200,000 Hyundai, Kia cars face Class Action over fire risk

Close to 200,000 Hyundai and Kia cars sold in Australia from 2014 to 2020 are the focus of a Class Action over faulty brake technology, with lawyers seeking compensation for owners – whether or not their car has burst into flames.

The legal action – lodged in the Victorian Supreme Court – includes approximately 136,800 Hyundai cars sold in Australia from 2014 to 2020.

A further 56,000 Kia cars with the same fault and fire risk could also be caught up in the same case, for a total of approximately 193,000 vehicles.

The cars at the centre of the legal action have previously been recalled for the fire risk – caused by a fault with the anti-lock braking system – however some owners claim they never received the safety bulletin as they bought the vehicle second-hand.

One Hyundai owner involved in the legal action – led by Maurice Blackburn Lawyers – told Nine News her car went up in flames on Christmas Day, having just picked up her elderly grandparents. A passerby helped them out of the burning vehicle.

Another Hyundai owner had her car suddenly catch fire while it was in the garage at home, parked below her bedroom.

“It could have been a fatal disaster. We were very lucky to have noticed smoke coming into the house from the garage. Had we not caught it early, it’s almost certain the whole house would have gone up,” Ms Johnston said in a media statement issued by the law firm.

Owners of any of the affected vehicles are eligible to sign up to the Class Action at no cost – win or lose – even if their car has not caught fire and has not had a major brake failure.

The legal action involves the following cars:

The legal action could be extended to:

"They're the cars that families buy and would expect that they might be able to stick them in the garage without the risk of them spontaneously bursting into flames," said Andrew Watson, Maurice Blackburn’s national head of Class Actions.

The law firm – which is leading the Class Action against Hyundai – says it is preparing a similar case against Hyundai's sister brand Kia, which uses the same technology.

“This is a serious defect impacting hundreds of thousands of vehicles with potentially catastrophic consequences for vehicle owners and bystanders,” Mr Watson said in a media statement.

“Consumers expect that the vehicles they purchase will be safe to drive, safe to park in their garage, and free from defects which could result in the loss of life.

“Hyundai and Kia have failed to meet those expectations and must be held to account for putting unsafe vehicles on the road.”

Mr Watson said the class actions will allege Hyundai and Kia “failed to comply with the guarantee of acceptable quality under the Australian Consumer Law, and engaged in misleading and deceptive conduct.”

As previously reported, the fault with the anti-lock brake system was the subject of a recall due to a fire risk; an electronic control circuit board can short circuit when exposed to moisture.

This creates a risk of an engine compartment fire, even when the car is parked and the engine is not running.

After a number of incidents here and overseas, vehicle owners were advised to 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.

A statement from Hyundai Australia said: "Hyundai Motor Company Australia prioritises the safety of our customers. We take the safety and reliability of our vehicles seriously. We have always and will continue to stand by our products by providing our customers with the support they need. We are disappointed about the class action but will consider the allegations carefully before commenting further."

A statement from Kia Australia said: “We are aware of a proposed class action by Maurice Blackburn Lawyers. However, we have not received any official notification on the matter and as such we will not be making any further comment at this time.”  

Hyundai and Kia owners can check if their car is subject to the Class Action by contacting the law firm at ABSDefect@mauriceblackburn.com.au.