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. Jimmy jebahi says:

    Kia is playing the court for fools..i wish the merchant lawyer add to the lawsuit thatDPI engine and MPI engines have the same parts and are very similar the only differences are the direct injection versus the regular and that has no baring on the failure…same krank same cam shat parts numbers same all failed part…i am a tech and i know this cheating game by kia 2.4 and 2.0 liters are the same engine…

  2. Kristen says:

    I have a 2012 Sorento. Not a year that is listed as recall but at 165k my engine started burning oil. Every month I have to add oil as it just eats it up. When i contacted Kia Canada there response was it’s only under warranty until 100k, as If I’m stupid and didnt know that. I said my problem is that you can stand by engines on your vehicles that only last 7 year and that you’re ok with that. Said they’d look further into it and heard nothing back. I won’t be buying another Kia when their engines go at 165kms and 7year old car.

  3. Diane Kliewer says:

    2013 hyundai santa fe…two near head on crashes..engine lost power, steering, and a burning smell..all within 0ne week..stuck with it..cant sell or trade in due to history…terrible service from hyundai dearership..This vehicle should never been sold to me as a recall was out..the salesman did not tell me. Metal debris thru out engine(oil filter full of debris..ive kept it). service department aware and sent me out anyways..second crash within 3 days after.

  4. Diane Kliewer says:

    in 2019, had two near head on crash due to engine failure and fire. Have metal debris throughout engine..was sent back out with them saying its fine..within a week…again..this should not of been sold to me…(already was recalled and was not told by sales person.) Horrible service by Kamloops, b.c. staff….this vehicle is parked in driveway,,cant sell or trade in due to history,,i had to buy a vehicle, have a car payment,..im a senior on fixed income.I have joined class action lawsuit.

  5. Nadia Hamad says:

    My kia optima 2011 ex had 90k started making a knocking sound while I was driving on the highway. I made it to a side road where it died shortly after. I had to pay to put in a new engine. I have video of the engine making the sound and the engine light plus others coming on. I would like to join this class action lawsuit

  6. Lisa Brennan says:

    My Kia Optima 2015 just died while driving… figured it would be something simple, like an alternator or starter… was the engine… Kia refused to do anything… it was 7,000km over warranty. Paid $7,000 for a new engine. And it wasn’t even 3 years old at the time. Did regular oil changes … they recalled the year prior but refused to do anything for me. It’s been nothing but problems since I bought. I’d like to join a class action lawsuit against them.

  7. james mike says:

    My daughter owns a 2012 Kia Sorento .. She noticed that after a oil change the dip stick was showing down 1 liter after driving 600 km . She brought it to the attention of our local Kia dealer and they suggested to keep an eye on the useage . We followed their instructions and every 1000 km we returned the vehicle to Kia for a inspection regarding oil consumption .. The codes showed there was a engine flaw . Service Manager indicated the only way we were going to get a new engine is if the engine seized and then Kia will replace the engine .. This happend at 140,000 km The oil consumption issue was reported to the dealer well in advance of 140,000 . Two days after a oil change the engine seized at the side of the road and my daughter contacted the dealer . They came and towed the vehicle and a week later a new engine was installed .

  8. Ryan Spain says:

    2013 KIA SPORTAGE – regular maintenance, vehicle was in AAA+ condition. Suddenly out of no where loss of power & engine starts knocking. Towed to garage & quoted $8000 to replace motor. Called local KIA dealership & informed that my VIN does not qualify under any recalls???

  9. Robin O'Brien says:

    Just purchased a 2015 Kia Optima from a dealer on Friday.
    Drove it home and it just died. Engine light started flashing. Could drive, but it was not fun. Just seemed to keep trying to stall. Took it back to dealer and then sent it to Kia. 5 days later I am informed they replaced the harness wiring and the knock sensor. They say it’s running like a top. Pick it up tomorrow. I sure hope the engine doesn’t blow down the road.

  10. Alex Kliparchuk says:

    My 2013 Kia Sportage EX failed suddenly in rush hour traffic. Towed to nearest Kia dealership and was given the diagnosis of a seized engine with a $7000 cost to replace with a used/refurbished engine. There was no warning prior to failure and all maintenance was completed regularly. I can’t afford to fix it and it’s worth nothing to sell.

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