1. Why did I get a notice package?

    According to Kia’s records, you bought or leased a Class Vehicle in the United States. This may also include a Class Vehicle you purchased while abroad on active U.S. military duty.

    The Court has ordered a notice be sent to you because you have a right to know about a proposed settlement of a class action lawsuit and about your options in that lawsuit before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, Kia will provide payments and other benefits agreed to in the Settlement. The notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

    To view a copy of the Notice, click here.

    Back To Top
  2. What are these lawsuits about?

    The people who filed these lawsuits are called Plaintiffs, and the companies they sued, Kia Motors Company (“KMC”), Kia Motors America (“KMA”), and others, are called Defendants. The Plaintiffs allege that the Class Vehicles suffer from a defect that can cause engine seizure, stalling, engine failure, and engine fire. The Plaintiffs also allege that engine seizure or stalling can be dangerous if experienced. The Plaintiffs also allege that some owners and lessees have been improperly denied repairs under the vehicle’s warranty. KMC and KMA deny Plaintiffs’ allegations.

    Back To Top
  3. Why is this a class action?

    In a class action lawsuit, one or more persons, called “Class Representatives” (in this case Cara Centko, Jenn Lazar, Christopher Stanczak, Rose Creps, James Kinnick, Wallace Coats, Maryanne Brogan, Andrea Smolek, Danny Dickerson, Robert Fockler, Amy Franklin, Donald House, Dave Loomis, Joseph McCallister, Arron Miller, Ricky Montoya, Lynn North, Mark Rice, Reid Schmitt, James Smith, and Chris Stackhouse), sue on behalf of people who have similar claims. All of these people and those similarly situated are a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Class Members, except those who exclude themselves from the Settlement Class.

    The Court in charge of the cases is the United States District Court for the Central District of California, and the cases are known as In re: Hyundai and Kia Engine Litigation, No. 8:17-cv-00838-JLS-JDE and Flaherty v. Hyundai Motor Company, et al., No. 18-cv-02223 (C.D. Cal.). District Judge Josephine Staton is presiding over this class action.

    Back To Top
  4. Why is there a settlement?

    The Class Representatives and Defendants agreed to a settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get payments and other benefits, in exchange for releasing Defendants from liability. The Settlement does not mean that Defendants broke any laws and/or did anything wrong, and the Court did not decide which side was right.

    The Class Representatives and Defendants entered into a Settlement Agreement that was preliminarily approved by the Court, which authorized the issuance of the notice. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interest of the Settlement Class Members.

    This website and the Notice summarize the essential terms of the Settlement. The Settlement Agreement, along with all exhibits and addenda, set forth in greater detail the rights and obligations of all the Parties. If there is any conflict between this website, the Notice, and the Settlement Agreement, the Settlement Agreement governs.

    Back To Top
  5. How do I know if I am part of the Settlement?

    Judge Staton decided that, for the purposes of this proposed Settlement, everyone who fits this description is covered by the Settlement:

    All owners and lessees of a Class Vehicle who purchased or leased the Class Vehicle in the United States including those that were purchased while the owner was abroad on active U.S. military duty, but excluding those purchased in the U.S. territories and/or abroad.

    However, the Class excludes all claims for death, personal injury, property damage, and subrogation. The Class also excludes:

    • Hyundai Motor America (“HMA”), Hyundai Motor Company (“HMC”), KMC, and KMA;
    • Any affiliate, parent, or subsidiary of Hyundai Motor America or Kia Motors America;
    • Any entity in which HMA, HMC, KMC, or KMA has a controlling interest;
    • Any officer, director, or employee of HMA, HMC, KMC, or KMA;
    • Any successor or assign of HMA, HMC, KMC, or KMA;
    • Any judge to whom this Action is assigned, his or her spouse, and all persons within the third degree of relationship to either of them, as well as the spouses of such persons;
    • Individuals and/or entities who validly and timely opt-out of the Settlement;
    • Consumers or businesses that have purchased Class Vehicles previously deemed a total loss (i.e., salvage) (subject to verification through Carfax or other means); and
    • Current or former owners of a Class Vehicle that previously released their claims against HMA, HMC, KMC, or KMA with respect to the same issues raised in this class action.

