LAS VEGAS (KTNV) — The family of Andreas Probst, a retired police chief that was riding his bicycle and was allegedly hit and killed by two teenagers who stole a Hyundai, have now filed a civil lawsuit against the teenagers and Hyundai.
Back in August 2023, Jesus Ayala and Jzamir Keys stole a Hyundai Elantra from an apartment complex as part of a crime spree across the valley.
SEPTEMBER 2023: Formal charges filed against teens accused of killing retired police chief Andreas Probst
According to the lawsuit, which was filed on Thursday, the pair used the "TikTok method" or "Kia Boys" method to steal the vehicle.
"The TikTok method allows certain Hyundai model and Kia model vehicles to be easily stolen by removing the plastic cowling on the steering column of the vehicle, pressing and removing a pin on the ignition assembly and using a USB cable, USB flash drive, screwdriver, pliers, or other similar object to turn the ignition assembly and start the engine on the vehicle and allowing it to be driven away," the filing states.
Ayala and Keys drove around Las Vegas and eventually came across Probst who was riding his bicycle.
Video recorded by the pair appears to show the teens yelling ‘hit his ass’ and running over Probst who was in a bike lane. The video, which police said was recorded by Keys, went viral after being posted on social media.
“The laughing, them saying ‘get his ass’ — all of that has haunted me ever since,” Andreas' daughter, Taylor Probst, previously told ABC News.
WATCH: Probst family believes social media culture played a role in the fatal hit-and-run crash
Attorneys for the Probst family wrote that Ayala and Keys were able to steal the vehicle due to defects and a lack of anti-theft devices, like engine immobilizers.
"Vehicles designed, developed, manufactured and sold by defendants Hyundai Motor, Hyundai America and HATCI have consistently lagged behind all other manufacturers with respect to the percentage of vehicle models that come equipped with an engine immobilizer as standard equipment," the filing states. "For example, in model year 2011, less than twenty percent (20%) of Hyundai and Kia vehicles came with engine immobilizers as standard equipment. In contrast, more than ninety percent (90%) of all other models include engine immobilizers as standard equipment."
The social media trend spread not only here in the valley but across the nation.
In 2023, several states sued Hyundai and Kia over those defects while certain insurance companies stopped accepting customers or raised rates for those who had certain vehicle models.
July 2023: Insurance not accepting customers, raising rates because of certain Kia, Hyundai models
Ultimately, Hyundai and Kia agreed to a $200 million settlement in a class-action lawsuit that was brought against the companies by owners due to vehicle thefts.
I reached out to Hyundai on Tuesday. While a company spokesperson declined to comment on the Probst lawsuit, they did provide extra context on the steps they've taken to tackle the theft concerns.
When it comes to vehicles that could still be at risk.....
"A subset of Hyundai vehicles on the road in the U.S. today, primarily 'base trim' or entry-level models, are not equipped with push-button ignitions and immobilizing anti-theft devices," the spokesperson wrote. "It is important to clarify that many of these vehicles are now eligible for free software upgrades or ignition cylinder protectors designed to prevent the popularized method of theft."
Hyundai officials say notices have been sent to registered owners that could be affected and customers can check their vehicle eligibility by clicking here.
In response to the social media challenges encouraging teenagers and young adults to steal vehicles, Hyundai says they've implemented the following:
- Engine immobilizers are standard on all vehicles produced, as of November 2021
- Hyundai has developed a software upgrade to equip vehicles with an "ignition kill" feature, which is designed to prevent theft
- Hyundai has rolled out a free anti-theft software upgrade to all of the nearly four million vehicles to affected customers who own or lease vehicles that were made between 2011 and 2022
- Launched an anti-theft website and toll-free number, (888) 498-0390, to help customers determine their eligibility and schedule appointments at local Hyundai dealerships
- Initiated a program to reimburse affected customers who purchased steering wheel locks
- Established a program to provide free steering wheel locks to law enforcement agencies to be distributed to local residents
- Collaborated with AAA insurers on a program to offer insurance options for affected owners
- Piloted mobile service centers in several cities, including Las Vegas, with plans to replicate activities with dealers in additional markets to speed up the installation of software upgrades
"As of [Tuesday], Hyundai's software upgrade campaign is at 68% completion for on-road vehicles, representing more than 1.5 million vehicles," a company spokesperson told me. "Hyundai is committed to continuing our efforts to assist our customers with this issue."
According to Hyundai, the Insurance Institute for Highway Safety published a detailed report last year confirming the effectiveness of the anti-theft software upgrade. You can read that below.
National trends seem to back that data up.
According to the National Insurance Crime Bureau, car thefts fell by 17% in 2024, which is the largest decline in four decades. Their data also shows that Nevada, Washington and Oregon saw the biggest drop in vehicle thefts.
The most stolen vehicle models included: the Hyundai Elantra, Hyundai Sonata, Chevrolet Silverado, Honda Accord and Kia Optima.
MARCH 2025: Car thefts decreased by 17% last year
When looking at next steps for the civil lawsuit, no future court hearings have been scheduled, as of Tuesday.
Both Ayala and Keys are facing criminal charges related to Probst's death.
Court records show that Ayala was in court last Tuesday. According to court minutes, attorneys state things are on track for trial, but they are discussing a possible settlement this week. However, that depends on consultations with family.
Ayala is facing charges in four cases and Keys is only a co-defendant in one of them. Because of that, court minutes show negotiations for Ayala could lead to a settlement conference for Keys.
If case negotiations fall through, things are still on track for trial. The next hearing related to the Probst case is currently set for October 21.