In re:
No. 18cv02223 (C.D. Cal.) alleges that some owners and lessees have been improperly denied repairs under the vehicle’s warranty for the 2011-2018 and certain 2019 Kia Optima, 2012-2018 and certain 2019 Kia Sorento, and 2011-2018 and certain 2019 Kia Sportage vehicles. The lawsuit also claims that engine seizure or stalling can be dangerous if it occurs. In any of the claims made in these lawsuits, neither KMC nor KMA have been determined to be at fault. Instead, in order to avoid protracted litigation, the Parties have come to a negotiated settlement. “Class Members” are the people who purchased or rented Class Vehicles. If Settlement Class Members make legitimate claims in a timely manner that are accepted in accordance with the review procedure outlined in this notice and approved by the Court, they may be eligible to compensation.
On June 10, 2021, the Court entered judgment; no appeals were submitted. According to the Settlement’s conditions, the initial tranche of payments for accepted Claims will be mailed on August 10, 2021. Payments for qualified claims that can be submitted after August 9, 2021, will be made on a rolling basis. Only until the deadlines specified in the Initial Determination Notice or Final Determination Notice have passed can payments be disbursed.
Contact the Claims Administrator here with any inquiries regarding claims submitted before or on November 30, 2021.
Any claim or potential claim filed after November 30, 2021, will not be in the Claims Administrator’s records, and they will not be able to help in any way.
In This Article...
How can I participate in a Kia class action suit?
You can have a varied deadline to submit your claim depending on the type of claim. Please look over the following table:
Payment for a rental car, towing, or other expenses related to a qualifying repair
90 days after the expense is paid or 90 days after the expense is incurred, whichever comes first.
90 days after the incident occurred, if the engine compartment fire happened after August 28, 2020.
If an engine failure or fire happened after August 28, 2020, it must have happened no later than 90 days after that date.
Documentation:
Except in cases where you paid cash for specific Claim benefits, documentation must be given to substantiate your Claim. To understand the kind of paperwork needed to effectively substantiate your Claim, please check the chart below.
Situation:
Documentation needed:
Exception:
a receipt or other record containing the date of purchase, the item(s) purchased (such as a rental car or towing service), and the price.
a duplicate of the original receipt or other proof of payment (such as a bank statement, credit/debit card statement, or receipt from a credit/debit card).
Date and details of the associated repair, if it wasn’t done at a Kia dealership.
If you paid in cash, you must attest under oath that you (or a friend or family member) did not have any proof of the rental car, towing, or other fees because you made the payment in cash.
evidence showing how many days were delayed (e.g., repair order identifying open and close date).
A diagnostic from the repair shop and/or any documentation demonstrating the compensation you received for your car as a result of the engine fire.
Rebate scheme for trading in a current Kia and buying a replacement because of diminished confidence
a diagnostic from the repair shop, the documentation of your trade-in or sale of your car, and/or the documentation of your purchase of another Kia car.
Due to the fact that nothing will be returned to you, documentation needs to be in clear, readable copies. The following file types and file sizes are acceptable for online filing: jpg, jpeg, png, gif, tif, tiff, doc, docx, xls, xlsx, pdf, txt, rtf, or zip.
Online Filing Procedures:
Before you start filing, please make sure you have your VIN and the necessary paperwork ready.
how to mail a form:
Download a copy of the Claim Form if you want to submit your claim by mail. Please carefully read the form, complete it, and attach any necessary supporting materials. Next, send the Claim Form, completed, to the following address:
What will my share of the Kia settlement be?
To the extent that it was not already extended as part of a servicing campaign, the Powertrain Warranties for the Class Vehicles will be upgraded to a Lifetime Warranty for the engine short block assembly. The short block assembly, which consists of the engine block, crankshaft and bearings, connecting rods and bearings, and pistons, will be covered by the warranty extension for Class Vehicles owned by private consumers who have finished the knock sensor program software update. The Lifetime Warranty shall otherwise endure for bearing wear or damage regardless of the Class Vehicle’s mileage, ownership duration, or prior warranty engine repairs and/or warranty replacements, with the exception of cases of Exceptional Neglect (defined below) and subject to the existing terms, limitations, and condition of the original Powertrain Warranty.
The warranty is extended to include all inspection and repair expenses for the engine short block assembly, including materials, labor, and diagnosis. It is advised that class members keep all records of their vehicle maintenance after August 18, 2020. If Kia suspects exceptional neglect, such class members might be asked to show documents of their vehicle maintenance from after August 18, 2020 in order to get Lifetime Warranty repairs.
The warranty extension may be refused for “Exceptional Neglect of the Vehicle,” which is defined as (a) when the vehicle clearly evidences a lack of maintenance or care for a significant period of time of not less than one (1) year, such that the vehicle appears abandoned, beyond repair, and/or (b) when a Class Member has failed to have the KSDS (“Knock Sensor Detection System”) installed.
Regardless of mileage or previous repairs, Kia will offer a free recall inspection for up to 90 days following the Final Approval Order for any vehicle where recall inspections were not finished.
If necessary, Kia shops will offer a complimentary loaner car of equal value up until repairs are finished. Kia will fully compensate you for reasonable rental car costs up to $40 per day if a loaner car is not available. (How to submit a claim for reimbursements for a rental car is described below.)
For this extension of the Powertrain Warranty for the engine short block assembly under this Settlement, you DO NOT need to submit a Claim Form.