    Back To Top
  6. Which vehicles are included?

    The “Class Vehicles,” for the purposes of the description in FAQ 5, are 2011-2018 and certain 2019 model year Kia Optima, 2012-2019 model year Kia Sorento, and 2012-2018 and certain 2019 model year Kia Sportage vehicles equipped with 2.0 liter and 2.4 liter genuine Theta II gasoline direct injection engines within OEM specifications.

    Back To Top
  7. If I bought or leased a Class Vehicle that has not had problems, am I included?

    Yes. You did NOT have to experience stalling, engine seizure, engine failure, or a vehicle fire to be included in this Settlement. If you still own or lease a Class Vehicle, you will be eligible to take advantage of the Settlement’s extension of the Powertrain Warranty to a Lifetime Warranty, as well as certain other benefits of the Settlement.

    Back To Top
  8. What if I am still not sure if I’m included?

    If you are still not sure whether you are included, you can ask for free help. You can review the information listed on this website or call 1-855-951-0807 and ask whether your vehicle is included in the Settlement. Whether you review the website or call the toll-free number, you will need to have your Vehicle Identification Number (“VIN”) ready. The VIN is located on a small placard on the top of the dashboard and is visible through the driver’s side corner of the windshield. It also appears on your vehicle registration card and probably appears on your vehicle insurance card. Your VIN should have 17 characters, a combination of both letters and numbers.

    Back To Top
  9. What does the Settlement provide?

    The Settlement provides the following benefits:


    1. Warranty Extension

    The Powertrain Warranties for the Class Vehicles will be extended to a Lifetime Warranty for the engine short block assembly, to the extent it was not previously extended under a service campaign. The extension of the warranty will cover the short block assembly, consisting of the engine block, crankshaft and bearings, connecting rods and bearings, and pistons, in those Class Vehicles owned by individual consumers that have completed the knock sensor program software update. With the exception of cases of Exceptional Neglect (defined below) and subject to the existing terms, limitations, and condition of the Class Vehicles’ original Powertrain Warranty, the Lifetime Warranty shall otherwise endure for bearing wear or damage irrespective of the Class Vehicle’s mileage, duration of ownership, or prior warranty engine repairs and/or warranty replacements.

    The extension of the warranty covers all costs of inspections and repairs including, parts, labor, and diagnosis, for the engine short block assembly. Class members are suggested to retain all vehicle maintenance records after August 18, 2020, and if Kia believes there to be Exceptional Neglect, such Class members may be required to provide records for vehicle maintenance performed after August 18, 2020 to receive Lifetime Warranty repairs.

    The warranty extension may be denied for “Exceptional Neglect” of the vehicle, which means (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 dilapidated, abandoned, and/or beyond repair unless such lack of maintenance was due to a Loss Event, as defined in the Settlement Agreement; or (b) where a Class member has failed to have the KSDS (“Knock Sensor Detection Software”) installed in the vehicle pursuant to the KSDS Product Improvement Campaign by a Kia dealer.

    Kia will provide a free recall inspection for up to 90 days after the Final Approval Order for any vehicle where recall inspections were not completed, regardless of current mileage or prior repairs.

    Kia dealerships will provide a free loaner vehicle of comparable value if requested, until repairs are completed. If no loaner vehicle is available, Kia will provide full reimbursement of reasonable rental car expenses up to $40 per day. (See below for how to make a Claim for rental car reimbursements.)

    You do NOT need to submit a Claim Form to receive this extension of the Powertrain Warranty for the engine short block assembly under this Settlement.

    You must have the KSDS Product Improvement Campaign completed by a Kia Dealer to receive the Lifetime Warranty extension.


