Sign up for the case here: Kia Hyundai Opt Out Litigation

The Kia/Hyundai Vehicle Theft class action alleges that the two automakers failed to equip certain model year 2011–2022 Kia and 2008–2022 Hyundai vehicles (certain vehicles that require the use of a traditional key to start the vehicle) with an engine immobilizer, which leaves such vehicles highly vulnerable to theft.  You can see a list of the cars involved in the lawsuit (“Class Vehicles”) at the bottom of this page. The vehicle security defect allows car thieves to steal affected vehicles by simply opening the steering column and using a common USB charging cord or similar metal object to start the engine.  This vulnerability went viral on TikTok and YouTube and became widely known to potential thieves and resulted in a number of thefts and attempted thefts.  As a result, numerous Kia and Hyundai vehicle owners and lessees sued the vehicle manufacturers to recover damages and losses they suffered due to their Class Vehicle having been stolen or the subject of an attempted theft using this now-infamously popular method.  

Recently, a United States District Court in California granted preliminary approval of a class-wide settlement between a class of consumer plaintiffs and Kia and Hyundai over these alleged defects.  You can read the settlement agreement here: Amended Settlement Agreement – KIA. For complete information about the proposed settlement, please visit the settlement website. 

The Class Action Settlement will provide compensation and reimbursement to Class members for specific types of damages and losses suffered as a result of the security defect (subject to individualized proof), but the Class Action Settlement does not provide monetary compensation and reimbursement to class members whose Class Vehicle has not been stolen or the subject of an attempted theft, but who have nevertheless paid increased insurance premiums due to the existence of the security defect.

If you lease(d) or own(ed) a Class Vehicle and live in the United States (including Puerto Rico, Virgin Islands, and Guam), you will be bound by the terms of the Class Settlement regardless of whether your Class Vehicle has ever been stolen or the subject of an attempted theft.   

This means that if you have been (or suspect that you have been) paying higher rates for your car insurance because you own or lease a Class Vehicle, but your Class Vehicle has never been stolen or the subject of an attempted theft, you will not be able to recover the value of those increased insurance payments unless you timely opt out of the Class Settlement.

If your Class Vehicle has never been stolen or the subject of an attempted theft and you do not opt-out of the Class Settlement, you will only be eligible to receive monetary reimbursement (subject to submission and approval of your claim) up to: (1) $250 for lost income or childcare expenses for time spent getting the software upgrade6; (2) $350 for the purchase of key fobs (limit of two per Class Vehicle) if key fobs were purchased at the direction of Hyundai/Kia dealers as required for the implementation of the software upgrade; (3) $50 per Class Vehicle for the purchase of a steering wheel lock or equivalent device if that purchase was made at least thirty days before the software upgrade was available for your vehicle; (4) $300 per vehicle for purchase and/or installation of a steering wheel lock, glass breakage alarm or similar anti-theft system, or another aftermarket modification designed to deter or prevent theft if you owned or leased a Class Vehicle that is not eligible for the Software Upgrade; and (5) $250 per vehicle for purchase and installation of a glass breakage alarm or similar anti-theft system, or another aftermarket modification designed to deter or prevent theft if you already received a steering wheel lock from Hyundai or Kia (for example, shipped directly, from a dealership, or through law enforcement).

If you opt out of the Class Settlement, and in addition to not giving up your right to seek compensation and reimbursement for your increased insurance premiums, you can also still receive the software upgrade that is designed to prevent “Software Eligible Class Vehicles” that were locked using a key fob from starting without the key being present in the vehicle.  Kia and Hyundai acknowledge that installation of the software upgrade does not guarantee that any Class Vehicle will not be subject to theft or attempted theft.

Class Vehicles:

 

Hyundai	Kia
2011-2022 Accent	2011-2021 Forte
2011-2022 Elantra	2021-2022 K5
2013-2020 Elantra GT	2011-2020 Optima
2013-2014 Elantra Coupe	2011-2021 Rio
2011-2012 Elantra Touring	2011-2021 Sedona
2011-2014 Genesis Coupe	2021-2022 Seltos
2018-2022 Kona	2011-2022 Soul
2020-2021 Palisade	2011-2022 Sorento
2011-2022 Santa Fe	2011-2022 Sportage
2019 Santa Fe XL
2011-2019 Sonata
2011-2022 Tucson
2012-2017, 2019-2021 Veloster
2020-2021 Venue
2011-2012 Veracruz