Fire victim joins Hyundai class action in fight for consumer rights
Last updated on January 24th, 2023
The fire was swift and silent. Anne-Maree Johnston still can’t believe how close she came to losing everything when her Hyundai caught fire in her garage without warning.
The mother of two is both grateful for her lucky escape and haunted by the prospect of a far worse outcome for another family.
It’s one of the reasons Anne-Maree, who first sought Handle My Complaint’s help to deal with Hyundai in April last year, has agreed to be the lead plaintiff in a class action filed against the Korean manufacturer this week.
“My thoughts go to all the parents who leave their babies asleep to finish their nap in their capsules inside their garaged cars – the fumes alone would fold a baby’s lungs in minutes,” she says.
“It wasn’t just what happened that makes me angry but the way that Hyundai responded to a potentially deadly hazard. Their car's defect almost cost me my house, if not mine and my daughter’s lives, and yet they just don’t seem to care.”
(Photo: Emergency services responding Anne-Maree Johnston's vehicle fire)
Maurice Blackburn Lawyers has launched a class action against Hyundai over defective anti-lock braking systems (ABS) that have made popular models potential fire hazards.
Maurice Blackburn’s National Head of Class Actions, Andrew Watson, says Hyundai has engaged in misleading and deceptive conduct.
“The class action proposes to seek compensation on behalf of group members with affected vehicles who suffered loss and damage, resulting from the alleged failure of Hyundai to comply with guarantee of acceptable quality under the Australian Consumer Law,” he says.
Flames leaping from car
Anne-Maree's nightmare began one March afternoon not long after she returned from visiting a friend 7km away.
“Some 20 minutes after parking the car my daughter noticed smoke coming from under the garage door when she walked upstairs,” she says. “We had been sitting 20 metres away having lunch but there was no sound to alert us.”
They opened the door to the garage to see flames leaping out of the Hyundai iX35 Trophy’s wheel wells and the gap between the bonnet and windscreen.
“My daughter called emergency services while I put the garage door up and jumped past the flames to remove the other vehicle, as I knew I would lose the house if that went up,” she says.
“I then grabbed the garden house and continued to fight the fire. Then I keep the walls and ceiling of the garage wet until emergency services arrived about 20 minutes later to take over.”
The firefighters told Anne-Maree that the fire appeared to have started around the ABS control board. They had recently been briefed on a recall of Hyundai Tucsons for the same issue, with owners of those models advised not to park their cars in the garage until the component was fixed.
(Photo: Anne-Maree Johnston's Hyundai ix35 after engine caught fire)
“The recall at the time was on the 2014 model, the same year as my car,” Anne-Maree says. “I find it hard to believe that similar cars by the same manufacturer would have different ABS components. Why didn’t Hyundai recall mine then, too?”
Hyundai failed to respond
Even when faced with the problem, Hyundai did nothing. Anne-Maree's car was taken to the dealership in Port Macquarie, which she had to pressure to get Hyundai to investigate the problem. The Hyundai inspector simply removed the ABS control board without any explanation.
“My insurer gave them permission to investigate but they didn’t chase up the findings – the insurer said it wasn’t worth further investigation and simply paid me market value,” she says.
Still reeling from the shock of the fire, Anne-Maree was devastated. As a single mother, she couldn’t afford to settle for market value and just replace the car.
She also suffered smoke inhalation, with toxic fumes that could be smelt 4km away. She was treated by paramedics at the scene.
“I presented to the hospital the next morning as I struggled to breathe. And for the following six months I struggled to even hold a conversation as I was so short of breath – my throat lining felt raw,” she says.
To add insult to injury, Hyundai just didn’t seem to care. Despite multiple attempts to get a response via email, social media and phone calls, as well as through the local dealership where she bought the car, she had no response.
Anne-Maree contacted Handle My Complaint CEO Jo Ucukalo to ask her to lobby for a resolution on her behalf.
“Anne-Maree’s complaint is just one of hundreds we’ve received from Hyundai owners about safety issues. We’ve never encountered a company that appears less interested in addressing serious customer concerns,” Jo says.
Anne-Maree’s car had only clocked up 75,000km, always garaged and serviced by Hyundai dealership. “This should simply not have happened. And if it did, then I should have been treated much better,” Anne-Maree says.
Class action a warning for others
Almost two years on from the fire, she still has nightmares about what could have been.
“Had this happened at night it would have been a completely different outcome. The point where the fire just charred the ceiling frame is where my big heavy king bed sits directly above a ply floor,” she says.
“I sleep alone, and the kids sleep at the other end of the house. I would have woken as my bed dropped, along with the stairs next to my room. And the children left to save themselves – the thought of what could have been kept me awake for days on end and still sends shivers down my spine.”
(Photo: Damage to Anne-Maree Johnston's home due to the vehicle fire)
Anne-Maree is determined to hold Hyundai to account. It’s why she kept posting on Hyundai sites to raise awareness of this dangerous issue. It's why she asked Handle My Complaint for assistance, and why she has joined the class action as lead plaintiff.
“I hope the class action will show manufacturers that they need to take responsibility for their products. This is particularly important when lives are at risk,” she says.
“It is also a reminder to everyone to fight for their rights, particularly when there is a safety issue. I would hate anyone else to go through what we did, or worse.”
So if you need help in dealing with your Hyundai complaint, lodge a complaint with us. We’re here to help you handle it.
Below is the list of vehicles under recall for defective ABS:
