Christina Spicer  |  November 18, 2019

Category: Legal News

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kia sportageCertain Hyundai and Kia vehicles equipped with Theta II 2.4 Liter 4-cylinder gas engines have defects that may cause catastrophic engine failures and car fires, according to a recent Canadian class action lawsuit.

Quebec resident and lead plaintiff Ludovic Pelletant says he purchased a 2012 Kia Sportage in 2012 that was equipped with a Theta II engine.

According to the plaintiff, the Kia Sportage recently completely shutdown while Pelletant was driving on a highway.

Pelletant says that when he took the vehicle in for repairs, and despite having a relatively low number of miles and getting regular oil changes, he was told the Sportage would need a whole new engine.

According to the Kia Canada class action, the vehicles impacted by this engine defect include 2011 through 2016 Hyundai Sonata vehicles, 2013 through 2016 Hyundai Santa Fe vehicles, 2011 through 2016 Kia Optima vehicles, 2012 through 2016 Kia Sportage vehicles, and the 2014 through 2016 Kia Sorrento vehicles.

The Theta II engine installed in the affected vehicles, according to the Kia, Hyundai Canada class action lawsuit, put new stresses on the lubrication systems. Specifically, says the complaint, “[t]he Theta II engines included a piston cooling jet attached to the main oil gallery on the Cylinder block that cools the piston by spraying a mist of engine oil onto each overhead piston. This feature also results in increased oil temperatures and contributes to more engine oil being atomized into the crankcase gases.”

The car makers did not account for the stresses of the new system, including clogging in the lubrication systems, claims the plaintiff, instead they touted the increased efficiency and lower emissions of the Theta II.

However, on Sept. 20, 2015, Kia and Hyundai issued a recall for 470,000 late model Sonata vehicles equipped with the Theta II. The recall was issued, according to the car makers, because of problems with engine noise and the check engine light turning on.

Further, notes the Hyundai Canada class action lawsuit, another recall affecting 1.4 million vehicles with the Theta II engine was issued by the car makers in April 2017. This recall was issued over failing and stalling caused by the engines.

On March 6, 2019, according to the plaintiff, the Canadian Broadcasting Company issued a report over concerns that the same Theta II engines subject to the recalls were continuing to suffer from stalling and other problems, including potential fires.

This is not the first class action lawsuit filed over the Theta II engines. A Hyundai, Kia class action lawsuit was filed in the United States earlier this year alleging that defects cause catastrophic failures in the engine.

The Kia, Hyundai Canada class action lawsuit claims that the Theta II engine is prone to clogging in the lubrication systems, causing “oil starvation.” “This results in insufficient lubrication throughout the Class Vehicle’s engine, which cause premature wear of the engine components and catastrophic engine failure,” states the complaint.

Kia and Hyundai allegedly knew of the Theta II engine defects, but failed to warn consumers. In fact, alleges the Kia, Hyundai Canada class action lawsuit, the car makers “intentionally” concealed the problem.

The Kia Canada class action lawsuit seeks to represent a Class of consumers from the province of Quebec who bought or leased one the of affected vehicles.

Has your Kia or Hyundai stalled or experienced engine failure? Tell us more in the comments!

The plaintiff is represented by Merchant Group LLP.

The Kia, Hyundai Canada Class Action Lawsuit is Pelletant v. Hyundai Auto Canada Corp., et al., Case No. 500-06-001013-198, in the Superior Court of Canada, Province of Quebec, District of Montreal.

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74 thoughts onKia, Hyundai Canada Class Action Alleges Engine Failure

  1. Tammy Russell says:

    I bought 2013 Kia Sportage in 2014 with 65,000 km on it… the car just died. The motor blew up at 152,000.

  2. Glenda Welygan says:

    I have a 2014 Kia Rondo. It had some engine knocking sounds before the recall but once they put the knock sensor in the same thing happened. Constantly going into limp mode. Dealership said it’s a one off problem, nothing to do with recall. My car is in excellent condition, 109,000 km. I also just finished paying it off. They told me it’s an old car! It has been an ornament in my driveway ever since. I had to purchase another vehicle, which I really couldn’t afford to. Since seeing the class action settlement we decided to take the car, in limp mode, flashing engine light, throwing code P1326, P0326, back to the dealership. Fingers crossed that they will put a new engine in so that I can recoup my losses…….stay tuned….

  3. Brian MacKinnon says:

    We have a 2014 Kia Sorento EX with a 3.3 GDI v6. Bought it new in 2014 and every service done at local Kia dealership here in Nanaimo, Vancouver Island, BC. It has 115,000 Kim’s. Was a great vehicle until it just stopped while travelling at 30 kms/hr. Wouldn’t restart. Had it towed to the local dealership where it was diagnosed as complete engine failure. They said they were “so sorry” that this “rare event” happened to us. Called Kia Canada and talked to the dealership manager and both replied there was nothing they can do for us except install a rebuilt engine for just under 17,000.00 dollars, or the dealership could arrange an appointment with a sales rep. to purchase another vehicle (Kia) but they would not be able to take our 2014 (that is in EXCELLENT condition except for the toasted motor) as a trade in. Had the Sorento towed back to our house where it sits as a nice decoration in our driveway. Checked about recalls but our vin# doesn’t come up on the recall list. Very frustrating to say the least. SUV ran great then just died without warning. Still trying to figure out what to do.

