— A Hyundai Elantra lawsuit settlement has been reached for owners and lessees of 2011-2016 Hyundai Elantra, 2013 Hyundai Elantra GT and 2013 Hyundai Elantra Coupe vehicles factory-equipped with 1.8L Nu engines.
According to the Elantra lawsuit settlement, Hyundai decided to settle the class action to avoid further litigation and the cost associated with fighting the case. The automaker says it denies all the allegations, denies all liability and says there is nothing defective about the vehicles.
The Elantra engine lawsuit was originally dismissed, but the judge allowed the plaintiffs to amend and refile the class action.
The Hyundai Elantra class action lawsuit alleges the piston assemblies cause knocking and ticking noises that eventually lead to engine block damage, oil sludge and engine failure. Those ticking sounds are also known as piston slap which occurs when there is too much of a gap between the piston and the outer cylinder.
The plaintiffs claim piston slap typically occurs when the engine is cold due to a piston head that isn't secured in the cylinder. This allows the piston edges to collide with the cylinder wall.
According to the proposed Elantra lawsuit settlement, an eligible customer might receive an extended powertrain warranty based on where the car was registered.
The warranty extension covers the short block assembly which includes the engine block, crankshaft, connecting rods and pistons, but only if the damage is accompanied by a piston slap noise in the upper end of the engine.
This typically occurs in cold weather, as distinguished from other engine noises from the bearings, timing chain, valve train and/or squealing belts.
The powertrain warranty will have a total duration of 10 years/120,000 miles (whichever occurs first) following the original sale or lease (first use) of the Hyundai Elantra.
For certain Elantra customers who are not the original purchasers or lessees or customers of certified pre-owned cars, the total duration of the warranty will be 8 years/80,000 miles.
Hyundai Elantra Lawsuit Settlement
Automatic Warranty Extension
In order to qualify for an automatic warranty extension, you must have your Elantra registered in one of the following cold weather states:
Alaska, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming.
If you reside in a state that is not a cold weather state, you must submit a claim form to receive the warranty extension, and you must satisfy one of the following conditions:
- After the notice date, you register your Elantra in a cold weather state for at least six months.
- The Elantra was previously registered in one of the cold weather states.
- You must prove substantial prior cold weather usage for a period of at least 90 consecutive days during the months of November to March during which the Elantra was located in a place where it was exposed to at least 50 cumulative days of temperatures at or below 32 degrees Fahrenheit in that location during that period.
- You provide a heightened proof submission with parts, photographs or other evidence that clearly prove the engine problem is directly related to the piston scuffing-type defect alleged in the class action.
For a Hyundai Elantra customer whose car is already beyond the time and mileage limitations of the extended warranties, Hyundai will extend the time and mileage limitations of the powertrain warranty for the 90-day period following the court’s entry of the final approval order.
However, the warranty extension may be denied for “exceptional neglect” of the Elantra. Exceptional neglect means a failure to change the engine oil for at least 365 consecutive days or 15,000 miles. Hyundai may ask the owner to furnish maintenance records to demonstrate the time and mileage between oil changes.
Reimbursement for Past Repairs
Money you spent on certain Elantra repairs may be reimbursed in full according to the below conditions.
For cars registered in cold weather states, you must submit your claim form no later than 70 days after the final approval order provided that you submit a completed form that contains proof of the repair expense for a qualifying repair and Hyundai does not argue there was exceptional neglect.
For cars not registered in cold weather states, you must submit your claim form no later than 70 days after the final approval order provided that you submit a completed form that contains proof of the repair expense for a qualifying repair and Hyundai does not argue there was exceptional neglect.
For non-cold weather states, the claim must contain documentary proof of one of the following conditions:
- The Elantra was previously registered in a cold weather state.
- The Elantra was previously subjected to substantial prior cold weather usage for a period of at least 90 consecutive days during the months of November to March during which the car was located in a place where it was exposed to at least 50 cumulative days of temperatures at or below 32 degrees Fahrenheit in that location during that period.
- Demonstrates to a degree of heightened proof (parts, photographs or other evidence) that clearly substantiates the engine problem was directly related to the piston-scuffing defect alleged in the lawsuit.
Reimbursement for Rental Cars, Towing
Money you spent on rental cars, towing services and other out-of-pocket expenses reasonably related to obtaining a qualifying repair for an Elantra will also be reimbursed in full based on the following requirements:
- The claim form contains proof of repair-related expense for a qualifying expense.
- The claim contains a proof of repair expense that reflects a qualifying repair performed within 30 days of the incurred rental car or towing expense. The claim must be submitted within 70 days after the final approval order or the date on which the expense is incurred.
Lawyers for the plaintiffs will receive $875,000, but nothing about the Elantra lawsuit settlement is official until the judge grants final approval.
The Hyundai Elantra lawsuit settlement was filed in the U.S. District Court for the District of New Jersey, Newark Division - Brown, et al., v. Hyundai Motor America, et al.
The plaintiffs are represented by Sauder Schelkopf LLC, Migliaccio & Rathod LLP, and Levin Sedran & Berman.
CarComplaints.com has owner-reported complaints about Hyundai Elantra engines:
Hyundai Elantra Engine Complaints - 2011 / 2012 / 2013 / 2014 / 2015 / 2016
