Kia And Hyundai's Theft Mess Could Turn Into A $1B Legal Pileup
The 9th U.S. Circuit Court of Appeals has overturned a lower court's dismissal (per an early report by the LA Times), giving roughly 200 insurance companies another chance to pursue reimbursement from the South Korean automakers. The insurers are seeking to recoup upwards of $1 billion in payouts made for claims related to stolen vehicles and property damage linked to a viral social media trend.
Initial legal efforts hit a roadblock when U.S. District Judge James V. Selna dismissed the claims against the two foreign companies, ruling that the court lacked personal jurisdiction over the South Korean entities. However, the 9th Circuit panel unanimously rejected that defense. Circuit Judge Eric D. Miller highlighted that over 70% of the automakers' U.S.-bound inventory passed directly through California ports, establishing a clear physical and commercial nexus to the state. By deliberately choosing to ship vehicles lacking anti-theft immobilizers through California for American distribution, the court determined the parent manufacturers purposefully directed their business activities into the forum.
What this means is that this ruling reopens the floodgates for what could become a $1 billion legal pileup. While the manufacturers previously agreed to consumer class-action settlements and payouts to state governments totaling tens of millions of dollars, those agreements does not shield them from third-party subrogation claims brought by insurers. A recent UCLA study projected that theft rates for vulnerable Hyundai and Kia models could persist in major metropolitan areas for decades to come.