    2. Reimbursement for Past Repairs

    Money you spent on certain Class Vehicle repairs will be reimbursed in full, and in certain instances, you may receive an additional $140 goodwill payment and/or inconvenience payment based on the following requirements:

    1. Date of Repairs
      • Any Qualifying Repairs completed prior to 90 days following the Final Approval Order.
    2. Types of “Qualifying Repairs”
      • Any repair to the engine short block assembly, which includes the engine block, crankshaft and bearings, connecting rods and bearings, and pistons.
      • Repairs to any other components (such as the long block assembly, battery, or starter) if paperwork shows the work was an attempt to address (i) engine seizure, (ii) engine stalling, (iii) engine noise, or (iv) illumination of the oil lamp. (Repair costs will not be reimbursed if the paperwork reflects that the repairs were plainly unrelated to the short block assembly).
      • It does not include repairs caused by a collision involving a Class Vehicle, unless the collision was directly caused by a Class Vehicle failure otherwise subject to a Qualifying Repair, such as an engine fire.
    3. Goodwill Payment For Previously Denied Warranty Repairs
      • If before receiving notice of this Settlement you presented a Qualifying Repair to a Kia dealership and were denied an in-warranty repair and subsequently obtained the Repair elsewhere, you are eligible to receive an additional $140 goodwill payment.
    4. Compensation For Inconvenience Due To Repair Delays
      • If you experienced prolonged delays (exceeding 60) days obtaining any Qualifying Repair from an authorized Kia dealership you are eligible to receive a goodwill payment based on the length of the delay.
      • If you had delays between 61 and 90 days you will be entitled to $50, and an additional $25 for each additional 30-day period of delay. (E.g., a Class Member may receive $50 for delays lasting 61-90 days, $75 for delays lasting 91-120 days, etc.).
      • A Class member may elect to receive this compensation in the form of a dealer service card valued at 150% of the amount that would otherwise be paid.
    5. Make a Timely Claim
      • See FAQ 10 for how to make your Claim using the Claim Form.

    Class members are eligible for a reimbursement even if warranty coverage was denied on grounds of improper service or maintenance (excepting limited Exceptional Neglect circumstances), and even if the repairs were performed at an independent mechanic. Exceptional Neglect means (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 dilapidated, abandoned, and/or beyond repair unless such lack of maintenance was due to a Loss Event, as defined in the Settlement Agreement; or (b) where a class member has failed to have the KSDS (“Knock Sensor Detection Software”) installed in the vehicle pursuant to the KSDS Product Improvement Campaign by a Kia dealer within 60 days from Notice Date, or within 60 days of mailing of KSDS campaign notice, whichever is later.


    3. Reimbursement for Rental Cars, Towing, Etc.

    Money you spent on rental cars, towing services, and similar services will also be reimbursed in full, based on the following requirements:

    • The expense was reasonably related to obtaining one of the Qualifying Repairs listed above; and
    • You make a timely Claim using the Claim Form. (See FAQ 10 for how to do so.)

    4. Compensation If You Sold or Traded-In a Class Vehicle

    If your Class Vehicle (i) experienced an engine seizure, engine stall, engine noise, engine compartment fire, or illumination of the oil lamp diagnosed as requiring repair of the engine block, AND (ii) you sold or traded-in the Class Vehicle without first procuring the recommended repair, you may receive compensation for any effect on fair market value of the Class Vehicle that resulted. You may also receive an additional goodwill payment of $140.

    The amount of compensation will be based on the sale or trade-in transaction as a whole (among other considerations). The vehicle’s maintenance history or lack thereof before the repair diagnosis will not be a basis for denying or limiting compensation under this section (excepting limited Exceptional Neglect circumstances). Exceptional Neglect means (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 dilapidated, abandoned, and/or beyond repair unless such lack of maintenance was due to a Loss Event, as defined in the Settlement Agreement; or (b) where a Class member has failed to have the KSDS (“Knock Sensor Detection Software”) installed in the vehicle pursuant to the KSDS Product Improvement Campaign by a Kia dealer within 60 days from Notice Date, or within 60 days of mailing of KSDS campaign notice, whichever is later.

    To be considered for compensation, submit a Claim using the Claim Form. Instructions are provided in FAQ 10. After you submit your Claim, you will be contacted by KMA’s Claims Administrator and advised of the process for evaluation of your transaction and proposed compensation. If you are unhappy with the proposal, you can elect arbitration through the Better Business Bureau (“BBB”).


    5. Compensation for Vehicle involved in Engine Fire

    If your Class Vehicle suffered an engine fire that would have otherwise been addressed by a Qualifying Repair that caused you to lose the vehicle because either the cost of the repair was too great or you had to dispose your vehicle at a loss, you may receive compensation for the value of the vehicle, and an additional $140 goodwill payment.

