to alert me to any harm. As we continue the sound continues to come and go. We pull over to a rest stop to check what was going on, no sound. I decided to just check the oil, and the oil is BLACK, and is not full but 1/4 mark away from being empty. We close up and continue home. As we get into Oregon, crossing the bridge the sounds starts to be a bit loud and doesn’t do away. At that point I figure I take the next exist, just incase something happens. Mine you I have to young ones in the car with me. As we take the off ramp and slow down to the signal light, the car dies out with no warning. I struggle to turn and we end up cold turkey in a busy intersection. My son and I manage to hold up traffic and we both push the car out of the way. I call a tow truck to get my car towed to our mechanic. 3 days later I find out my no.1 engine bearing rod had busted, metal shavings in the oil drip pan. My car is a 2015 and had only 80,000 miles and the engine is BUSTED, WTH. $6,700.00 to buy an engine and 1 month wait. ABSOLUTLEY RIDICULOUS. Anyone know if its possible to get anything back from this situation.

  2. J Lombard says:

    i had to spend $19000 to replace my engine due to no oil

  3. Harley Morgan says:

    My 2017 Kia Optima is going through 2-4 quarts of oil bi-weekly. I can hear the metal shavings while driving, and it is steadily losing its ability to accelerate. I have been doing all preventative maintenance to it. Last time I took it in to get oil and filter changed, they were only able to retrieve about a finger width worth of oil in it. When they showed me the oil after extracting, it looked like straight sludge/mud. I have had this vehicle for only 10 months, but they refuse to do anything about it until I have a ‘full mechanical breakdown ‘. I have 3 year old twins. If something happens while we are all in the vehicle, there is no way I would be able to un-bunkle myself then both kids to take to safety in time. Whether it catches fire, stalls or seizes while accelerating, nothing. This is a death trap, a news story, and an additional lawsuit waiting to happen. Please add me to this lawsuit and help us! I am a single mother who was kicked out of her home with the kids, by their father, less than 2 years ago and was homeless with them for 6 months. I have worked my tail off to get where we are now, and provide for them alone. Getting this car was a godsend at first. Now it’s costing me so much that I can’t even give them much of a Christmas this year. It’s just not right!

  4. Angela Morkel says:

    I have 2017 kia.optima lx turbo and my car was burning oil fast. Having to put 2 sometimes 3 quarts every 1000miles.
    Im now having to replace engine parts.
    My car with no warning or oil light coming on started making a loud knocking sound had to find closest exit with a gas station before stopping my oil light flashed once.
    Im having to spend $1000s of dollars now.
    Kia dealership offered no assistance. This is obviously a huge problem us as consumers should be allotted something this is a build defect without a doubt.
    Add me to lawsuit!!!

  5. Kim says:

    Same here. 2014 Kia Sorento. 137k miles. 3.3l V6. Towed last week. Dealership quoted 12k + labor for new engine

  6. Lauren says:

    Same problems and mine started making noises and won’t accelerate hardly now so I have it parked I’m over it idk what else to do

    1. Rodney L Goff says:

      I’m have the same issue with my 2016 kis Spotage 2.4 75,000 and it loses oil . The Working class done stand a chance.

  7. Londa metz says:

    I have a 2014 Kia Soul and I just had the same problem with no oil I was only 3000 miles into my maintenance and engine light came on ,checked oil not a drop and not leaking anywhere .took it to get the part put on where they can read the code and took it back to have my garage check up and underneath the car .they found nothing .Kia needs to fess up and fix these issues apparently it may be all Kia’s made within these years .

    1. Rodney L Goff says:

      Same here 2016 Kia Sportage..

  8. Wanda Morton says:

    I am having the same problem

    1. Alicia lopez says:

      I am to with my 2013 kia optima

  9. Samuel R. Derrow says:

    My 2015 Kia Sorento’s 3.3L V6 GDI engine locked up at 107595 miles on6/29/2022.I called Kia’s customer service several times but I never received any help whatsoever ! My local Kia Dealer had no sympathy and said they would replace the engine for $6,600 ! !

    1. Chad Gomes says:

      I’ve got a 2015 kia cadenza, also with the 3.3L GDI and recently as I was changing the oil (full synthetic penzoil as I always have. As I was pulling out the filter, my heart sank as I saw an extreme about of metal shavings. Of course mine has no warrantee with just over 135k,but days later it out began to knock at start up and on acceleration. Haven’t driven it since and yes, currently I haven’t been able to even find a used 3.3L for less than 6k which should be an absolute crime. That’s from a junkyard vehicle. So now I’ve got a car that I owe another 4 years on that is absolutely useless since I can buy a reliable vehicle for that price. And why are they selling for that much when a normal used engine with lower miles only runs for around a grand. And the 6k prices I’ve found doesn’t even include labor (6 k-8 actually)

      1. Chad Gomes says:

        I’d be more than happy to help in any way that I can. As I had mentioned; the car still runs great and it just started to knock and it hasn’t been driven since. So if there’s anyone at any point that needs to tear into my motor to help prove that the 3.3L along with pretty much every motor produced in the time frame of probably 2011/12-2016 is in fact at high risk of catastrophic engine failure at any given time regardless of mileage. I’m not expecting it to be fixed by any means. Only if there’s a way to help because if I fix it or not, my car is absolutely not going anywhere close to the dealership . They’re not touching my car or taking possession of it unless there’s a new motor involved. I’ve been looking around and there’s companies capable of producing a new motor but just want to make sure it isn’t built with parts off the Kia shelf. I don’t understand how Kia is able to lie and deny any fault for what they knew was a major disaster costing consumers thousands upon thousands while they go for broke having no choice but to repair the car. A lot like my situation, I can’t sell it, paid over 10k for the car less than 2 years ago so I’ve got many months of payments to go until I receive the title from the bank. I either fix it or leave it to rot. From what I figure, I’m losing out the same amount of money no matter if I fix it or leave it. The sad thing about it is that I absolutely love the car and ecerything about it. It’s a pretty rare car at less than 50k units from 2014-2021 in the US even though it shares a lot in common with the other models. I was fortunate enough when I bought it that I didn’t need to trade my old car when I got it. So now, at least I’m able to drive a car I can trust that’s been nothing but dependable for the past 7years. So even though it’s another 2 steps back and goes against what I was trying to do. So as I just pay the money for a car I’ll never be able to use, I’ll be rolling in my old 2011 Jetta with almost 300k miles. I totally should’ve bought what I was searching for when I found the Kia. I went 4 states away to replace a Volvo I lost in a wreck only to get there and turn around heading home with no car. So I stayed the night in the area about half way home because there were others I could check out while down there. First place I went to check a Volvo out is where I saw the Cadenza and was talked into taking it for a test drive where within the first half mile I was sold and wasn’t coming home without it

  10. Jenna Harrison says:

    I have a 2017 kia optima. Recently the car has been hesitating and pretty violent vibration mostly while coming out of idle. It will use well over 1 quart during oil changes at 3,000. Most recently driving down highway got off on the exit vehicle would accelerate would move at all. I shut off vehicle turned key over again now I have a light on. I took it to Kia because I have a appt for low pressure fuel pump Kia had sent a letter saying they extended my warranty on that item. I though that could have cause the hesitation and vibration seeing that was symptom they had put in letter. They looked at my car tried to cell me saying that it had a good chance fixing my problem….lol it didn’t. I got to pick it up with a 300 dollar bill for new battery. Finally they said my car is getting wrong signal to transmission and only want to go to odd gears the clutch is bad. They want just install new clutch so they want me to spend 8000 dollar for new transmission. Sorry this is so long please HELP!

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