    1. Rebecca says:

      I have a 2022 Hyundai Elantra nline. I’ve been having a lot of stalling and no power issues and have came close 2 times in last 3 weeks to having a bad accident. My car is not in the class action suit. Do u know if there is another one starting?

  4. Trina says:

    I bought a brand new 2020 Kia Soul. Within the first year I have had the engine replaced due to piston ring treatment failure have just taken my vehicle back to Kia to be told that the catalytic converter is full of oil and that again my oil is reading below the fill line between oil changes of 6,000 km radius. This was my dream car. It is the only car I have wanted for many many years. I fell in love with it. Unfortunately I am now traumatized. I cannot drive my vehicle as it was doing violent shaking. It stalled while making a left hand turn and I was almost broadsided. I have contacted Kia Canada to receive nothing but poor service. I told them that I was going to contact the media at which point I was told if I was going to do that to go ahead and I was hung up on. I cannot even sell the Kia now I’m stuck with a vehicle that I’m terrified to drive and they want me to do another 1600 km oil test which means they empty the oil out which I just had changed. They put new oil in and then they charge me for it again so that they can watch and see. And if the oil is going away then there’s another service that they charge you for and then another oil test again at my expense. I’m at my wit’s end. I can’t even go to the Kia dealership in my town without literally having a breakdown. HELP!! I DON’T KNOW WHAT TO DO. Does anybody know if there is a class action lawsuit? I’ve tried to sell my car back to Kia. They don’t even want it. They just want me to trade in to buy more of their shit product. I would never ever recommend anybody to purchase a Kia of any sort

    1. DEBRA BROWN says:

      I have been experiencing oil disappearing from my vehicle for the last 2 years, engine stalling out, catalytic converter needing to be replaced last visit, poor or no acceleration when merging or speeding up….the oil consumption issue occurs before next oil change is due….about to take vehicle in for engine light flashing and oil has disappeared again(4th time) in last year and half…have tried numerous times to speak or leave msg with dealership general manager to no avail…car is just 7 years old and I will be making my last payment Sept 2023…I cannot drive this vehicle nor will I be able to sell it because it needs a new motor…my thoughts go out to Trina…so disappointed with Kia and will take any chance I can to relate to others of these issues and Kia’s treatment

  5. Kenneth Pye says:

    2014 Kia optima here with the theta 2 engine. Wednesday august 31 engine stopped while driving to work, was able to restart and finished the short trip to work but later it completely stopped and was clanking and screaching terribly and wouldn’t run for more than 5 seconds. Had to have it towed back to work were it now sits until I can figure out what to do with it.

  6. Tim Hamelin says:

    I live in Montreal, Quebec, and my Kia Sorento 2014, SX model, 3.3L V6 (ODO: 148,262km) engine completely failed on August 17, 2022 while I was on vacation in Gaspé (about 950km away from home).

    My engine started making a terrible knocking noise, and then started to squeal like a pulley bearing was damaged.

    I managed to drive the vehicle (just barely, as the engine was almost stalling) but got the SUV to the local KIA dealership in Gaspé, and the engine completely seized while we pulled into their parking lot.

    I had to find a rental car to complete our vacation stay and to get us home a few days later. The cost of the rental car was $1400 CDN (due to the insane $950 drop-off fee, plus the daily rental fee, etc.).

    I then needed to have my SUV transported by long distance towing, which cost me $2600 (CDN) .

    Now my Kia Sorento is at my home dealership, and the cost to replace the engine will be close to $10,000.

    KIA Canada does not have any extended or secret warranty on their 3.3L V6 engine, so they will not pay any of the repairs or engine replacement, or those extra fees of extreme inconvenience of the “loss of use” of my vehicle.

    I made several phone calls to Kia Canada Customer Support, but did not get any help whatsoever.

    1. Tim Hamelin says:

      I can see by some of the comments here that the KIA V6 engines (3.3L) are also having serious issues of catastrophic failure, but KIA does not have any acknowledgement of this engine problem. My engine and vehicle was well maintained, and had all its regular oil changes and maintenance, therefore an engine of this type should not fail, but should be functional for a long time.

  7. James Evans says:

    Just recently my 2016 Kia Sorento 3.3 litre v6 awd, lost engine power while I was driving home. I was fortunate enough that I was able to cost to a side road, and get out of the main traffice. I had it diagnosed by a roadside/remote mechanic, and it seems the engine has seized. I checked the engine oil a few weeks ago, while i filled up with gas. and there was oil on the dip stick. After I had pulled over, i got out and check oild batter connection etc, and saw that there was oil on the dip stick. I tried to started the engine, and it sounded like it was trying to start, and then just stopped, and the started just clicks now. The mechanic tried to turn the engine with a breaker bar at the crank and it won’t budge. When the mechanic was doing his diagnosis it didn’t show any oil on the dip stick at all.