    The amount of compensation will be based on the maximum Black Book value of the vehicle, provided that you submit a Claim demonstrating the fire originated from the engine compartment and was unrelated to any sort of collision.

    The vehicle’s maintenance history or lack thereof before the repair diagnosis will not be a basis for denying or limiting compensation under this section (excepting limited Exceptional Neglect circumstances). Exceptional Neglect means (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 dilapidated, abandoned, and/or beyond repair unless such lack of maintenance was due to a Loss Event, as defined in the Settlement Agreement; or (b) where a Class member has failed to have the KSDS (“Knock Sensor Detection Software”) installed in the vehicle pursuant to the KSDS Product Improvement Campaign by a Kia dealer within 60 days from Notice Date, or within 60 days of mailing of KSDS campaign notice, whichever is later.

    To be considered for compensation, submit a claim using the Claim Form. Instructions are provided in FAQ 10. After you submit your Claim, you will be contacted by KMA’s claims administrator and advised of the process for evaluation of your transaction and proposed compensation. If you are unhappy with the proposal, you can elect arbitration through the Better Business Bureau (“BBB”).


    6. Rebate Program

    If you have lost faith in your Class Vehicle as a result of an engine failure or engine compartment fire and you purchase a replacement Kia vehicle you may be entitled to a rebate. You must complete the Claim Form to be entitled to any rebate, but may qualify for up to the following amounts: for model year 2011-2012 Class Vehicles $2,000; for model year 2013 and 2014 Class Vehicles $1,500; for model year 2015 and 2016 Class Vehicles: $1,000; and for model year 2017, 2018, and 2019 Class Vehicles $500.


    7. Informational Pamphlet

    The Settlement provides that KMA will distribute an informational pamphlet to Class Members that provides further recommended guidance on the maintenance of the engines in the Class Vehicles and that reminds Class Members of the available inspections and repairs.

    Back To Top
  10. How do I make a Claim?

    To be eligible for any of the benefits listed in FAQ 9, outside of the warranty extension, you must file a Claim. Claim Forms can be submitted online via this website here, or by downloading a copy of the paper Claim Form here and emailing it or mailing it to the Claims Administrator at the information below no later than April 12, 2021, with the exception of certain claim types as described below. If you fail to submit a Claim Form and supporting documents by the required deadline, you will not get paid. Sending in a Claim Form late will be the same as doing nothing. All Claim Forms and supporting documentation must be submitted online, via email or by mail to:

    Kia Claims Administrator
    c/o Epiq
    P.O. Box 3145
    Portland, OR 97208‑3145
    claims@kiaenginesettlement.com

    Please keep a copy of your completed Claim Form and all documentation you submit for your own records. If you fail to submit a Claim Form and supporting documents by the required deadline, you will not get paid.

    Depending on the Claim, you may have a different deadline to submit your Claim. Please review the table below:

    Claim Deadline
    Lifetime Warranty (upon completion of KSDS)N/A, Claim filing is not required for this Claim
    Reimbursement for Past RepairsApril 12, 2021
    Reimbursement for rental car/towing/other costsThe date the expense is incurred, the date the expense is paid, or April 12, 2021, whichever is later.
    Compensation for inconvenience due to repair delaysThe date the repair is completed, or April 12, 2021, whichever is later.
    Loss of Value for Sold or Traded-In VehiclesApril 12, 2021
    Loss of Vehicle by Engine FireIf engine compartment fire occurred before August 28, 2020, April 12, 2021.
    If engine compartment fire occurred after August 28, 2020, no later than 90 days after fire occurred.
    Rebate Program For Lost Faith of VehicleIf engine failure or fire occurred before August 28, 2020, April 12, 2021.
    If engine failure or fire occurred after August 28, 2020, no later than 90 days after engine failure or fire occurred.
    Back To Top
  11. When would I get my reimbursement?

    In general, valid Claims will be paid as they are approved after the Effective Date. The Effective Date for the Settlement will be the date of the Court’s Order giving final approval to the Settlement if there are no objections or appeals. If there are objections or appeals, the date will be later. When the date becomes known it will be posted on this website.

