2023 Hyundai Class Action Says Defective Oil Pump Can Short Circuit, Catch Fire
Franz v. Hyundai Motor America
Filed: August 31, 2023 ◆§ 8:23-cv-01640
A class action alleges several 2023 Hyundai vehicles are equipped with an oil pump controller that can short circuit and overheat, creating a “massive fire risk.”
A proposed class action alleges several 2023 model year Hyundai vehicles recalled last month are equipped with an oil pump controller that can short circuit and overheat, creating a “massive fire risk.”
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The 25-page lawsuit was filed in the wake of an August 2023 recall of nearly 92,000 Hyundai and Kia vehicles in the United States due to the apparent oil pump defect. The complaint emphasizes that the alleged defect is likely to cause an affected vehicle’s engine oil pump to overheat, posing a significant safety hazard given the pump’s proximity to combustible oil.
“The defective oil-pump system inside the Class Vehicles [listed below] malfunctions within the first two years of its lifespan,” the suit says, “whereas the expected lifespan of oil pumps is often as long as the lifespan of the car itself.”
The plaintiff, a Gaffney, South Carolina consumer, calls Hyundai’s latest recall “no more than a repeatedly ineffective waste of time, because there is no true fix for the Oil Pump Defect.” The consumer says he was never informed of the recall by anyone affiliated with Hyundai and instead heard about the oil pump defect through social media.
“Unless Defendant issues a more comprehensive recall to fix the root cause of the Oil Pump Defect, it is foreseeable, and should be expected, that the Class Vehicles’ oil-circulation systems will fail once again,” the case contests.
The Hyundai vehicle models mentioned in the lawsuit are the:
- 2023-2024 Hyundai Palisade;
- 2023 Hyundai Tucson;
- 2023 Hyundai Sonata;
- 2023 Hyundai Elantra; and
- 2023 Hyundai Kona.
According to media reports, the automakers said the electronic oil pump controllers for affected vehicles’ Idle Stop & Go pump assembly may contain damaged electrical components that could cause overheating. The Idle Stop & Go system is intended to shut down the engine whenever a driver comes to a stop, then start it up again when the driver lifts their foot off the brake.
Per CNN, Hyundai said it is aware of at least four “thermal incidents” related to the alleged defect, and drivers are advised to watch for smoking coming from underneath their vehicle or burning or melting odors.
Hyundai drivers will reportedly be notified of the issue in late September, and dealers will inspect and replace drivers’ electric oil pump controllers as needed, CNN said.
The proposed class action says that although the Hyundai oil pump recall includes free fixes and repairs, the repairs “will cost Plaintiff hours of his time” as they can take anywhere from four to eight hours to complete, the case relays.
Further, the filing asserts that the recall does not offer any reasonable guarantee that the oil pump issue will be permanently fixed.
“Rather, the Recall mentions installing a new oil pump, but mentions no testing or assurances that the new oil pump will solve the issue fully,” the case reads.
The recall notwithstanding, the plaintiff has been left with a vehicle that has been “devalued” as a result of Hyundai’s allegedly negligent oil pump design “because the value of a car with a known history of faulty oil pumps is worth much less than a car with properly working oil pumps[.]”
“In all, Defendant’s Recall leaves more questions than answers regarding the Class Vehicles’ safety and oil-circulation system,” the suit says.
The lawsuit looks to cover all persons in the United States who bought or leased any of the Hyundai vehicles listed on this page.
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