Hyundai / Kia Car Theft Defect Lawsuit & Settlement FAQ

Frequently Asked Questions

Hagens Berman is here to provide you with information about the Hyundai/Kia Vehicle Car Theft Defect Litigation and what you can expect now that the court has granted preliminary approval of the revised settlement agreement. View answers to frequently asked questions below.

What’s happening now?

We are pleased to inform you that a federal judge has granted preliminary approval to a revised settlement agreement. Download the order »

Am I included in the settlement as a class member?

Class members include any person who purchased or leased certain model year 2011-2022 Hyundai or Kia vehicles in the U.S. or its territories with traditional turn-key ignition systems that were manufactured without an engine immobilizer.

What will happen next?

Owners and lessors of class vehicles can expect to receive notice no later than March 4, 2024. Notice will go out by mail, email (where Hyundai/Kia have an email address for the class member), press release and be posted to the settlement website.
During the notice period, class members will be able to make settlement claims through U.S. mail, email and the settlement website.
Last, the court will hold a final approval hearing on July 15, 2024. Settlement payments will be issued if and when the court grants final approval to the settlement.

ABOUT THE CASE

What is the case about?

This class-action lawsuit alleges Hyundai and Kia failed to equip certain model year 2008-2022 Hyundai and 2011-2022 Kia vehicles with an engine immobilizer, making them vulnerable to theft, and often leaving owners with hefty repair bills following car thefts. The security vulnerability allows 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.

Viral videos on TikTok and YouTube give step-by-step instructions on how to steal the affected vehicles without a key, and as a result, reports of stolen Kia and Hyundai vehicles skyrocketed across the country. Some U.S. cities reported, in May 2020, that more than 60% of their auto thefts involved Hyundais or Kias.

What Hyundai and Kia vehicles are affected?

Hyundai:

2011-2022 Accent
2011-2022 Elantra
2013-2020 Elantra GT
2013-2014 Elantra Coupe
2011-2012 Elantra Touring
2011-2014 Genesis Coupe
2018-2022 Kona
2020-2021 Palisade
2011-2022 Santa Fe
2013-2018 Santa Fe Sport
2019 Santa Fe XL
2011-2019 Sonata
2011-2022 Tucson
2012-2017, 2019-2021 Veloster
2020-2021 Venue
2011-2012 Veracruz

Kia:

2011-2021 Forte
2021-2022 K5
2011-2020 Optima
2011-2021 Rio
2011-2021 Sedona
2021-2022 Seltos
2011-2022 Soul
2011-2022 Sorento
2011-2022 Sportage

What is a class-action lawsuit?

A class-action lawsuit is a civil lawsuit brought on behalf of a group or “class” of people who have been harmed or wronged as a result of the defendants’ alleged conduct, with at least one individual or entity acting as a representative of that group. While the issues in a class action can vary, the issues in dispute are common to all class members.

Each vehicle owner could have sued Hyundai and Kia individually. Why a class-action lawsuit?

It is often more practical for the plaintiff, the court and the defendants to join the individual actions into one lawsuit. Most people don’t have the time or resources to engage in costly individual litigation against well-resourced corporate opponents, and a class-action lawsuit allows many people suffering from the same issue to join forces and pursue justice without having to shoulder the cost or the risks associated with individual litigation. Class-action lawsuits are a time-tested method for holding automakers and other big business accountable for alleged negligence, fraud and other wrongdoing.

If I participate in the class action, can I still sue Hyundai and Kia on my own?

If you do not “opt-out” or exclude yourself from the class settlement, then you will not be able to sue Hyundai and Kia for the same claims that were resolved in the class action. However, if you choose to opt out of the class, then you will retain those rights and can sue Hyundai or Kia on your own.

Do I have to pay to participate in the lawsuit?

No, the individuals named in a class-action complaint are plaintiffs (often referred to as class representatives) who brought the case on behalf of all similarly situated people. All owners and lessees of affected Hyundai and Kia vehicles will be eligible to receive settlement benefits if and when the court grants final approval of the class action settlement.

Do I have to be a named plaintiff in the complaint to receive settlement benefits?