    You may continue to check on the progress of the Settlement by visiting this website or calling Kia’s Claims Administrator at 1-855-951-0807. Payments under the Settlement will begin once the Settlement has been finally approved by the Court and any appeals from that decision are completed.

    For more information on the Fairness Hearing, see FAQ 21.

    Back To Top
  12. What if my Claim is found to be deficient?

    If a Claim is found to be deficient and is rejected during the review process by the Claims Administrator, the Settlement Class Member will be notified of the deficiency. The Settlement Class Member will then have an opportunity to remedy the deficiency within 35 days of the notice.

    Back To Top
  13. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself in writing as described FAQ 14, you will be treated as part of the Settlement Class. That means that you can’t sue, continue to sue, or be part of any other lawsuit against KMC, KMA, or other related entities or individuals (as listed in the Settlement Agreement) about the legal issues in these cases if the Settlement is approved, including but not limited to claims of false advertising, deceptive practices, fraud, breach of implied or express warranties, lemon laws, unjust enrichment, strict product liability, and negligence. You will not be able to sue even on existing claims that you may already hold against KMC, KMA, or other related entities or individuals listed in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you.

    However, nothing in this Settlement will prohibit you from pursuing claims for: (i) death; (ii) personal injury; (iii) damage to property other than to a Class Vehicle; (iv) subrogation; or (v) any and all claims that relate to something other than a Class Vehicle and the alleged defect here.

    If you have any questions about the scope of the legal claims you give up by staying the Settlement Class, you may view Section VI of the Settlement Agreement, or you can contact the lawyers representing the Settlement Class, listed in FAQ 17, for free, or speak with your own lawyer at your own expense.

    Back To Top
  14. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must send a letter by U.S. mail (or an express mail carrier) saying that you want to “opt-out of” or “be excluded from” the Class Settlement in In re: Hyundai and Kia Engine Litigation, No. 8:17-cv-00838-JLS-JDE and Flaherty v. Hyundai Motor Company, et al., No. 18-cv-02223 (C.D. Cal.). Be sure to include (i) your full name and current address, (ii) the model year, approximate date(s) of purchase or lease, and Vehicle Identification Number (“VIN”) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and (iii) clearly state your desire to be excluded from the Settlement and from the Class. You must mail your exclusion request postmarked no later than October 30, 2020 to:

    Defense Counsel Claims Administrator
    Shon Morgan
    Quinn Emanuel Urquhart & Sullivan, LLP
    865 S. Figueroa St.
    10th Floor
    Los Angeles, California 90017
    Kia Claims Administrator
    c/o Epiq
    P.O. Box 3145
    Portland OR 97208-3145

    You can’t exclude yourself on the phone, on any website, or by email. Please keep a copy of any exclusion (or opting out) letter for your records.

    If you ask to be excluded, you cannot receive any benefits under this Settlement, and you cannot object to the Settlement. If you choose to be excluded or opt out, you will be excluded for all Claims you have that are included in the Settlement. You will not be legally bound by anything that happens in this lawsuit. Depending on the laws in your state, you may be able to sue (or continue to sue) KMC, KMA, or other related entities or individuals in the future about the legal issues in this case.

    Back To Top
  15. If I don’t exclude myself, can I sue for the same thing later?

    No. Unless you exclude yourself (opt out), you give up the right to sue KMC, KMA, and other related entities or individuals for the Claims that this Settlement resolves.

    If you have a pending lawsuit against KMC, KMA, or related entities, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit if it concerns the same legal issues related to the Class Vehicles and the alleged defect in this case, even if it involves other causes of action, including but not limited to, false advertising, deceptive practices, fraud, breach of implied or express warranties, lemon laws, unjust enrichment, strict product liability, and negligence. Remember, the exclusion deadline is October 30, 2020.

    If you are a Settlement Class Member and you do nothing, you will remain a Settlement Class Member and all of the Court’s orders will apply to you, you will be eligible for the Settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue Defendants over the issues in this lawsuit.

    Back To Top
  16. If I exclude myself, can I get the benefits of this Settlement?

    No. If you exclude yourself, do not send in a Claim Form to ask for any reimbursement. But, you may sue, continue to sue, or be part of a different lawsuit against KMC, KMA, and other related entities or individuals for the Claims that this Settlement resolves.

