Please register your details if you own one of the following vehicles. These vehicles have been subject to advice from the Department of Infrastructure, Transport, Regional Development and Communications to be parked in an open space even when off:
17 May 2021
Bannister Law is investigating a potential claim against Kia Motors Australia for the losses for owners of the affected vehicles that are the subject of the safety recalls.
Following the 16 May 2021 release by the Department of Infrastructure, Transport, Regional Development and Communications of a product Safety recall of Kia QL Sportage MY2016-2021 and Kia CK Stiner MY2017-2019, the dates that the affected vehicles were available for sale were from 14 April 2015 to 20 October 2020 (Kia QL Sportage), and from 14 December 2016 to 27 March 2019 (Kia CK Stiner).
Australian consumer statutory guarantees require all the products supply to consumers must be safe and meet other consumer guarantees under the Australian Consumer Law (ACL).
The Kia recall states:
“If an electrical short circuit occurs, this could result in an engine compartment fire when the key is switched off and the vehicle is parked. A vehicle fire could increase the risk injury or death to vehicle occupants or bystanders and/or damage to property.”
“Until it has been repaired, Kia recommends that the vehicle should not be parked near any flammable structures or in an enclosed area, i.e. not in a garage.”
We believe this will cause many owners of the vehicles anxiety that they cannot sleep calmly at night with their vehicle in the garage nor may not be able to use it safely for work purposes.
Parking a vehicle (not in the garage) on the street will not always be permitted for many city dwellers nor feasible in a variety of circumstances which may result in additional expenses.
Further, not acting on this advice (not garaging) could affect insurance premiums of those owners as generally higher premiums are payable for street parked vehicles.
Similarly, not attending to the recall itself may invoke insurance exclusions for cover if reasonable precautions are not taken.
The Hydraulic Electronic Control Unit (HECU), responsible for the Anti-lock Braking System, Electronic Stability Control System and Traction Control System, can remain live even when the vehicle is switched off. If moisture enters the HECU, an electrical short circuit can occur.
Bannister Law is encouraging Kia QL Sportage and Kia CK Stinger owners who purchased their cars from 14 April 2015 to 20 October 2020 (Kia QL Sportage), and from 14 December 2016 to 27 March 2019 (Kia CK Stiner) to register above.
The total number of affected Kia vehicles in Australia is 57,851 with 56,203 affected Kia QL Sportage and 1,648 affected Kia CK Stinger.
This follows Bannister Law previous press release announcing an investigation into the Hyundai recall dated 11 February 2021 for the same issues affected Hyundai cars at https://hyundaiclassaction.com.au/.
A class action is a court proceeding in which seven or more than seven people (the class/the group) are suing one person or company for similar reasons (in legal language, it is called common issues of law or facts). One or more of the individuals in the group can start the case on behalf of the class.
The class action process is intended to save time and expense and avoids the need for the court to determine common issues of fact or law more than once for each of the group members. It enables disputes and claims involving large numbers of people to be resolved via a single case.
Bannister Law is one of Australia’s leading class action law firms and running some of Australia’s largest Consumer class actions.
Bannister Law Class Actions is investigating claims on behalf of owners against Kia.
When you register, you will need to provide your details and information about your claims to Bannister Law Class Actions. You will receive our matter updates if you register, and reminders for key dates of court events if the matter proceeds.