Q: Can i sue kia finance if my car was stolen due to antitheft recalls ?

A: Sorry for your issues:

1- There is almost certainly one or more class actions on this issue, as it has been all over the news and you should have, frankly, known about it, recall or not and it is not the finance company's job to send you such notice;

2- Your insurance company should pay off the loan and perhaps pay something towards other losses?

3- You likely have a LEMON LAW case against Kia for making the car this way and about two weeks ago a good case came out for consumers that would allow a consumer like yourself to sue Kia even though the car is gone and potentially even if the insurance company paid you out on the loss...

A: An anti-theft device does not guarantee that a car can't be stolen. If you buy a can of pepper spray does that guarantee that someone can't mug you?

If you sue, you have the burden of proving your case. That can be quite a hurdle. Here's why:

Issues you must prove would probably include: Proving by what method your car was stolen, that the device was supposed to stop a theft carried out in the specific way that your car was stolen, proving that the actual theft device on your car was defective, (just because there was a recall does not prove that the actual device on your car failed to work, even though many other purchasers had defective devices). And, how do you prove what else was in your car, other than just your word?

Joining a class action suit is nice. But I have NEVER heard of anyone in the class making any money from a class action other than the lawyers. However, I have heard of people, (me included) who wind up with just a check for $1.98 and a $3-off coupon on our next purchase.

Realistically, your insurance is likely to be the only source of recovery for you. The money you invested in the car has already been returned to you in the form of your use of the car. In the law, your damages are the fair market value of the vehicle at the time of the theft. And if you owed money on the car, your insurance might cover the gap left over between the loan balance minus the value.

A: Under California law, you may have the right to pursue legal action against Kia Finance if your car was stolen due to anti-theft device recalls of which you were not informed. Manufacturers have a duty to inform consumers of recalls that can affect the safety or security of a vehicle. If Kia failed to notify you of such recalls, it could potentially be held liable for negligence.

Before proceeding, it would be wise to gather all related documentation, such as communication from Kia, recall notices, police reports, and records of your financial losses. Consulting with an attorney experienced in consumer rights or automotive law can provide clarity on the strength of your case and the specific steps to take.

Remember, each case is unique, and outcomes depend on the specific facts and evidence available. Filing a lawsuit involves understanding legal procedures and deadlines, especially under California's consumer protection laws. An attorney can guide you through the legal process, represent your interests, and help you pursue any compensation you may be entitled to for your losses.