While the risk remains, vehicle owners must park their vehicles outside in an open space and away from houses, other buildings or materials which may be flammable, such as a garage or carport, to avoid the risk of a potential vehicle fire causing further damage or injury to occupants. Parking a vehicle outside may expose it to moisture, UV rays, extreme weather events and increase the risk of vandalisation or theft. Additionally, street parking may expose owners to additional parking charges, as well as higher insurance premiums.
Maurice Blackburn has filed class actions in the Supreme Court of Victoria against Hyundai and Kia in relation to the alleged ABS defect. The Hyundai class action was filed on 22 December 2022 and the Kia class action was filed on 10 March 2023.
The class actions propose to seek compensation on behalf of group members with affected vehicles who suffered loss and damage as a result of the alleged failure of Hyundai and Kia to comply with the guarantee of acceptable quality under the Australian Consumer Law and engaging in misleading and deceptive conduct.
Am I eligible to register?
You are eligible to register if you acquired, including by way of purchase, exchange, lease or hire-purchase, one or more of the following affected vehicles by the dates shown below:
Safety recall notice
Between 1 May 2015 and 4 February 2021
Between 1 November 2014 and 30 May 2021
Between 1 June 2014 and 26 September 2022
Hyundai ix35 (EL)
Between 1 June 2014 and 7 December 2022
Hyundai Santa Fe (DM)
Between 1 June 2015 and 26 September 2022
Between 1 April 2018 and 30 May 2021
Between 1 April 2018 and 30 May 2021
By 16 May 2021
By 16 May 2021
Kia SLe Sportage
By 19 January 2023
If you are unsure if your vehicle matches one of the descriptions in the above table, we recommend you follow the steps outlined below:
- Identify your Vehicle Identification Number (VIN). A VIN is a unique identifier which can be found on the passenger side of the vehicle’s dash. You can also locate the VIN on the registration certificate or owner’s manual.
- Check your VIN against the VIN list published with the safety recall notices linked in the table above.
If you are still unsure if you are eligible to register, please contact us at ABSDefect@mauriceblackburn.com.au and we can assist you.
You can still register for the class action if:
- you have sold the vehicle;
- the vehicle has been written off; or
- work has been carried out by a dealer on your vehicle in response to the safety recall notice.
Frequently asked questions
Signing up to this class action will not expose you to any upfront costs. All costs in the proceeding will be borne by Maurice Blackburn unless and until there is a successful outcome. In the event of a successful outcome, any costs payable by Maurice Blackburn will be deducted from, and will not exceed, any compensation you are entitled to receive. All such costs are required to be considered and approved by the Court.
As a member of the class (and not the Representative Plaintiff, in whose name the case has been brought), an adverse costs order may not be made directly against you in respect of the determination of the common issues in the class action. Unless and until there is a successful outcome, all costs will be borne by Maurice Blackburn.
Yes, you are eligible to register, even if you have not experienced any problems with your Anti-Lock Braking system or Hydraulic Electronic Control Unit.
Yes, you are still eligible to register for the class action if:
- you have since sold your affected vehicle; or
- the vehicle has been written off or stolen.
At a later stage, we will request more information about your circumstances.
It is too early to predict how much you may ultimately recover.
However, should proceedings be commenced, we will be seeking the maximum recovery available under the law.
Maurice Blackburn is Australia’s leading class actions law firm with an unparalleled record of helping our clients secure the nations’ largest class actions recoveries, totalling over $3.7 billion since 1998.
Car giants Hyundai and Kia face massive compensation claims over fire hazard models
Hundreds of thousands of Hyundai and Kia owners could receive large compensation payments over defective Anti-Lock Braking Systems which have rendered some of the Korean manufacturers’ most popular models potential fire hazards.
Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $4.2 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
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