Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Amid Class Member objections, plaintiffs in a Volkswagen engine defect class action are trying to keep a proposed settlement deal alive.
Plaintiffs in the Volkswagen class action have emphasized to the court that there were only 43 objections to the proposed settlement.
With a settlement Class including hundreds of thousands of Class Members, the dissenting group reportedly only represents 0.009 percent of the Class.
Since the number of objections is relatively small, the plaintiffs argue that the VW class action settlement should be allowed to continue.
“Such a miniscule number of objections demonstrates overall class satisfaction with the settlement,” the plaintiffs said. “The objections that have been lodged do not support denial of the settlement, which is fair, reasonable, and adequate, and robust in comparison to other automobile defect class settlements.”
Most of the Class Members objecting to the settlement are reportedly individuals whose car mileage or age fell outside of the agreed upon limitations. A variety of changes were suggested by the objecting Class Members, including extensions of time or mileage.
However, the plaintiffs reject these arguments because “lines must be drawn somewhere” when determining Class Member eligibility.
Other objecting Class Members argue that Volkswagen should initiate a voluntary recall of the vehicles as part of the settlement, but the plaintiffs say that this proposal “lacks merit.”
“Even if plaintiffs prevailed at trial, it is highly doubtful that they could have obtained a judgment compelling a recall,” the plaintiffs said. “As such, the failure to negotiate a remedy that is not legally available is far from objectionable.”
The settlement was proposed in May 2018 to resolve a Volkswagen class action that was filed in 2016. The VW class action argued that certain Volkswagen vehicles were equipped with defective engines that would fail without warning.
To resolve these claims, Volkswagen agreed to a settlement that would cover the costs to repair the defective engine. The settlement also includes an extended warranty which would cover the timing chains and timing chain tensioners for 100,000 miles or 10 years.
Vehicles covered in the Volkswagen settlement include certain vehicles of the following models and model years:
- Volkswagen Models: 2012-2014 Beetle; 2012-2014 Beetle Convertible; 2009-2012 CC; 2009-2012 Eos; 2008-2012 GTI; 2008-2010 & 2012-2014 Jetta Sedan; 2009 Jetta SportWagen; 2008-2010 Passat Sedan; 2008-2010 Passat Wagon; 2009-2013 Tiguan.
- Audi Models: 2008-2012 A3; 2009-2012 A4 Avant; 2009-2013 A4 Sedan; 2010-2013 A5 Cabriolet; 2010-2013 A5 Coupe; 2012 A6; 2011-2012 Q5; 2009-2012 TT Coupe; 2009-2012 TT Roadster.
Class Members who submit a valid claim
by Jan. 25, 2019 may be eligible to recover up to $6,500 depending on the vehicle model and repair or replacement required. Claims will be validated with the vehicle’s VIN number and supporting documentation for the repair or replacement which was required.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiffs and Class Members are represented by Carella Byrne Cecchi Olstein Brody & Agnello PC, Kessler Topaz Meltzer & Check LLP, Kantrowitz Goldhamer & Graifman PC, Thomas P. Sobran PC, Mazie Seater Katz & Freeman LLC, Seeger Weiss LLP, Podhurst Orseck PA, and Baron & Budd PC.
The Volkswagen Engine Defect Class Action Lawsuit is In re: Volkswagen Timing Chain Product Liability Litigation, Case No. 2:16-cv-02765, in the U.S. District Court for the District of New Jersey.
UPDATE: On Dec. 14, 2018, a federal judge has granted final approval of a Volkswagen class action settlement over allegedly defective timing chains.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
16 thoughts onVolkswagen Engine Defect Class Action Settlement Jeopardized By Objections
My 2013 VW CC R-Line (78K) recently blew the engine I suspect because of this. The engine is a 2.0L TSI CCTA series engine that is included in the suit, but the year of my car isn’t covered. The car has been meticulously maintained and all work has been done by VW dealership. In April of this year, I suspected this issue of happening to my car, because I had a single misfire happen and the next day on a cold start, I hear the engine rattle for a few seconds. I researched the issue and took it into the dealership immediately. When they reported no issue, I pressured them and eventually they came back and stated I needed to replace the timing chain system ($2700). I had the work done, and approximately 2K miles later it failed completely. The dealership couldn’t tell me if in replacing the “timing chain system” if the tensioner was also replaced. They then told me that the engine would have to be replaced and that they recommend a used engine for $7000+ installed, which they wouldn’t warranty against the same exact issue. I raised a fuss and eventually reached out to VW USA. They ordered the dealership to do an engine tear down and send a technical analysis to them to investigate. They emailed me this morning and stated that the fault is unrelated and that technical information would be provided when the dealership provides me a quote for the recommended repairs. I’m losing my mind because not only did I spend almost $6K in 2021 already, a few weeks after I had them replace the “timing change system”, I had them perform the 80K scheduled maintenance (even though it was at 78K, it was 12 months since the last service). I’m waiting to hear back from the dealership and what they’re going to do because the car was extremely well taken care of, and if I end up having to eat all of this, I’m going to go nuts. It’s been at the dealership for 7 weeks now. I’m going to have to open cases with the relevant automotive organizations and maybe (eventually) this will become a new or addendum case. It’s absolute BS that a failed component (CCTA model engine) in the focus of the 2018 suit isn’t covered outside of the scope of certain vehicles in which they’re installed. Let’s hope the dealership does the right thing.
My 2014 Tiguan timing chain failed causing engine damage. Did yours get taken care of? I am losing my mind as well.
