GRAND RAPIDS, Mich. — After numerous KIA and Hyundai vehicles were stolen across West Michigan and nationwide, car owners are filing class action lawsuits against the car manufacturers.
Police say the thieves, a majority of them juveniles, are targeting 2012 to 2022 Kia Sportage and Optima vehicles, plus Hyundai vehicles with a standard key ignition.
After getting into the car with or without force, they dismantle the steering column and override the ignition system, then drive away. They then take the vehicles on joy rides or to commit more serious crimes.
Originally, Laurence Harrington from the Philadelphia-based Harrington Firm and Melissa Payne from Payne Law, LLC near Cleveland, were going to have this be an Ohio lawsuit, but because the cars have, according to them, a 'defective design,' they're expanding their suit to include KIA and Hyundai owners from around the country, including Michigan.
"It's a very big problem for KIA and Hyundai," said Harrington.
The suit, filed on Aug. 11 in the Northern District of Ohio, alleges the car manufacturers designed the cars in a defective way, making them unsafe and easy to steal, and failed to disclose the problem to its customers.
"The industry standard is to have an immobilizer device in cars. That has been the standard for years and years and years. Hyundai and KIA decided to save a buck by getting rid of the immobilizer device in 2011."
They're seeking monetary damages, as well as hoping KIA and Hyundai will update the cars with an immobilizer device or anti-theft device.
"Since we've filed the original lawsuit, we've had 2,500 people who've signed the intake form," said Harrington.
Mark Dotson, a professor at Cooley Law School, doesn't believe this case will go to trial.
"There will be a response as it was with the GM ignition case and other cases involving cars, airbags, etc.," said Dotson. "There will be a fix. There won't be any lawsuits unless somebody suffers an injury from a car being stolen."
Dotson says a fix could be updating the vehicles with an immobilizer device and then eventually giving people their money back.
Harrington says you only have to own a 'defective' vehicle to file the lawsuit.
"As this continues and as it spreads from state to state, I think the lawsuit is going to grow bigger and bigger," he said.
KIA and Hyundai released a new statement Tuesday, Aug. 23 saying they're providing wheel lock devices at no cost to law enforcement in affected areas to deter vandalism and theft.
Additionally, starting on Oct. 1, Hyundai will provide a Firstech-Compustar security kit for purchase and installation at dealerships and Compustar-authorized installers.
The kit supposedly targets the method of entry thieves are using to access these vehicles.
KIA's full statement:
Kia America remains concerned about the increase in auto thefts of a subset of Kia vehicles. It is unfortunate that criminals are using social media to target vehicles without engine immobilizers in a coordinated effort. All of our vehicles meet or exceed Federal Motor Vehicle Safety Standards. While no car can be made theft-proof, criminals are seeking vehicles solely equipped with a steel key and “turn-to-start” ignition system. The majority of Kia vehicles in the United States are equipped with a key fob and “push-button-to-start” system, making them more difficult to steal. All 2022 Kia models and trims have an immobilizer applied either at the beginning of the model year or as a running change. Kia America has provided steering wheel lock devices at no cost to law enforcement in affected areas to deter vandalism and theft. That effort will continue in close coordination with local police departments for distribution to concerned owners of Kia vehicles not originally equipped with an immobilizer. Kia customers with questions regarding their specific vehicle should contact the Consumer Assistance center directly at 1-800-333-4542(4Kia).
Hyundai's full statement:
Hyundai Motor America is concerned about the recent rise in auto thefts of certain Hyundai model vehicles. While all of our vehicles meet or exceed Federal Motor Vehicle Safety Standards, unfortunately, our vehicles have been targeted in a coordinated effort on social media. Criminals are targeting our vehicles without engine immobilizers. Immobilizers became standard on all vehicles produced after November 1, 2021.
In order to assist customers with earlier model year vehicles without an immobilizer, Hyundai has been working with and will continue to support local police departments to make steering wheel locks available for affected Hyundai owners. Additionally, Hyundai has identified a Firstech / Compustar security kit that targets the method of entry thieves are using to access these vehicles.
Beginning October 1, 2022, this security kit will be available for purchase and installation at Hyundai dealerships and Compustar authorized installers across the country. Hyundai will provide additional details soon, and customers who have questions can always contact the Hyundai Consumer Assistance Center at 800-633-5151.
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