Certain Kia, Hyundai Vehicles Made Without Immobilizers Class Action

This class action bring suit against Kia America, Inc. and Hyundai Motor America, alleging that a number of their vehicles share a simple defect: They do not have what is known as an engine immobilizer. Immobilizers help prevent vehicle theft, and the vehicles that were made without one, the complaint alleges, are easily stolen.

The class for this action is all persons who, within the applicable statute of limitations period, bought or leased a vehicle made by Kia America or Hyundai Motor America without an engine immobilizer. A Minnesota class has also been defined for those in the above class in Minnesota.

The complaint does not provide a list of affected vehicles, but it mentions the Hyundai Tucson and Santa Fe and the Kia Sportage and Sorrento.

The complaint alleges that the vehicles at issue do not comply with Federal Motor Vehicle Safety Standard 114, which it summarizes this way: “Each vehicle must have a starting system which, whenever the key is removed from the starting system prevents: (a) the normal activation of the vehicle’s engine or motor; and (b) either steering, or forward self-mobility, of the vehicle, or both.”

This immobilizer is designed to prevent two things, the complaint alleges: the theft of the vehicle and vehicle rollaway. The complaint alleges, “An engine immobilizer works by transmitting a code to the vehicle when the key is inserted in the ignition switch or a key fob is inside the vehicle.”

As it has become increasingly common knowledge that the Kia and Hyundai vehicles lack this system, the complaint says, thefts of these vehicles have increased enormously throughout the country. The complaint alleges, “In St. Paul, Minnesota, thefts of Kia vehicles have increased 1300% while thefts of Hyundai vehicles have increased 564%.”

The complaint quotes a car-repair facility owner as stating in a newspaper article, “Kia thieves know they can break the back window without setting off an alarm, unlock the door, quickly peel back the steering column, and either use a screwdriver or a USB port to crank the car and go.”

The 2019 Kia Sorrento owned by the plaintiff in this class action, LaShaun Johnson, was stolen in August 2022. When he recovered it, the complaint alleges, he found that the “thieves [had] smashed out the driver side window of the vehicle, significantly damaged the driver side door, damaged the hood of the vehicle and scratched the vehicle considerably.” The vehicle will not be fixed for months, the complaint alleges, because the repair facility does not have the necessary parts.

Because of the volume of thefts, the complaint alleges, spokespersons for the companies have said that “every new Hyundai now has standard engine immobilizers, and that all 2022 Kias across the lineup will also have the engine immobilizer fitted as standard equipment.” However, the complaint claims that this does nothing to help the thousands of people who have leased or bought the Hyundai and Kia vehicles that were produced without immobilizers.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Automobile, Immobilizer