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While the lack of immobilizer is dumb it makes sense they use that rationale as a way to cast doubt on their liability in the situation.
I’m actually most surprised that insurance companies (and their own finance dept) have allowed it to happen. Eg, Subarus in the mid-2000s didn’t have immobilizers - insurance rates were very high (if allowed), eventually sales were affected and they added the feature.
I always thought the whole “wake up without a kidney” idea was an exaggeration… yet again I was wrong.