    Back To Top
  17. Do I have a lawyer in this case?

    The Court has appointed Matthew D. Schelkopf of Sauder Schelkopf, Adam Gonnelli of The Sultzer Law Group, Steve Berman of Hagens Berman Sobol Shapiro LLP, and Bonner Walsh of Walsh PLLC to represent you and other Settlement Class Members. Together these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own cost.

    Matthew D. Schelkopf
    Sauder Schelkopf
    1109 Lancaster Ave.
    Berwyn, Pennsylvania 19312
    mds@sstriallawyers.com
    www.sauderschelkopf.com
    Steve Berman
    Hagens Berman Sobol Shapiro LLP
    1301 Second Ave.
    Suite 2000
    Seattle, WA 98101
    Bonner Walsh
    Walsh PLLC
    1561 Long Haul Rd.
    Grangeville, ID 83530
    bonner@walshpllc.com

    PLEASE DO NOT SEND CLAIM FORMS TO THE ATTORNEYS LISTED ABOVE. All claim forms and supporting documentation must be submitted online, be emailed to claims@kiaenginesettlement.com or mailed to: Kia Claims Administrator, c/o Epiq, P.O. Box 3145, Portland, OR 97208-3145.

    Back To Top
  18. How will the lawyers be paid and will the Settlement Class representatives receive service payments?

    At a later date, Class Counsel will ask the Court for attorneys’ fees, expenses, and service payments to each of the named Settlement Class representatives, Cara Centko, Jenn Lazar, Christopher Stanczak, Rose Creps, James Kinnick, Wallace Coats, Maryanne Brogan, Andrea Smolek, Danny Dickerson, Robert Fockler, Amy Franklin, Donald House, Dave Loomis, Joseph McCallister, Arron Miller, Ricky Montoya, Lynn North, Mark Rice, Reid Schmitt, James Smith, and Chris Stackhouse. It will be up to the Court to decide whether Defendants will be ordered to pay any of those fees, expenses, and service payments. The Court may award less than the amounts requested by Class Counsel. Defendants will separately pay the fees and expenses and service payments that the Court awards. These amounts will not come out of the funds for payments to Settlement Class Members. Class Counsel will not seek more than $12,000,000.00 in fees and expenses or a service award exceeding $3,500 per named Settlement Class representative. Class Counsel will file their motion for attorneys’ fees and expenses by September 30, 2020. You may continue to check on the progress of Class Counsel’s request for attorneys’ fees, expense and service awards by visiting this website.

    Defendants will also separately pay the costs to administer the Settlement. The payment of Settlement administration costs will not come out of the funds for payments to Settlement Class Members.

    Back To Top
  19. How do I tell the Court if I do not like the Settlement?

    If you are a member of the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.

    To object, you must mail a letter to Class Counsel saying that you object, and it must include:

    1. The name and title of the lawsuit, In re: Hyundai and Kia Engine Litigation, No. 8:17-cv-00838-JLS-JDE and Flaherty v. Hyundai Motor Company, et al., No. 18-cv-02223 (C.D. Cal.);
    2. A detailed written statement of each objection being made, including the specific reasons for each objection, and any evidence or legal authority to support each objection;
    3. Your full name, address, and telephone number;
    4. The model year and VIN of your Class Vehicle;
    5. A statement whether you or your lawyer will ask to appear at the Fairness Hearing to talk about your objections, and if so, how long you will need to present your objections;
    6. Any supporting papers, materials, exhibits, or briefs that you want the Court to consider when reviewing the objection;
    7. The identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to your objection;
    8. The number of times in which you, your counsel (if any), or your counsel’s law firm (if any) have objected to a class action settlement within the five years preceding the date that the objector files the objection and the caption of each case in which such objection was made;
    9. A statement disclosing any consideration that you, your counsel (if any), or your counsel’s law firm (if any) has received in connection with the resolution or dismissal of an objection to a class action settlement within the five years preceding the date that the objector files the objection; and
    10. Your signature and that of your attorney, if you have one.

    Objections must be sent by First-Class Mail to each of the addresses below and postmarked no later than October 30, 2020. Objections submitted after this date will not be considered.