    So, now I have to sit and wait for Kia to figure out if they are going to replace the engine or not. Probably not. Probably blame it on me somehow. I can’t afford 10,000 dollars to replace it myself.

    1. Lerecia says:

      I bought a 2016 Kia Optima in Dec of 2016. In 2021 in OCT, the oil light would flash on and off. This never happened before. I called the Kia Service (Mechanic) and was told by Scott there that sometimes this occurs and it’s normal. I told him I have never experienced this before but took his advice. Later that week or a week later, early Nov, while driving 2 hours away for my aunt’s funeral, while on the highway the engine light went on and along with the oil light now staying on instead of flashing, then the car started to shutter. This was a Saturday so the Service department was closed so I brought it in when they opened on Monday. I was told it was the knocker system and they fixed it as I was still under warranty. Fast forward to the month of Jan 2022, the car was shuttering. I took it to Mr. Lube, they said I was out of oil but I had an oil change not to long ago. They changed the oil and spark plugs, and noted no leaks. In July 2022, I noted the oil light coming on again, I called Service and this time requested for the vehicle to be seen. They said since I was coming due for a oil change and my oil was very low, that they would change it and that I should monitor it. If the oil runs low before the next oil change then I should bring it in for a diagnostic. On Aug 6th the oil light started to flash again. I checked my oil and it was extremely low. I topped it up at Mr. Lube since it was a weekend and my local Kia wasn’t opened. Then on Aug 27th, 2022, I noted the oil light flashing again. I checked the oil and it was low, extremely low. I called Kia and spoke to the Service Manager, Scott who told me there was nothing they can do. I had to protest and remind him what he had previously told me and that I did my research and there could be potential 3 things that require repair. At this point he agreed to do a diagnostic check and told me it wouldn’t likely be covered under warranty, despite the fact that they have several lawsuits in place for the same exact thing occurring – excessive oil consumption by the engine. On top of it, when I brought the vehicle to them in Nov 2021, when my warranty was still in effect, and they fixed the knocker system, my car was likely experiencing the same issue of burning too much engine oil then and they did nothing about it. Kia shame on you for selling vehicles with faulty engines and not covering the cost entirely, you should. Justice needs to be received.

  8. Vital Blanchard says:

    My 2012 Kia Sportage started to knock on highway and stopped to the first garage to check what was going on. The mechanic told me that they have a recall and that his brother had a Sportage and brought it to dealer (was doing same noise as mine) and they changed the complete engine except head. I taught that i would call the same dealer to check with them. (it’s where i bought my kia but didn’t do the services there because was too far and went to closer dealer instead) they told me to make it towed there and the company will pay back the towing. in my mind i was expecting to have the same service as the other customer but they told me that i had an extended warranty (that i didn’t new) and after 100K i stopped keeping my receipts of oil change because there was no more warranty. Now they’re saying that i have to give them all the receipts for 200K (witch i dont have) and they also told me that it only covers motors less then 200 000kms. I have 207 000K… Can anybody tell me if i can do something with that or it’s just a waist of time …

  9. Laura DeVivo says:

    My 2017 Hyundai Tucson stopped on the highway with no warning. I had to have it towed to the dealership where they told me the engines were made with a material that was breaking off into the engine when it was being driven. It took about 8 weeks to repair- the person assigned to my case would tell me the vehicle will be ready on a specific date and he would call me when to pick it up and then I wouldn’t hear from him. When i called it was more and more pieces were affected and they had to keep ordering more parts. When they finished 3 months later – I took it for an oil change and they didn’t use the right oil pan when replacing everything and it was leaking oil.
    I had to bring it in for the ASL recall and now for the two new recalls for knocking noise and the over all inspection. I told them about my break lights and head lights that went out and had to be replace because of a burnt out harness and 8 months later same thing is happening and for only 159.00 they will diagnose the problem for me.
    And did I mention – my driver side door is also not opening when I unlock it – and they have that problem with other Tuscans but not un
    der my VIN number so they can add that to the diagnosis.

  10. Terry Liske says:

    n February 2021 we saw a CBC Marketplace segment on problems with KIA Rondo’s stalling and catching fire. When we returned home from B.C. in April 2021 we inquired with our Saskatoon dealership about our KIA. They assured us there were no problems and they weren’t aware of such issues from the segment. In October 2021, we received a letter from KIA about our 2 KIA Rondos on a recall for a software upgrade. We booked both our cars and had the first one go in with 230,000 km’s and then had the 2nd one go in with 107,000 Km’s. When we picked up the first one, we only got about 100 km’s before the MIL came on and had to take it back in. We picked up our 2nd one, and same thing less than 100 km’s the MIL came on and had to have towed in. The dealer refused to fix the 230,000 one as they said it was past the warranty of 200,000, even though I had no problems prior of the MIL. The car was slowing down (sluggish) prior which I advised the service agent of. The 2nd one of 107,000 was fixed but not after having a fight with the dealer on both cars and wanting to charge us for oil changes which we told we needed to have. The dealership said the 230,000 km car needed a new engine long block ($15,000) and a catalytic converter for $3000. Now my car is sitting in my garage, unusable.

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