NHTSA Defect Petition: Loss of Motive Power in Hyundai Elantra (DP22-003)

DP22-003 at a glance

What is NHTSA investigating in the Hyundai Elantra?

From NHTSA’s investigation summary:

The National Highway Traffic Safety Administration (NHTSA) received a letter dated July 13, 2022, petitioning the Agency to initiate a safety defect investigation into loss of motive power allegations attributed to oil drain pan assembly failures on certain Hyundai Motor America, Inc. and Kia America, Inc. vehicles spanning Model Years (MY) 2005-2021.

The Petitioners cited examples of complaints indicating that the subject vehicles were experiencing rapid loss of engine oil due to oil drain plug back outs, resulting in loss of motive power and/or catastrophic engine damage.

Additional complaints were provided which alleged that the oil drain pans lack sufficient structural integrity and are susceptible to cracking.

The petition itself can be reviewed at NHTSA.gov under ODI number 11481745.

On September 12, 2022, the Office of Defects Investigation (ODI) opened Defect Petition (DP22-003) to evaluate the Petitioners' request.

The Petitioners have provided additional complaints within four supplemental letters dated January 31, 2023, March 21, 2023, May 23, 2023, and August 4, 2023.

ODI's evaluation included the review and analysis of the complaints and supporting information submitted by the Petitioners, as well as additional complaints submitted directly to NHTSA which referenced either the oil drain plug or a crack in the oil pan.

After reviewing the available data, ODI has not identified evidence that would support opening a defect investigation into the oil drain pan assemblies of the subject vehicles.

Based on a review of the available information, a loss of motive power resulting from an oil drain plug back out has not occurred between the initial sale of a vehicle and the completion of its first oil change.

If during an oil change service, a technician fails to remove the existing drain plug gasket before installing a new gasket, it is likely that a proper seal between the drain plug and the oil pan will not be made.

An improper seal between the drain plug and oil pan could lead to the backing out on the drain plug, resulting in the sudden loss of oil while driving.

Additionally, the provided examples of oil pan cracks were localized to the immediate vicinity of the oil drain plug and/or appeared to be the result of direct-contact with a tool during servicing.

There is no information to support that a vehicle-based defect exists relating to the oil pan assembly, and instead the documented incidents are related to the failure to follow the proper maintenance procedures during oil change service.

In October 2023, Hyundai published a Technical Service Bulletin (TSB) that provided detailed instructions for oil change service on its gasoline powered vehicles, specifically highlighting the need to remove and replace the existing drain plug gasket prior to reinstalling the drain plug.

After a thorough review of the material submitted by the petitioner, the information already in NHTSA's possession, and the potential risks to motor vehicle safety implicated by the petitioners' allegations, NHTSA does not believe that a formal investigation is warranted.

Therefore, the petition is denied.

A Federal Register Notice (FRN) further detailing NHTSA's reasons for denial of the petition will be published.

The reference numbers for the complaints to NHTSA cited by the petitioner can be found in the petition submission documents in the public file for DP22-003.

To review those complaints and the additional complaints ODI added to its evaluation which are cited in the Closing Resume ODI Report Identification Number document, go to NHTSA.gov.

What is a defect petition review?

Defect Petition is a review of a petition, usually filed by an owner, asking NHTSA to open a defect investigation. NHTSA decides whether to grant or deny it.

Did this investigation lead to a recall?

NHTSA closed this investigation on December 12, 2023 without listing a recall. That can mean NHTSA did not find a safety defect it could prove, or that the manufacturer addressed the issue another way. A closed investigation does not mean owners have no lemon law claim if the problem keeps happening.

Which vehicles are part of this investigation?

What are Hyundai Elantra owners reporting to NHTSA?

NHTSA’s public database lists 1,320 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.

What should owners do?

1. Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
2. If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
3. Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
4. File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
5. If the problem keeps coming back, talk to a lemon law attorney.

Recalls on the same vehicles

• 2024-2026 Hyundai Kona Seat Belt Buckle Recall (26V452)
• 2025-2026 Hyundai Tucson Instrument Cluster Recall (26V400)
• 2025-2026 Hyundai Santa Cruz Automatic Emergency Braking Recall (26V316)
• 2026 Hyundai Elantra Side Impact Recall (26V254)
• 2023-2025 Hyundai Ioniq 6 Seat Belt Anchor Recall (26V218)
• 2026 Hyundai Kona Steering Arm Recall (26V069)
• 2025 Kia K4 Instrument Cluster Recall (26V046)
• 2025-2026 Hyundai Tucson Hybrid Instrument Cluster Recall (26V047)
• 2022-2024 Hyundai Tucson Trailer Hitch Recall (25V893)
• 2024-2025 Kia Sportage Trailer Hitch Recall (25V874)

Can a recall or defect investigation make my car a lemon in California?

Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.

Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).

An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

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