No, the individuals named in class-action complaints are plaintiffs (often referred to as class representatives) bringing the case on behalf of all similarly situated people, and all owners and lessees of affected Hyundai and Kia vehicles will be eligible to receive settlement benefits if and when the court approves the proposed settlement.

Is the lawsuit over?

Hagens Berman brought a nationwide class-action lawsuit on behalf of the owners of affected vehicles in August 2022 and reached a proposed settlement valued at more than $200 million with Hyundai and Kia in May 2023. On October 31, 2023, the court granted preliminary approval of the revised settlement agreement. This means class members can expect to receive notice from the appointed settlement administrators, Angeion Group, no later than March 4, 2024 and may file claims during this notice period. If and when the court grants final approval of the revised settlement agreement, class members will begin receiving payments. The court will hold a final approval hearing on July 15, 2024

ABOUT THE SETTLEMENT

On Oct. 31, 2023, the court granted preliminary approval of the revised settlement agreement with Hyundai and Kia. Settlement notice will go out to class members no later than March 4, 2024, and class members will be able to make claims during this period. If and when the court grants final approval of the revised settlement, payments to class members can begin. The court will hold a final approval hearing on July 15, 2024.

Is the settlement final?

No. The court has granted preliminarily approval of the revised settlement agreement, and if and when it grants final approval, payments to class members can begin.

What benefits have Hyundai and Kia agreed to provide vehicle owners through the proposed settlement?

The revised settlement provides various categories of relief, estimated to value up to $145 million or more in cash relief to class members. This relief includes the following:

Compensation for Out-of-Pocket Losses. Class members may seek compensation from a settlement fund of up to $145 million for a range of out-of-pocket costs arising from the theft or attempted theft of an affected vehicle that were not otherwise covered by insurance. For the total loss of a vehicle, class members may be paid up to 60% of the Black Book value of the vehicle plus licensing fees, sales tax paid, registration fees, and other expenses directly associated with the purchase of a new or replacement vehicle. For vehicle damage and stolen property due to an attempted theft, class members may be paid up to 33% of the Black Book value of the vehicle or $3,375, whichever is greater, per theft or attempted theft incident. Insurance deductibles paid and increased premiums are eligible for reimbursement up to $375 per claim, and certain other expenses are eligible for reimbursement up to $250 per claim, including transportation and towing costs, and tickets or other penalties or fines incurred. Class members are also eligible for reimbursement of lost income and child care costs associated with obtaining the software upgrade up to $250 per vehicle, and reimbursement for the purchase of replacement key fobs necessary to implement the software upgrade up to $350 per fob.
Software Upgrades. At no cost, owners and lessees of certain affected vehicles are eligible for a software upgrade to effectively address the lack of an immobilizer. The software is designed to prevent these vehicles from starting without the key being present, which plaintiffs’ expert testimony confirms will resolve the security defect in most of the impacted vehicles. Class members with vehicles eligible for the software upgrade may also seek reimbursement up to $50 per claim for certain purchases of steering wheel locks.
Payments in Lieu of Software Upgrades. Owners and lessees of certain affected vehicles that are ineligible for the software upgrade can seek reimbursement up to $300 per claim for the purchase and installation of steering wheel locks, a glass breakage alarm or anti-theft system and other aftermarket modifications designed to deter or prevent theft.

When will the court grant final approval of the revised settlement?

The court will hold a final approval hearing on July 15, 2024. Payment of approved settlement claims will not go out until the court grants final approval of the settlement, which, at earliest, would happen following the final approval hearing.

Although the timeline of this case is typical of other auto class settlements, we realize many class members need the settlement’s relief as soon as possible. We are moving things along as quickly as feasible given the court’s schedule and due process requirements. Because class actions impact the legal rights of many people (in this case, millions), they require sufficient notice and time for class members to take various action under the settlement, as well court oversight to ensure the settlement and process is fair, reasonable and adequate. That means much of the timeline outlined above is either outside our control or necessary for the fair resolution of the case. Bearing this in mind, class members should not expect payment quickly, and we appreciate your patience as we do our best to bring about the settlement relief.

When will I receive my settlement benefits?

Approved settlement claims will only be paid after the court grants final approval of the settlement. A final fairness hearing has been scheduled for July 15, 2024. Settlement payments cannot be issued until final approval is granted by the court.

Who is eligible to receive settlement benefits?

Now that the court has granted preliminarily approval of the revised settlement, the Angeion Group has been appointed as the settlement administrator to identify and notify current and former owners and lessors of affected vehicles that they are class members. Class members are generally ascertained through Hyundai and Kia records, and state motor vehicle records, among other sources. Class members do not have to have experienced a theft or attempted theft to be eligible to receive certain settlement benefits. View list of affected vehicles »

How much money can I expect to receive?

Class member payments will vary based on the eligible losses they have incurred and require certain documentation for approval. Please see FAQ “What benefits have Hyundai and Kia agreed to provide vehicle owners through the settlement?” for a detailed breakdown of settlement benefits that may pertain to your particular situation.

How can I sign up to receive settlement payments?

Now that the court has granted preliminarily approval of the revised settlement, the settlement administrator will begin notifying class members by mail, email (where Hyundai/Kia have an email address for the class member), press release and through the settlement website about the settlement and will provide instructions on how to submit a settlement claim. There will also be a settlement website where class members can verify whether their vehicle is included and submit settlement claims. In the meantime, if you have been affected by the defect, make sure to save any receipts, police reports or other associated documentation so that you will have it on hand when the time comes to apply for settlement benefits.

What action do I need to take now?

Now that the court has granted preliminarily approval of the revised settlement, class members will be notified via mail (and email where available) about the settlement with their options and instructions on how to participate in the settlement. Keep an eye out for this notice, which will come from the appointed settlement administrator, the Angeion Group, not our firm. You will be able to submit settlement claims and take other action at that time. In the meantime, if you have been affected by the defect, make sure to save any receipts, police reports, or other associated documentation so that you will have it on hand when the time comes to apply for settlement benefits.

What happens next?

On Oct. 31, 2023, the court granted preliminary approval to a revised settlement agreement, which means that notice to class members will go out no later than March 4, 2024. Class members can also file settlement claims during this period.

The court will hold a final fairness hearing on July 15, 2024. If and when the court grants final approval of the settlement, class members will begin receiving payments.

MY VEHICLE

I have an affected vehicle. What should I do?

Keep an eye out for a mail or email notice from the appointed settlement administrators, which will be sent out no later than March 4, 2024. If you are a class member, you will be able to take action regarding the settlement at that time. In the meantime, if you have been affected by the defect, make sure to save any receipts, police reports or other associated documentation so that you will have it on hand when the time comes to apply for settlement benefits.

Under the terms of the revised settlement, your vehicle may be eligible to receive a free software upgrade which will resolve the theft defect. We suggest calling your local Kia or Hyundai dealership to see if you are eligible and schedule the installation. If your vehicle is not eligible for the upgrade, you can make a settlement claim for reimbursement up to $300 for the purchase of a steering wheel lock and purchase and installation of a glass breakage alarm or anti-theft system, or other aftermarket modifications designed to deter or prevent theft. You can make this settlement claim once you receive notice from the claims administrator, as discussed above.

Should I keep driving my affected vehicle?

Whether you continue to drive your vehicle is up to you. Hagens Berman attorneys advise owners of eligible vehicles to receive the software update to resolve the theft defect as soon as possible. If your vehicle is not eligible for the software upgrade, vehicle owners are advised to use a steering wheel lock and/or install a glass breakage alarm or anti-theft system, or other aftermarket modification designed to deter or prevent theft. You should also save all your receipts, as you may be asked to produce them when you submit your settlement claim. Under the settlement, you are eligible for reimbursement up to $300 for such expenses.

I’m afraid my car will be stolen. What should I do?

Hagens Berman attorneys advise owners of eligible vehicles to have the software update to resolve the theft defect performed as soon as possible. Please contact your local Hyundai or Kia dealer to inquire about this. If your vehicle is not eligible for the software upgrade, you are advised to use a steering wheel lock and/or install a glass breakage alarm or anti-theft system, or other aftermarket modification designed to deter or prevent theft. You should also save all your receipts, as you may be asked to produce them when you submit your settlement claim. Under the settlement, you are eligible for reimbursement up to $300 for such expenses.

WHAT IF…

What if I leased my car?