    Bonner Walsh
    Walsh PLLC
    1561 Long Haul Rd.
    Grangeville, ID 83530
    Matthew D. Schelkopf
    Sauder Schelkopf
    1109 Lancaster Ave.
    Berwyn, Pennsylvania 19312
    Steve Berman
    Hagens Berman Sobol Shapiro LLP
    1301 Second Ave.
    Suite 2000
    Seattle, WA 98101

    Submitting an objection allows Class Counsel or counsel for Defendants to notice your deposition and to seek any documentary evidence or other tangible things that are relevant to your objection. Failure to make yourself available for such a deposition or comply with expedited discovery requests may result in the Court striking your objection or denying you the opportunity to be heard. The Court may require you or your counsel to pay the costs of any such discovery should the Court determine the objection is frivolous or made for improper purpose.

    If you do not state your intention to appear in accordance with the applicable deadlines and specifications, or you do not submit an objection in accordance with the applicable deadlines and specifications, you will waive all objections and can be barred from speaking at the Fairness Hearing.

    Back To Top
  20. What is the difference between objecting and excluding?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

    Back To Top
  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing at 10:30 a.m. on November 13, 2020 at the U.S. District Court for the Central District of California, Los Angeles Courthouse, 411 W. Fourth St., Santa Ana, CA 92701. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve the Class Representatives’ service awards. After the hearing, the Court will decide whether to finally approve the Settlement. We do not know how long these decisions will take.

    The hearing may be rescheduled without further notice to you, so it is recommended you periodically check this website for updated information.

    Back To Top
  22. Do I have to come to the Fairness Hearing?

    No. Class Counsel will answer any questions Judge Staton may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also attend or pay your own lawyer to attend, but it’s not necessary. Settlement Class Members do not need to appear at the hearing or take any other action to indicate their approval.

    Back To Top
  23. May I speak at the Fairness Hearing?

    You may ask the Court’s permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in In re: Hyundai and Kia Engine Litigation, No. 8:17-cv-00838-JLS-JDE and Flaherty v. Hyundai Motor Company, et al., No. 18-cv-02223 (C.D. Cal.)” or state in your objections that you intend to appear at the hearing. Be sure to include your name, address, telephone number, the model year and VIN for your Class Vehicle(s), and signature, as well as the identities of any attorneys who will represent you. Your Notice of Intention to Appear must be postmarked no later than October 30, 2020, and be sent to Class Counsel and Defense Counsel, at the following addresses:

    Defense Counsel Class Counsel
    Shon Morgan
    Quinn Emanuel Urquhart & Sullivan, LLP
    865 S. Figueroa St.
    10th Floor
    Los Angeles, California 90017
    Matthew D. Schelkopf
    Sauder Schelkopf
    1109 Lancaster Ave.
    Berwyn, Pennsylvania 19312
    Back To Top
  24. What happens if I do nothing at all?

    If you do nothing, you’ll get no reimbursements from this Settlement, though you will be entitled to the benefits of the Lifetime Warranty (if you continue to own or lease your Class Vehicle). Unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against KMC, KMA, or other related entities or individuals about the legal issues in this case, ever again.

    However, even if you take no action, you will keep your right to sue Defendant for any other claims not resolved by the Settlement.

    Back To Top
  25. How do I get more information?

    This website and the Notice summarize the proposed Settlement. More details are available in the Settlement Agreement and other court documents, which you can view on the Important Documents page, or all papers filed in this action are available online for review via the Public Access to Court Electronic Resources System (PACER) at https://pacer.uscourts.gov.

    If you have further questions, you can contact KMA’s Claims Administrator via email at info@kiaenginesettlement.com, by phone at 1-855-951-0807 (Toll-Free), or write to them at Kia Claims Administrator, c/o Epiq, P.O. Box 3145, Portland, OR 97208-3145. You can also contact KMA at 1-888-952-4827 (Toll-Free) or contact Class Counsel as listed in FAQ 17.

    Neither Defendants nor the Class Representatives make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have.

    Other than a request to review the Court’s files at the Clerk of the Court’s Office, please do not contact the Clerk of the Court or the Judge with questions.

    Back To Top