NHTSA Complaint #11383822 — 2016 KIA SOUL

THE CRASH AT ABOUT 2:30AM EARLY TUESDAY MORNING ON NOV. 24, 2020, ON HER WAY HOME FROM HER NEARBY 2ND SHIFT JOB, MY WIFE'S 2016 KIA SOL WAS HIT HARD ON THE DRIVER'S SIDE BY A CAR BEING PURSUED BY POLICE. LUCKILY, AND POSSIBLY BECAUSE MY WIFE IS SHORT AND SITS HIGH, SHE APPEARS UNINJURED ALTHOUGH VISIBLY SHAKEN AND VERY NERVOUS ABOUT NIGHT DRIVING. MY WIFE HAD PULLED HER CAR OVER TO THE RIGHT SIDE OF THE 4+ LANE ROAD WHEN SHE HEARD SIRENS. WHILE PULLED OVER WITH THE CAR RUNNING AND HER FOOT ON THE BRAKE, THE PERPETRATOR'S VEHICLE CRASHED INTO THE DRIVER'S SIDE AND PUSHED HER CAR SEVERAL FEET FURTHER TO THE RIGHT, CRUMPLING THE DOORS AND BREAKING OFF THE LEFT REAR WHEEL AND SUSPENSION FROM THE IMPACT. THE POLICE REPORT SHOWED THAT THE PERPETRATOR'S VEHICLE APPROACHED HER CAR FROM THE FRONT LEFT, BUT THE VEHICLE HIT THE VERY SHORT KIA SQUARELY AND ONLY IN THE TWO DRIVER'S SIDE DOORS WITH NO DAMAGE TO THE FRONT OR REAR FENDERS. CLEARLY NOT SIDESWIPED WHERE THE ENTIRE SIDE WOULD HAVE BEEN DAMAGED. ALLSTATE INSURANCE TOTALED THE CAR AND PHOTOS FROM THE ACCIDENT SCENE AND TOWING YARD ARE ATTACHED, AS IS THE POLICE REPORT. NO AIRBAGS DEPLOYED! NONE OF THE KIA'S AIRBAGS DEPLOYED. WE BOUGHT THE CAR NEW IN LATE 2015 AND IT HAS BEEN COMPLETELY SERVICED SINCE THEN AT THE ORIGINAL KIA DEALER. THEY RECENTLY UPDATED THE CAR'S COMPUTER UNDER A KIA RECALL. ON DEC. 4, 2020, I CONTACTED THE KIA CONSUMER ASSISTANCE CENTER (KAYLEE C AT 949-468-4689) AND ASKED WHY THE AIRBAGS FAILED. AFTER LOOKING AT PHOTOS I SENT HER AND FROM THE COPART LOT, SHE QUICKLY SAID THE CAR WAS "SIDESWIPED AND NOT HIT HARD ENOUGH TO DEPLOY THE AIRBAGS". HER RESPONSE WAS PROTECTING KIA LINE AS ANY REVIEW OF THE PHOTOS SHOWS THAT HE CAR WAS HIT FROM THE SIDE VERY HARD AND NOT SIDESWIPED. I ASK THAT NHTSA INVESTIGATE THIS INCIDENT AS IT'S UNLIKELY THAT ONLY MY VEHICLE HAS THIS POTENTIALLY FATAL FLAW.