Hagens Berman attorneys advise lessors of eligible vehicles to have the software update to resolve the theft defect as soon as possible. Please contact your local Hyundai or Kia dealer to inquire about this. If your vehicle is not eligible for the software upgrade, you are advised to use a steering wheel lock and/or install a glass breakage alarm or anti-theft system, or other aftermarket modification designed to deter or prevent theft. You should also save all your receipts, as you may be asked to produce them when you submit your settlement claim. Under the settlement. you are eligible for reimbursement up to $300 for such expenses.

What if my car is or was stolen?

If your car is stolen, file a police report and save a copy of the report for your records. The terms of the revised settlement include compensation for the following losses to the extent not covered or paid by insurance:

Where the vehicle is a total loss, reimbursement up to 60% of the Black Book value of the vehicle plus licensing fees, sales tax paid, registration fees, and other expenses directly associated with the purchase of a new or replacement vehicle
Where the vehicle is damaged and/or property in the vehicle is damaged or stolen, reimbursement for up to $3,375 or 33% of the Black Book value of the vehicle, whichever is larger, per theft or attempted theft incident
Reimbursement for insurance deductibles paid and increased premiums up to $375 per theft or attempted theft incident
Reimbursement of certain other out-of-pocket expenses up to $250 per theft or attempted theft incident, including: transportation costs, towing costs, and tickets or other penalties or fines incurred
Reimbursement of certain out-of-pocket costs associated with implementing the software upgrade, including: lost income and childcare costs associated with obtaining the software upgrade up to $250 per vehicle, and for the purchase of replacement key fobs necessary to implement the software upgrade up to $350 per fob.

What if I haven’t experienced a theft or attempted theft?

You are still eligible to receive settlement benefits if and when the court grants final approval of the settlement. At no cost, owners and lessees of certain affected vehicles are eligible for a software upgrade to effectively address the cars’ lack of an immobilizer. The software is designed to prevent the vehicles from starting without the key being present. Owners and lessees of affected vehicles that are not eligible the software upgrade may seek reimbursement up to $300 for the purchase of a steering wheel lock and purchase and installation of a glass breakage alarm or anti-theft system, or other aftermarket modifications designed to deter or prevent theft.

What if my car isn’t eligible for the software update?

Under the settlement, class vehicles ineligible for the software upgrade may file claims for reimbursement up to $300 for the purchase of a steering wheel lock and purchase and installation of a glass breakage alarm or anti-theft system, or other aftermarket modifications designed to deter or prevent theft.

REPRESENTATION

Am I represented by Hagens Berman?: Hagens Berman was appointed by the court, along with several other firms, to represent the class of consumers nationwide that purchased or leased the Hyundai and Kia vehicles affected by the theft defect. Class members are automatically a part of the class unless they choose to opt out. Although we can provide some general advice as it pertains to the class lawsuit and settlement, our firm does not personally represent each class member.
Why should I sign up with Hagens Berman?: Sign up through the form on our website if you’d like to receive periodic updates about the case progress. Please note that completing our online form does not mean we represent you personally, and it does not have the effect of joining the settlement or submitting a settlement claim. Now that the court has preliminarily approved the settlement, you must submit your settlement claim in accordance with the instructions you receive in the settlement notice. The settlement notice will not come from our firm, but rather the settlement administrators appointed by the court, the Angeion Group, and will be sent out no later than March 4, 2024.

CONTACT

Did you receive my information?: If you submitted it via the form on our website, we have received your information. The firm has received thousands of inquiries related to the settlement with Hyundai and Kia, and we cannot respond in a timely manner to every inquiry individually. If you have a question about the status of your settlement claim, we recommend contacting the settlement administrator, Angeion Group.
I submitted my information. Why haven’t I heard back from the firm yet?: It is estimated that nearly 9 million vehicles nationwide are impacted by this defect. The firm has received thousands of inquiries related to the settlement with Hyundai and Kia, and we cannot respond in a timely manner to every inquiry individually. If you have a question about the status of your settlement claim, we recommend contacting the settlement administrator, Angeion Group.

SETTLEMENT ADMINISTRATOR

Who is the settlement administrator?: Angeion Group will be the settlement administrator. You will be notified
when the settlement website has been published.