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U.S. appeals court preserves $210M Hyundai-Kia fuel economy class settlement

A U.S. appeals court restored a $210 million nationwide class-action settlement for hundreds of thousands of owners of Hyundai Motor Co and Kia Motors Corp vehicles whose fuel economy estimates were inflated. By an 8-3 vote on Thursday, in a case closely watched by class-action lawyers, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said vehicle owners had enough in common to let them settle as a group. It also rejected arguments by owners opposed to the settlement that the claims process was too burdensome, and that lawyers for the class had colluded with the automakers to extract a "sweetheart deal" that undervalued their claims. The case began after the U.S. Environmental Protection Agency found flaws in Hyundai's and Kia's testing procedures, prompting the automakers to lower fuel efficiency estimates for about 900,000 vehicles from the 2011, 2012 and 2013 model years. Lawyers for objecting drivers had no immediate comment. Hyundai said it was grateful for the decision. Kia and its lawyers did not immediately respond to requests for comment. The decision by Circuit Judge Jacqueline Nguyen upheld a settlement approved in June 2015 by U.S. District Judge George Wu in Los Angeles. Wu "made careful findings, which the objectors here largely do not challenge, and which more than support the judgment," Nguyen wrote. The decision reversed a divided three-judge 9th Circuit panel's January 2018 rejection of the settlement and decertification of the class action. That panel said Wu failed to assess whether differences in state laws prevented certification of a nationwide class. It also said used car owners should have been excluded because it was unclear whether they had relied on the South Korean automakers' fuel economy claims. Lawyers had said it would become much harder to obtain nationwide settlements if the panel ruling stood. Nguyen had dissented from the panel ruling. Circuit Judge Sandra Ikuta, who wrote it, dissented on Thursday. Ikuta accused the majority of failing to determine what law should apply to the nationwide class or how the settlement, and thus attorneys' fees, should be valued. "The majority's failure to correct these errors may be beneficial for the class action bar, but it detracts from compliance with Supreme Court precedent," Ikuta wrote. The 9th Circuit covers nine western U.S. states, Guam and the Northern Mariana Islands.

Dealership worker takes Kia Soul for 200-mile joyride

Most often, dealership road-test capers in customer cars involve exciting metal - an employee totals a Chevy Camaro ZL1, or a does the same thing with a Dodge Viper. Or tapes himself wringing out Italian exotics at triple-digit speeds on public roads. That kind of horseplay rarely involves mass-market metal because it's not worth getting caught running red lights in a 2001 Mitsubishi Montero - except that actually happened, too. But we still don't understand the mechanic at Peak Kia North in Windor, CO, who used a customer's Kia Soul as his own car for four days and put 200 miles on it. Owner Veronica Pief discovered the nonsense when she downloaded the 17 hours of driving video from her dashcam. She dropped the Soul off to have its speed-volume control fixed, but got it back with the extra mileage and the volume problem still hadn't been remedied. It got worse when she said of the dealership, "Afterwards, they just blew us off. They didn't care. They didn't show any concern." Sometime between that disrespect and Denver's KUSA 9NEWS doing a story on it, the dealer decided it should fix the situation. Pief said she wanted the dealer to buy her car back and pay off the loan, which sounds extreme, but she might have been thinking about the verbiage in her owner's manual. Kia is one of the automakers that's strict about voiding warranties if it deems a car has been abused. Peak Kia North gave Pief what she wanted just one day after the original story ran, buying the car back from her with plans to auction it and donate the proceeds to charity. And yes, the mechanic was fired. You can watch the local news report above. Related Video: News Source: Detroit Free Press, 9NEWS Auto News Kia Car Dealers Hatchback Videos viral video colorado

Hyundai developing safety system calibrated for 'secondary impacts'

There is an inherent flaw with how traditional airbags are used and deployed: They can only reply to one impact. The Hyundai Motor Group wants to address this with a new "multi-collision airbag system" that focuses on impacts that occur after the first point of contact. Hyundai defines multi-collision accidents as "those in which the primary impact is followed by collisions with secondary objects, such as trees, electrical posts or other vehicles." In a press release, Hyundai noted that about 30 percent of roughly 56,000 accidents between 2000 and 2012 in North America involved these types of multi-collisions, according to the National Highway Traffic Safety Administration (NHTSA)'s National Automotive Sampling System Crashworthiness Data System division. The airbag systems in today's cars don't always go off when the first accident occurs, and when a car goes through a secondary impact, the airbags may no longer provide the best safety. Hyundai's new system can read the positions of the car's occupants and react in a more beneficial way. It can quickly recalibrate after the first impact based on readings from the vehicle and the people inside, which allows the second part of the crash to trigger the airbags. As of now the system is still in development, but Hyundai Motor Group is planning to use it in both Kia and Hyundai vehicles in the future. Which models and which markets it will apply to first are yet to be determined. Related Video: