Lawsuit against Kia, Hyundai to be filed by Rochester

The City of Rochester plans to file a lawsuit against Kia and Hyundai, alleging that the lack of anti-theft technology in some cars sold by the two manufacturers are taxing city resources and putting public safety at risk.

Kia and Hyundai vehicles make up nearly 75% of 1,063 cars stolen across the city this year, according to Rochester Police Chief David Smith. At this time last year, police recorded 387 stolen vehicles.

(A total of 1,231 auto thefts on the RPD database includes attempted car thefts, Lt. Greg Bello said.)

Most of the car thefts target 2011-2021 key-started Kias and Hyundais, which were manufactured without an engine immobilizer, making them easier to steal. A viral social media video exposed the security flaw, resulting in an uptick of thefts across the country.

“This problem is out of control and these costs should not be borne by the city, our residents or our businesses,” Mayor Malik Evans said at a press conference announcing the lawsuit Monday. “Rochester requires restitution to compensate for the manufacturers that chose to cut corners and leave these vehicles susceptible to theft.”

The city will seek an unspecified amount in damages related to law enforcement resources diverted to chase down thefts, Corporation Counsel Linda Kingsley said.

The Seattle-based law firm Keller Rohrback will represent the city alongside other municipalities in a multidistrict lawsuit in the U.S. District Court for the Central District of California, where the two car manufacturers have U.S. headquarters.

Kingsley said it is the first set of lawsuits filed by municipalities against Kia and Hyundai. The group includes Buffalo, Seattle, Cincinnati, Cleveland, Columbus, Milwaukee, Madison and St. Louis.

More: 1K and counting: Rochester area car thefts skyrocket. Where does your town stand?

Police: Stolen cars fuel other crimes

Chief Smith said the stolen vehicles are often used in other crimes. Of 20 “smash and grab” burglaries of city businesses this year, 19 were done using stolen Kia and Hyundais, Smith said.

A stolen Hyundai was the getaway car after a shooting outside of Franklin High School earlier this year, and a stolen Kia driving erratically across the school courtyard last week also put students at risk.

Smith said police have made 60 arrests in car thefts, with juveniles making up half of the suspected offenders. One juvenile was arrested in eight different car thefts across the county this year.

Kingsley said while TikTok brought attention to the security issue, “the problem starts and ends with Kia and Hyundai.”

“Had they properly manufactured these vehicles and then had they corrected the problem when they saw it, there wouldn’t be anything on TikTok,” Kingsley said.

While 96% of vehicles produced in 2015 by other car manufacturers included engine immobilizers, only 26% of 2015 Kia and Hyundai vehicles did, she said. Yet, Kingsley said the two car manufacturers chose to include anti-theft technology in their higher end vehicles within the same timeframe.

“It appears they chose profit over safety when it came to the models driven by those who could not afford the higher end models,” she said.

Evans said by failing to include the “most basic” anti-theft technology, the manufacturers have failed hardworking consumers who have no way to keep their vehicles safe.

He said he’s received calls from residents who had their cars stolen from their driveways, including one mother who had to find a way to buy new basketball shorts and shoes for her child before an upcoming game after her car was stolen with the items inside.

More: Police found his stolen Kia the same day. Why will it take weeks before he gets it back?

“I am especially frustrated because these cars are affordable, and they are popular among people who can least afford to lose time from work because their mode of transportation has disappeared for a dangerous joyride,” Evans said.

Kia and Hyundai have said they believe 8.3 million vehicles across the U.S. were impacted by the security flaw, which will be fixed through software updates by both companies on a rolling basis.

Late last year the city filed a lawsuit against gun manufacturers and distributors, alleging the firearm industry is responsible for violence in Rochester. In 2019, the city sought damages through a lawsuit against the opioid industry.

“Similarly, this community has been harmed by the actions and inactions of Kia and Hyundai,” Kingsley said.

Kayla Canne reports on community justice and safety efforts for the Democrat and Chronicle. Get in touch at kcanne@gannett.com or on Twitter @kaylacanne.

This article originally appeared on Rochester Democrat and Chronicle: Lawsuit against Kia and Hyundai to be filed by Rochester NY