Kia, Hyundai class action lawsuit says vehicles lack engine immobilizer to prevent theft

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Kia lawsuit overview:

• Who: Plaintiff Mary Horne has filed a class action lawsuit against Kia America Inc. and Hyundai Motor America Inc.
• Why: Kia and Hyundai vehicles are allegedly not equipped with engine immobilizers, leaving them vulnerable to theft.
• Where: The Kia lawsuit was filed in Georgia federal court.

Kia and Hyundai vehicles have a significant defect in which they do not have a theft-preventing engine immobilizer, according to a recent class action lawsuit.

Plaintiff Mary Horne explains in the Kia lawsuit that an engine immobilizer prevents the theft of unattended vehicles. It works by transmitting a code to the vehicle when a key is inserted or if the vehicle’s key fob is inside the vehicle.

Horne alleges that it is common knowledge that the vehicles lack an engine immobilizer and as a result theft of Kia and Hyundai vehicles has increased significantly across the country.

Kia lawsuit says Kia and Hyundai vehicles do not comply with federal safety regulations

Federal Motor Vehicle Safety Standard 114 requires a vehicle’s engine to be started only when the key is present, the Kia lawsuit explains. Therefore, when a key is removed from a vehicle, its starting system must prevent the normal activation of the engine or motor, and prevent steering or forward self-mobility of the vehicle.

Horne says Kia and Hyundai vehicles do not comply with this law because the engine can be activated when the key is not present, and removal of the key allegedly does not prevent steering or forward movement of the vehicle.

“If Defendant’s vehicles were manufactured to comply with FMVSS 114, then Defendants’ vehicles would not be stolen at such alarming rates because when the key is removed from the starting system, both steering and forward self-mobility would be prevented,” the Kia lawsuit says.

Kia and Hyundai knew that their vehicles were defective and did not comply with FMVSS 114, according to the Kia lawsuit. Despite this knowledge, the automakers failed to disclose the defect to consumers.

Kia and Hyundai have not provided a solution for people with vehicles that lack engine immobilizers, plaintiff says

Horne notes that Kia and Hyundai have responded to the significant rise in vehicle thefts by installing engine immobilizers in their new vehicles, but she says the automakers have not provided a solution for the thousands of Kia and Hyundai owners whose vehicles are not equipped with engine immobilizers.

The Kia class action lawsuit asserts claims for breach of warranty, negligent failure to warn, design defect, and unjust enrichment.

Horne filed the Kia class action lawsuit on behalf of proposed classes of U.S. and Georgia residents who purchased or leased a Kia or Hyundai vehicle that did not include an engine immobilizer.

What do you think about the Kia lawsuit allegations that Hyundai and Kia vehicles do not have engine immobilizers? Join the discussion in the comments!

Horne is represented by Cale Conley of Conley Griggs Partin LLP and Timothy J. Becker, Jacob R. Rusch, and Zackary S. Kaylor of Johnson Becker PLLC.

The Kia Class Action Lawsuit is Mary Horne v. Kia America Inc., et al., Case No. 1:22-cv-04062-SEG, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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