Kia K5 and Hyundai Sonata Expanding Gas Tank: Can You File a Lawsuit?

There have been increasing reports of fuel tanks in certain Kia K5 and Hyundai Sonata vehicles expanding or swelling.

This issue has raised significant concerns among owners and lessees, particularly for models from 2021 to 2024.

The problem appears to stem from a defect in the fuel tank valve, which can cause the tank to deform. Symptoms of this issue include the back seats popping up, loud banging noises, and rough driving.

Attorneys for classaction.org are currently investigating these reports to determine whether a class action lawsuit can be filed.

If successful, such a lawsuit could help affected drivers recover costs for repairs and loss of vehicle value, and potentially force a recall of the affected vehicles.

If you own or lease a 2021-2024 Kia K5 or Hyundai Sonata and have experienced issues with your fuel tank, you may be able to participate in this investigation.

What Causes the Kia and Hyundai Fuel Tank Issue?

The fuel tank problem affecting Kia K5 and Hyundai Sonata vehicles stems from a defect in the Positive Crankcase Ventilation (PCV) valve.

This valve is designed to control the flow of pressurized air into the fuel tank. When it malfunctions, it can allow too much pressurized air to enter the tank, leading to swelling or expansion.

The National Highway Traffic Safety Administration (NHTSA) is investigating reports of this issue. Should their investigation reveal widespread safety concern, a formal recall could be issued.

In the interim, Kia has launched a voluntary service campaign, starting in April or May 2024, for select 2021 to 2024 Kia K5 models equipped with the Gamma II 1.6L T-GDI engine.

Which Vehicles Experience Gas Tank Swelling?

Gas tank swelling can cause several noticeable issues, including:

• The rear seats may lift due to the pressure from the expanding tank
• Loud banging sounds as the tank deforms
• Uneven driving and decreased fuel capacity

Kia has recognized this issue and has launched a voluntary service campaign to address the problem in affected models.

Conversely, Hyundai’s response has been less defined, and investigations are still underway to assess the full scope of the problem and possible solutions.

Is there a Kia K5 Gas Tank Recall?

Currently, there is no official recall for the Kia K5 gas tank issue. However, Kia has released a Technical Service Bulletin (TSB) to address the problem.

This bulletin outlines the diagnostic process, including checking for tank deformation and, if necessary, replacing the PCV valve.

This service is generally provided at no cost to the vehicle owner, as it is covered under the vehicle’s warranty.

If you are experiencing fuel tank issues with your Kia K5, we highly recommend contacting your local Kia dealership to determine if your vehicle falls under the TSB coverage.

They can perform the necessary repairs and ensure your vehicle remains safe to drive.

What’s the Solution for the Kia K5 Fuel Tank Problem?

Although a complete solution for the Kia K5 fuel tank problem may not yet be available, Kia has introduced a partial remedy through the voluntary service campaign.

This initiative includes a software update for the electronic control module (ECM) and, if needed, the replacement of the fuel tank and/or the Purge Control Solenoid Valve (PCSV) check valve.

Affected vehicle owners are encouraged to visit a Kia dealership, where technicians will inspect the fuel evaporative system. Any necessary repairs will be carried out at no cost to the owner.

Is there a Hyundai Sonata Gas Tank Recall?

No, currently there is no official recall for the Hyundai Sonata gas tank issue. Unlike Kia, Hyundai has not released a Technical Service Bulletin (TSB) to address this problem.

Consequently, there are no established guidelines or service campaigns for dealerships to inspect or repair the affected fuel tanks in Hyundai Sonata vehicles.

Legal Options for Affected Kia K5 and Hyundai Sonata Owners

If you own a Kia K5 or Hyundai Sonata and are dealing with fuel tank problems, you have several legal avenues to explore:

• Class Action Lawsuit: Legal professionals are examining the potential for a class action lawsuit on behalf of Kia K5 and Hyundai Sonata owners affected by fuel tank issues. A successful class action could help recover costs related to repairs, vehicle damage, and diminished vehicle value. It might also prompt a recall of the affected models.

• Individual Lemon Law Lawsuit: For those who prefer a more personal approach, filing an individual lawsuit against Kia or Hyundai is an option. This route allows you to pursue compensation tailored to your specific damages and losses. Consulting with an attorney who specializes in automotive defects or lemon law can provide you with insights into the viability of your case and the possible outcomes.

• Reporting to Regulatory Authorities: You can report the fuel tank problem to regulatory bodies such as the National Highway Traffic Safety Administration (NHTSA). Reporting the issue can increase scrutiny and potentially lead to a formal investigation or recall. Complaints can be filed directly on the NHTSA’s website.

• Contacting the Manufacturer: Reaching out directly to Kia or Hyundai may result in a resolution. The manufacturers might cover repair costs or offer other forms of compensation, particularly if the issue is widespread and not yet officially addressed.

If your Kia K5 or Hyundai Sonata has recurring fuel tank problems, you may be eligible for legal recourse under your state’s lemon law.

This law is designed to protect consumers who purchase or lease new vehicles that fail to meet quality and performance standards.

If your vehicle has needed multiple repairs for the same fuel tank issue, you might qualify for compensation or a refund under this law.

Consulting with a lemon law attorney can help you assess your case and determine the best course of action to seek relief for the ongoing issues with your vehicle.

Affected Vehicle	Average Lemon Law Settlement
Hyundai Sonata	$51,586
Kia K5	$48,216

*Please note, the figures presented in the chart are approximations based on results from previous cases and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.

If you are considering pursuing legal options for issues with your Kia K5 or Hyundai Sonata, be sure to compile all relevant documentation.

This includes repair invoices, communication with the manufacturer, and any other evidence related to the problem.

Work with the Lemon Law Experts on Your Journey to Justice!

If you’re facing issues with your Kia K5 or Hyundai Sonata and have been unable to resolve them through your dealership or the manufacturer, seeking legal help could be your next step.

An experienced lemon law attorney can assist you in pursuing a refund, replacement vehicle or cash compensation as a result of the problems experienced with the lemon vehicle.

For owners of defective vehicles, the Lemon Law Experts are here to guide you through your legal options.

Since 2009, our team has been dedicated to providing effective legal solutions for a wide range of automotive issues.

We have a proven history of successfully handling lemon law cases for various car manufacturers, including Kia and Hyundai.

Contact the Lemon Law Experts to learn more about how we can help you address the problems with your Kia K5 or Hyundai Sonata today.