I am also writing in regard to the class action suit regarding the VW and Audi defective engine component. I just recently had this issue with my 2012 Audi Q5 and the engine was completely destroyed due to the defective component and resulted in complete engine loss. I only found out about this lawsuit after a Google search revealed that this was a common issue for my year/model. Unfortunately, for some reason, my VIN # is not included in the class action lawsuit from my understanding. Thus, I never received any notification from Audi or the dealership regarding this issue which could have been prevented had I been able to have them repair the issue before this happened. Now I am left with a potential $6000 to $6500 bill and an essentially useless car. I feel extremely misled by Audi and beyond disconcerted that a major issue could’ve happened when I was on the road with my kids and I was never informed of any potential problems. My car was purchased new, single owner, and I took it to the Audi dealership for services every single year. My last service was at 75,000 miles last fall and they said everything looked great. I have only put on 5000 miles since that time and my total mileage just hit 80,000. I have literally had no problems with his car up until the engine completely failed just one day this past week. I find it very disturbing that my VIN number was not included in this suit (based on my own very rudimentary research online and lack of any communication from Audi) when the mechanic clearly could see that my damage is from this defective engine component. The fact that it appears only certain VINs were selected is ludicrous since clearly so many more have had this issue. I have reached out to one involved law firm, but hopefully there is recourse for all of us on here who have dealt with this. I will never buy Audi/VW again.
Greetings Tori L ,
I have read your response and had a similar issue in my Audi 6 2013 Timing Tensioner malfunctioned resulting in over 7, 000 in out of pocket repair expenses. As like your situation the year of my vehicle was not covered under the scope of the settlement. As only 2011-2012 models were covered. This is incident has caused great hardship on me and my family .At this point I’m diligently seeking other means of resolution and reimbursement. As mentioned I’m highly interested in the results of your legal inquiry to include any additional measures of my part I can take to achieve some level of
financial reconciliation on this matter.
I have 2013 vw gti 2.0l Turbo with 78,000 miles,i bought this car 4 years ago and for some reason didn’t get settlement letter,Its seems my vehicle should be included in a Timing Chain Settlement,I contacted local VW Dealership about replacement of timing chain but they refused to do it.I don’t drive this GTI winter time ,but before i put it in storage i replaced engine oil and mechanic told me my engine makes noise when its cold because of faulty timing chain tensioner and recommended to replace it before i have major problem,so i wondering why VW dealer refuses to replace timing chain under this settlement,and who i need to contact to resolve this issue.Thanks in advance.
April 2018 mk5 2009 Jetta gli timing chain failure, bent camshaft, valves, rocket, all the works, 4000$ worth of work by vw in escondido ca. Never heard a thing about lawsuit! Total BS I’m still paying that charge off to the credit card company
Me, too. Just talked to Corporate, who has my name, phone number and address. Never sent a letter about any law suit!
i haven’t been sent a letter about any type of recall or lawsuit ? i have a vw jetta 2014 what do i do about that ?
As many have reported the Audi Dealerships have never notified or warned consumers of the possible defect. We had our 2009 A4 in for its scheduled maintenance at around 98,000 miles. No mention of issues or warning. at 117,000 the tensioner failed and the end result was a new engine. The bill over $7,000. Audi/VW needs to stand behind their product and either pay for the full repairs regardless of the mileage or give all A4 consumers a $10K credit towards the purchase of New or Certified Used Audi/VW replacement. This would show the appropriate Corporate Integrity and rebuild consumer confidence/trust in the company.
Are there any options for those of us over 100K in miles?
Knew nothing of the class action suit, dealership never advised of it. Timing chain, tensioner, cam shaft and bearing failed in Dec. 18. Dealership said if that didn’t fix it, would probably need a new engine. Fast forward to April 19, now needs engine. Because 4 months went by, VW says not related or covered. My elderly MIL drives car and only put 1200 miles on it in the 4 month period. She didn’t start driving it again until March…VW will not allow dealership to share work notes, nor will they say what they think did cause it. Just that it’s not related. 2013 Beetle only has 48k miles on it. Any suggestions?
My 2013 VW Beetle Convertible is in the shop as we speak. The dealership told me it was a recall and VW would pay 70% of the roughly $4,000.00 in repairs leaving me with a bill of $1,100. My understanding is that VW should cover the entire repair cost (up to $6,500) according to this lawsuit. I guess I’ll print this article and take it to the service department manager.
Probably because you are within the 10 year period.
Mike rife is with a hundred thousand miles if a timing chain never has to be changed then how could they settle at a mileage marker my tensioner failed and ruined my engine they should pay for every bit of it it was a manufacturer defect that they knew about it doesn’t matter how many miles around my car because that she never had to be changed what a bunch of bull
Has anyone received payment yet?
No
My tensioner failed at 101k miles it cost me $2300 to have the tensioner timing chain and rails replaced work done by VW. There was a maintenance bulletin out about the tensioners however, when I asked the dealership about the tensioner bulletin I was told they knew nothing about it. Then at 116k miles under normal driving conditions Which was indicated when the OBD2 engine report that was printed my #2 exhaust valve spring broke which caused a catastrophic engine failure. Engine replacement with a low milage used engine I located myself cost me $6000 with $4300 of that going to a VW dealership who did the install. I had VW preform all required maintenance and on time. I was meticulous about the maintenance on my GTI. I will say that the engine swap was perfect never an issue what so ever. I’m not participating in the law suit since my car was over the milage however, I’ve put a lot of money towards both maintenance and repairs.