Kia / Hyundai Named in Engine Problem Lawsuit

A recently filed class action lawsuit is calling out Kia and Hyundai as vehicles with defective engines.  The lawsuit claims that the engine, better known in the industry as the  “Theta II” engine, has serious oil flow problems – and in some cases, reportedly failing while driving and leaving drivers stranded.  

The following vehicles included in the action are those with 2 liter and 4 liter motors in the following model designations :  

Hyundai Sonata (model years 2011 – 2016)

Hyundai Santa Fe (2013 – 2016)

Kia Optima (2011 – 2016)

Kia Sportage (2012 – 2016)

Kia Sorrento (2014 – 2016)

The lawsuit claims that both Kia and Hyundai have known about the Theta II engine problems for years, but did not disclose or warn customers in favor of continuing to sell the allegedly defective vehicles.  

The lawsuit claims that the engines can fail because they aren’t lubricated properly due to insufficient oil flow.  One plaintiff claims that in some cases, such as her experience with a Kia Optima, the engine can catch fire. The lawsuit further alleges that customer complaints to Hyundai and Kia are met with blame from the manufacturer to customers for failing to properly maintain the vehicles. Also, dealers have been known to refuse repairs under warranty or charge customers for what should be warranty repair work.  

The Hyundai and Kia Theta II engine lawsuit was filed in the U.S. District Court for the Southern District of New York – Maryanne Brogan, et al., v. Hyundai Motor America et al.  The plaintiff is represented by Hecht Kleeger & Damashek, PC, and Levin Sedran & Berman.

Please remember :  if you have a vehicle AND it is under the manufacturer’s warranty, you are entitled to fair treatment and getting the problem fixed in a timely manner.  In many cases, the manufacturer will repurchase your vehicle, and may even have to pay civil penalties and or reimbursement of your expenses. It helps to understand your rights as a consumer, and the California Lemon Law expert is here to help you or someone you may know who is in this situation.  If your vehicle is not functioning properly and is under warranty, you have rights under the law that you need to thoroughly understand.

Our business is growing and our mission is simple : to educate you, fellow consumers, about the “Lemon Law”, and how it protects those who have found themselves stuck with that new car, truck, RV, motorcycle, etc, that just isn’t performing up to expectations.  Stay in the know, visit this site often and let us know if we can be of assistance. The initial consultation is free, and if you’re having a problem, it is well worth a few minutes of your time to understand your rights and how you can get the help you need.  


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5 replies
  1. Lawana Williams
    Lawana Williams says:

    My engine went out in my 2014 Kia Optima on sat 10/27/18 the engine just cut out and then all the different warning lights start to blink giving me a unwanted light show. Towed to dealer a few days later, now they giving me the run-around told me they could put a new engine in for $13,866.91 or replace two pieces in it for $6,681.35 plus tax.called Kia consumer was told it’s a 10 year extended warranty on engine but dealer keeps saying it’s expired. Called them yesterday 11/12/18 but service manager wouldn’t come to the phone….need help ????..and I am in California.

  2. Myranda Jackee Cook
    Myranda Jackee Cook says:

    I have had this same issue with my 2013 Kia Optima Im located in Jacksonville, FL however. I feel as though Ive searched to no avail for representation in this matter Im at my wits end and dont know what to do at this point

  3. Bernadette Leahey
    Bernadette Leahey says:

    I have a Kia sport 2012 this happen to me while I was driving and a Hyundai Tucson 2016 it happened when our daughter was driving
    her situation was very dangerous .
    and we are just lucky there wasn’t
    a tragedy . The way the dealership handled this was extremely unprofessional !!!
    Thank you I also left you a voice mail !!
    Our next step is contacting

  4. Kevin Leahey
    Kevin Leahey says:

    We had 2 cars with this situation a 2012 Kia Sportage and a 2016 Hyundai Tucson which I don’t see names on the website .
    Please contact me for more info

  5. Michele Mackey
    Michele Mackey says:

    I bought a 2013 KIA Sportage in 2015, paid cash for this vehicle because everyone raved how these vehicles are so good and dependable, had the vehicle for 3 yrs., and my engine blew. I was at a stop light and went to take off and my car sounded horrible, I pulled in to a gas station and called my brother and asked him what it was he replied shut it off your motor sounds blown. So I had to pay out of pocket to have it towed to the closet Kia dealership where they diagnosed my car as having a blown engine due to the bearings, and that my estimate was $5,768.90 to be fixed. That’s when they told me about the recall for several different types of Kia’s however unfortunately my engine isn’t covered under the recall. Which after reading several other peoples complaints it doesn’t appear theirs is covered either. Which is confusing to ME!! Right now there are approximately 1.4 million Kia customers that are experiencing this same dilemma. And to find out Kia isn’t going to help me replace my motor! I have taken care of my vehicle and have had it serviced FAITHFULLY EVERY 3,000 MILES. I have went through every step there is through Kia to see about them adding my engine to the recall or some kind of “good will” assistance to cover this expense and they told me that my car has to many miles, or I’m the second owner, to you name it I’ve heard every excuse, My miles on this car is 139,864. And the recall claims unlimited miles. So explain that to me. I have had the run around from so many Kia employees at the customer assistance center it’s unreal. This is ridiculous there are thousands and thousands of recalls for this issue, and Kia knew these motors were bad and still sold the vehicles. For someone who is single like myself and rely on driving something dependable and can’t afford something else or the outstanding amount for the repairs, Kia leaves me with nothing. Now do I not only have nothing to drive, have to gets rides to work, or borrow a vehicle , while still paying monthly insurance on my vehicle because I don’t want to be in trouble for having a vehicle in my name and not having insurance on it , but paying for something I can’t drive! Not to mention try to figure out how to come up with over 5, 000 dollars to fix this issue, Thank you Kia!!! I will never purchase another Kia again. Something needs to be done about this issue not just for myself but all the other people who are going through the same thing I am. This is such a financial burden on me all the way around!!! And yet Kia does nothing. It shouldn’t matter how many miles I have on my car, or if there’s a warranty, they knew the engines were bad and still sold them anyway, I didn’t pay for a car or an engine that was only going to work for 3 years!!!! I tried to get a loan to replace the engine and nope who’s going to give me a loan for an engine. Back to square one.
    UPDATE: as of the beginning of March 2019 Kia offered to pay half of my motor, they only paid 1,600 which sticks me with the remainder of the bill that I would like them to pay for. Not to mention because my engine blew my car sat for approx. 6 mo. Waiting to get a motor, I ended up having to replace my brakes all the way around my car from sitting outside all winter long and my brakes were rusted and when I drove it they would stick. I’m still paying on a loan for 4,168.00 and not to mention the mental anguish for the whole situation because of having to take time off from work, and not having anything to drive, and having to borrow a vehicle to drive to get to work, due to the fault of Kia and their faulty engines. I would like to sue them for the remainder of the repairs, as well as pain and suffering due to their negligence.


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