To acquire the Lifetime Warranty extension, a Kia Dealer must complete the KSDS Product Improvement Campaign.
Reimbursement for Rental Cars, Towing, Etc.
Based on the following conditions, you may be entitled to full reimbursement for any towing costs or other out-of-pocket costs reasonably associated to getting a qualifying repair, as well as up to $40 per day for rental car costs:
- The cost was legitimately connected to getting one of the qualifying repairs listed below.
- any maintenance work on the short block assembly of the engine, which consists of the engine block, the crankshaft and bearings, the connecting rods and bearings, and the pistons.
- Repairs to any other parts (such as the starter, battery, or long block assembly) if the documentation demonstrates that the work was done in an effort to solve one of the following issues: engine seizure, stalling, noise, or oil lamp illumination. (Repair expenses won’t be covered if the documentation shows that they were obviously unconnected to the short block assembly.)
- Repairs brought on by collisions with Class Vehicles are not included, unless the collision was directly brought on by a Class Vehicle breakdown that would otherwise be covered by a Qualifying Repair, like as engine fire.
Compensation for Vehicle involved in Engine Fire
If the cost of the repair was too high or you had to sell your car at a loss due to an engine fire that would have otherwise been resolved by a Qualifying Repair, you may be entitled to reimbursement for the value of the vehicle as well as an additional $140 goodwill payment. To be eligible for this benefit, you must submit a timely claim within 90 days of the engine compartment fire.
If you submit a Claim proving the fire started in the engine compartment and was unrelated to any form of collision, the amount of compensation will be determined by the vehicle’s maximum Black Book value.
Before the repair diagnosis, the vehicle’s maintenance history, or lack thereof, shall not be a justification for denying or reducing reimbursement under this provision (excepting limited Exceptional Neglect circumstances). Exceptional Neglect includes the following situations: (a) when the vehicle clearly demonstrates a lack of maintenance or care for a significant period of time of not less than one (1) year, such that the vehicle appears abandoned, beyond repair, and/or (b) when a Class Member has neglected to have the KSDS (“Knock Sensor Detection Software”) installed in the vehicle in accordance with the KSDS Product.
Rebate Program
If you buy a replacement Kia car after losing faith in your Class Vehicle due to an engine failure or engine compartment fire, you might be eligible for a rebate. To be eligible for any rebate, you must submit the Claim Form. You may be eligible for up to the following sums: $2,000 for model-year 20112012 Class Vehicles; $1,500 for model-year 20132014 Class Vehicles; $1,000 for model-year 20152016 Class Vehicles; and $500 for model-year 20172019 Class Vehicles. To be eligible for this benefit, your claim must be submitted in a timely manner within 90 days of the engine failure or fire.
Informational Pamphlet
According to the Settlement, KMA will supply Class Members with an instructional leaflet that offers additional advice on how to maintain the engines in the Class Vehicles and notifies Class Members of the available inspections and repairs.
Is Kia facing a class action lawsuit?
Even with the engine off, at least 485,000 automobiles are at risk of catching fire.
A dangerous flaw allegedly affecting some vehicle models might cause spontaneous fires, according to a LOS ANGELES class action complaint against Hyundai and Kia. The lawsuit claims that Hyundai and Kia were aware of this issue and that there have been allegations of electrical fire issues in their cars as far back as 2011.
According to the lawsuit, the defect in some Hyundai and Kia vehicles happens when brake fluid or moisture contaminates the hydraulic electronic control unit (HECU), shorting out the system’s electronic circuitry. The lawsuit was filed on February 25, 2022, in the U.S. District Court for the Central District of California. A vehicle fire might happen from this short. According to the lawsuit, Hyundai and Kia advised owners to park the impacted vehicles outside and away from buildings and other vehicles because there was no known cure for the flaw.
“The best that Hyundai and Kia can do is warn the hundreds of thousands of people who own cars that could spontaneously catch fire to park them outside, away from buildings, according to Steve Berman, managing partner and co-founder of Hagens Berman. “We will do all in our power to get Hyundai and Kia to face responsibility for what they have offered their customers: a disaster waiting to happen. We believe this complete disdain for consumer safety is intolerable.
More than 357,830 Hyundai vehicles, including the 20062011 Azera, 20072010 Elantra, 20092011 Elantra Touring, 20072008 Entourage, 20152016 Genesis, 20172020 Genesis G80, 20072018 Santa Fe, 20132015 and 2018 Santa Fe Sport, 2019 Santa Fe XL, 2006 Sonata, and 20142021 Tucson, are affected by this defect, claims Hyundai.
More than 126,747 Kia vehicles, including the 20172019 Cadenza, 20162018 K900, 20132015 Optima, 20062010 Sedona, 20072009 and 20142015 Sorento, 20082009 and 20142021 Sportage, and 20182021 Stinger, are reportedly affected by this fault.
Which Kia vehicles are subject to a 2021 recall?
Certain 2020-2021 Soul and 2021 Seltos vehicles with 2.0L Nu MPI engines are being recalled by Kia Motors America (Kia). Engine damage could come from improper heat treatment of the piston oil rings. Tip: Not all vehicles from the same year, make, and model are subject to recalls.
How long does a Kia engine replacement take?
Depending on the car’s model, age, the mechanic’s skill level, and the type of engine work, pulling and replacing an engine can take anywhere from 8 to 15 hours (replacement vs. repair).