WHAT WAS THE ISSUE?
Our firm's investigation indicated that the defect affected a myriad of Hyundai and Kia vehicles equipped with certain gasoline direct injection (GDI) engines and multipoint fuel injection (MPI) engines.
According to the complaint, these engines were manufactured defectively resulting in premature wear of the connecting rod bearings. A worn connecting rod bearing may result in an abnormal knocking noise from the engine and/or illumination of the oil pressure warning light. Continually driving a vehicle with a worn connecting rod bearing can damage the engine and eventually cause catastrophic engine failure. It can also result in a damaged connecting rod puncturing the engine block, causing engine oil to leak and ignite a fire.
AFFECTED VEHICLES
The following vehicles equipped with certain engines were identified as at risk for spontaneously catching on fire in non-collision events and/or suffering premature engine failure:
According to the complaint, millions of Hyundai and Kia vehicles were at risk for spontaneous, non-collision engine fires or premature engine failure, allegedly putting drivers under serious threat of physical injury and damage to their vehicles while driving.
As of October 2018, more than 220 consumer complaints of non-collision fires in these vehicles were submitted to NHTSA and the Center for Auto Safety combined. Between June 12 and October 12, 2018, the Center for Auto Safety learned of 103 additional fire reports — an 85% percent increase — and continued to receive new reports of engine failures and fires across various models.
According to the lawsuit, along with creating a severe driving hazard and increasing the chance of injury or death, the end result of the engine defect was serious, extensive, and expensive damage to the engine and/or total loss of the vehicle.
- 2012 Hyundai Santa Fe (2.4L Theta II MPI engines)
- 2011-2013 Hyundai Sonata Hybrid (2.4L Theta II MPI HEV engines)
- 2016 Hyundai Sonata Hybrid (2.0L Nu GDI HEV engines)
- 2015-2016 Hyundai Veloster (1.6L Gamma GDI engines)
- 2014-2019 Hyundai Tucson (1.6L Gamma and 2.0L Nu GDI engines)
- 2011-2013 Kia Optima Hybrid (2.4L Theta II MPI engines)
- 2012 Kia Sportage (2.4L Theta II MPI engines)
- 2012-2013 Kia Sorento (2.4L Theta II MPI engines)
- 2012-2013 Kia Forte and Forte Koup (2.4L Theta II MPI engines)
- 2014-2015 Kia Forte and Forte Koup (2.0L Nu GDI engines)
- 2014-2015 Kia Soul (2.0L Nu GDI engines)
- 2012-2019 Kia Soul (1.6L Gamma and 2.0L Nu GDI engines)
- 2012-2019 Kia Rio (1.6L Gamma GDI engines)
- Additional Hyundai and Kia vehicles equipped with Theta II GDI engines have been affected and are the subject of a pending settlement. Find out more »
CASE TIMELINE
On April 9, 2024, Hon. Josephine L. Staton granted final approval of the Engine II settlement. The Settlement Agreement in this action is substantially similar to that reached in Engine I and provides nine categories of relief:
- A 15-year or 150,000 mile extended warranty covering “all costs associated with inspections and repairs . . . caused by connecting rod bearing failure”;
- Recalls and/or product improvements, including the Knock Sensor Detetion Software (“KSDS”), for all class vehicles;
- Reimbursement for qualifying repairs at authorized dealerships and third-party repair shops, and additional goodwill payments for class members denied in-warranty repair at authorized dealerships;
- Transportation and towing reimbursements related to qualifying repairs;
- Goodwill payments for inconvenience due to certain repair delays;
- Reimbursement for certain incidental expenses arising out of a qualifying failure or fire, including transportation, lodging, and meals;
- Reimbursement for lost value plus a $150 goodwill payment for class vehicles sold or traded in after experiencing a qualifying failure or qualifying fire before the notice date without receiving the recommended repair;
- For class vehicles destroyed by a qualifying fire, reimbursement of the maximum Black Book value of the class vehicle at the time of loss minus any value received for the vehicle plus a $150 goodwill payment;
- A rebate program for class members who (1) experience a qualifying failure or qualifying fire; (2) who lose faith in their class vehicle because of the settlement; (3) sell or trade in their class vehicle, and (4) purchase a replacement Hyundai or Kia
On Feb. 8, 2023, Judge Josephine L. Staton preliminarily approved a settlement that will benefit more than 2.1 million Hyundai and Kia owners suffering from a serious defect that can cause spontaneous fires and engine failure. Remedies offered under the settlement include a 15-year or 150,000-mile extended warranty which covers all costs associated with inspections and repairs, replacement parts, labor and mechanical or cosmetic damage caused by the defect. Class members may also qualify for goodwill payments of up to $150. Defendants will provide a comparable class of loaner vehicle during any repairs under the Extended Warranty, or, if a loaner is not available, up to $80 per day of reimbursement for reasonable transportation expenses.
The order also certifies a class consisting of “[a]ll owners and lessees of a Class Vehicle who purchased or leased a Class Vehicle in the United States, including those that were purchased while the owner was abroad on active U.S. military duty, but excluding those purchased in U.S. territories and/or abroad.” Additionally, Judge Staton’s order appoints Hagens Berman’s Steve Berman as co-lead counsel for the nationwide class.
In May 2021, Hagens Berman achieved a settlement offering relief valued at up to $1.3 billion for the owners of Hyundai and Kia vehicles equipped with Theta II GDI engines, and this newest settlement brings relief to owners of vehicles with Gamma GDI and Nu GDI engines as well as Theta II MPI engines.
Notice of the settlement will be sent to class members via mail and email within 120 days, and a final fairness hearing is scheduled for Sept. 8, 2023.
Hyundai and Kia have recalled additional vehicles affected by this defect potentially leading to vehicle fires. Hagens Berman is in turn expanding its litigation. New affected vehicles include:
- 2012 Santa Fe (2.4L Theta II MPI engines)
- 2011–2013 Sonata Hybrid (2.4L Theta II MPI HEV engines)
- 2016 Sonata Hybrid (2.0L Nu GDI HEV engines)
- 2015–2016 Veloster (1.6L Gamma GDI engines)
- 2012–2019 Kia Soul (1.6L Gamma and 2.0L Nu GDI engines)
- 2012–2013 Kia Forte and Forte Koup (2.4L Theta II MPI engines)
- 2014–2015 Kia Forte and Forte Koup (2.0L Nu GDI engines)
- 2011–2013 Kia Optima Hybrid (2.4L Theta II MPI engines)
- 2012–2019 Kia Rio (1.6L Gamma GDI engines)
- 2012–2013 Kia Sorento (2.4L Theta II MPI engines)
- 2012 Kia Sportage (2.4L Theta II MPI engines)
