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Kia is attempting to trim claims from a class action lawsuit alleging vermin are attracted to the vehicles’ soy-based wiring, but Kia owners are arguing against the cuts.
Plaintiff Tsvetelin Tsonev alleges in his class action lawsuit that rodents are attracted to and chew wiring in Kia cars because the company uses soy in production.
Kia moved to trim the claims arguing that the plaintiff had missed crucial deadlines for identifying experts and conducting tests.
According to Tsonev, the claims should not be trimmed because the court never approved the proposed deadlines that Kia says were missed.
“In sum, Kia’s motion is a calculated attempt to prejudice plaintiff based upon material omissions and should be summarily denied,” asserted the plaintiff. “The court should not countenance (much less reward) Kia’s unseemly gamesmanship.”
Kia also complains that the Kia owner is not responding to requests for discovery in a timely manner, but the plaintiff contends that the delays were caused by Kia’s own actions. Tsonev claims in his motion opposing the cuts that Kia was also deficient in response to his requests for discovery. The plaintiff says that he made requests, but did not receive a response from Kia until four months later.
“[I]n a rather clumsy attempt to litigate what amounts to a motion to compel without following the proper procedure to do so, Kia tellingly ignores, or misleadingly glosses, over its own discovery conduct,” argues the plaintiff in his motion.
The Kia class action lawsuit alleges that Tsonev’s 2015 Kia Soul was attacked by rodents on three different occasions. Each time, says the plaintiff, he had to bring his vehicle in for repairs to no avail – the wiring was simply replaced with more soy-based wiring equally delicious to roving rodents. Tsonev alleges that Kia is turning the defect into a “profit center.”
Further, says the plaintiff, if the soy-based wiring is damaged by rodents, it could render the affected Kias unsafe by disabling airbags and causing steering and engine problems.
“Defendant is aware of the defect, but has actively concealed and failed to disclose the defect, both prior to and after the time of purchase or lease,” alleges the Kia class action lawsuit. “Further, when presented with an opportunity to repair a class vehicle, Kia (through its agent authorized dealers) denies the existence of the defect, refuses to cover the necessary repairs under the warranty and merely removes the damaged soy-based parts and installs identically defective soy based parts — while charging members of the class thousands of dollars for these ‘repairs.’”
The plaintiff seeks to represent a Class of current and former Kia owners and lessees of 2012 Kia Souls, Sorrentos, Sedonas, Sportages, Fortes, Cadenzas, Optimas and Rios with soy-based wiring that attracts rodents and other vermin.
Tsonev is represented by Kolin C. Tang and James C. Shah of Shepherd Finkelman Miller & Shah LLP, Jeffrey Goldenberg of Goldenberg Schneider LPA, and Robert W. Murphy.
The Kia Soy-Based Wiring Class Action Lawsuit is Tsvetelin Tsonev v. Kia Motors America Inc., Case No. 8:16-cv-01020, in the U.S. District Court for the Central District of California.
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24 thoughts onDrivers Say Wiring Claims Shouldn’t Be Cut in Kia Class Action
I just got charged $519.07 rodent damage found on wire harness. Repaired wire harness connected to coil packs issue resolved”. Not!! Picked up the car, it was misfiring. They assumed the chewed up wired were the culprit. They didn’t even check the coil. Matter of fact they must not have driven it after the “repair”. Is the lawsuit still open?
2021 Sportage with 22,000 miles in shop told yesterday rodent damage and it is not covered under warranty. Costing me 152.00 just for them to see where the shortage is. I’m waiting on a call regarding the cost of repairs now. I have asked for pictures of rodent damage plus what codes the KIA threw when they put it on the machine.
I would really rely like to know why nothing is being done about this situation? I bought my car 2 years ago and if I could afford to trade it on I would in a second. Shortly after buying the car I noticed tiny bite marks on my arms didn’t think much of it but then started getting them on my legs., back groin, buttocks . Took it back to Kia the said a mouse was inside my ac unit but they are full of crap. They didn’t fix the issue I still have stuff blowing through my vents and in October had to shave all my hair off because of in infection. I have all documentation of the dermatologist that I went to when this all started plus pictures . To top it off yesterday I had to go to a ear, nose and throat doctor I wonder what there results are going to show. They set me up for a tc scan . Please do something about this .
My 2021 Sorento is currently at.the dealer for the same issue. When I started my car to leave for work my dashboard lit up like a Christmas tree. I called the dealership and they wanted me to bring it in. I told them it will be towed in because the electronic brake, engine, start off, traction control and drive train lights were all illuminated. It sat there 4 days before anyone looked at it. They also told me it would take 24-48 hours to run diagnostics on the vehicle despite the fact that my kia app had already displayed 2 of the codes. They finally contacted me to say there was extensive damage to the wiring harness underneath the hood and dash and that it would not be covered under warranty or the umbrella policy that was purchased when I bought the car new 2 years prior. Total cost of the repair totaled $6000. I also was not able to receive a loaner from them since it was not covered by warranty.
I have a 2016 Kia Sorrento bought it brand new… Same here rats came in and chewed my wire harness both my wire harnesses cost over $5000 for repairs I had to file a claim with my insurance is kia wouldn’t cover under warranty. in 2020 rats chewed wiring in the back of my van and again I had to file a claim… This is just ridiculous
2019 Kia Forte, just had it a year and a half. Rodents chewed my wires stopping my wipers from working. Not covered by warranty. I am shocked at what I’m reading as the mechanic said nothing about soy based anything, he said it happens sometimes and talked about the warmth of the car when I pull into the driveway. Cost me 285.06 to fix. Spoke to Kia Canada and they said it wasn’t a manufacturing defect. From what I am reading Kia is not going to protect us from this, and won’t cover it under our warranty. This very well may be my last Kia ever, and too bad too because it was my first. MY first new car ever.
The mice chewed my 2006 Kia Sportage wires and I had to pay out my pocket, My Kia rotten out so bad on the underside its not safe to drive. I also had the rear wheel hub freeze up so bad that we had a hell of a time getting it off. After getting it back together starting it up oil flew out from the underside. I will never buy another Kia it’s sitting in my garage for years taking up a parking spot.
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I have a 2018 Kia Forte, the air bag light wouldn’t go off, then I had no cold air conditioning. Today I took it to Kia and was told that I had Rodent damage to the wiring harness. The diagnosis cost me $146. Was told it would cost an additional $500 in parts and labor that I can’t afford!
So what do I do now? Am I victim to rodents eating soy wiring too?
A rodent ate the wiring on my kia forte. I am spending $500 to have it fixed. Is there still a class action lawsuit?
I I have a 2016 Kia Soul seatbelts did not buckle the airbag did not deploy I was involved in a accident yesterday going apx 35 miles per hour. To add to that I had a wild boar dash in Front if my vehicle and the air bag did not deploy