A judge in Florida federal court has put her stamp of approval on a $42 million settlement agreement which resolves three lawsuits claiming that General Motors sold vehicles with an oil consumption defect.
Plaintiffs Ellen Berman and Dayana Guach allege that General Motors model year 2010-2013 Chevrolet Equinox and GMC Terrain cars that have 2.4-liter Ecotec engines suffer from the defect that consumes oil at a very high rate.
The primary cause of the defect is malfunctioning piston rings, which are prone to premature wear, the judge’s order states. The defect necessitates the need for the car owner to replenish the car’s oil more frequently.
The plaintiffs filed suit in September 2018, claiming that General Motors breached their written warranties under the Magnuson-Moss Warranty Act and violated the Florida Deceptive and Unfair Trade Practices Act.
Two other class action lawsuits were subsequently filed, based on similar allegations. The judge’s approval of the settlement resolves the claims in these three cases.
Starting in 2014, General Motors issued Special Coverage Adjustments (SCAs) for the model years 2010-2012 of the class vehicles, the judge’s order reads.
The SCAs were put into effect to extend the class vehicles’ warranty for piston replacement beyond the normal warranty expiration period, which was five years or 100,000 miles.
“The SCAs provided that owners of Class Vehicles could take their vehicles to a dealership and undergo an oil consumption diagnosis. If the diagnosis indicated excessive oil consumption, GM would replace the piston rings for free, if the vehicle was within certain time and mileage limitations,” the judge states in her order.
The Settlement Class is defined as: “All persons within the United States who purchased or leased, at any time before the Preliminary Approval Date, a new retail or used model year 2010, 2011, 2012, or 2013 Chevrolet Equinox or GMC Terrain vehicle equipped with 2.4 liter Ecotec engines, manufactured prior to the Production Change, and who have not executed a prior release of claims related to Class Vehicle oil consumption or resulting piston or engine damage in favor of GM.”
In addition, the judge’s order states that, for model year 2010-2012 class vehicles, owners will be able to get a free replacement of piston assemblies at authorized dealerships.
Also, Class Members who already paid for covered repairs but who did not already submit a claim under the Special Coverage Adjustments will have 120 days to submit a claim.
For model year 2013 class vehicles, Class Members will receive free piston assembly replacement. Also, those who previously paid out-of-pocket for repairs can file claims for reimbursement of expenses.
Each Class representative will receive $4,500 as a service payment, which the judge determined to be “appropriate, fair, and reasonable.” This award is being paid by General Motors separately from the funds being made available via the settlement agreement.
Also, the attorneys for the plaintiffs will receive fees of $3,390,351, which is eight percent of the settlement value. Class Counsel will also receive reimbursement of $109,649 for litigation expenses.
Do you own one of the class vehicles mentioned as part of the settlement? Leave a message in the comments section below.
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The plaintiffs are represented by Rachel Soffin, Gregory F. Coleman, Adam A. Edwards and Mark E. Silvey of Greg Coleman Law PC, Robert Ahdoot of Ahdoot & Wolfson PC, and Daniel K. Bryson and J. Hunter Bryson of Whitfield Bryson & Mason LLP.
The GM Chevrolet Equinox SUV Oil Consumption Defect Class Action Lawsuit is Ellen Berman, et al. v. General Motors LLC, Case No. 2:18-cv-14371, in the U.S. District Court for the Southern District of Florida; Hindsman, et al. v. General Motors LLC, Case No. 3:17-cv-05337, in the U.S. District Court for the Northern District of California; and Sanchez, et al. v. General Motors LLC, Case No. 1:18-cv-02536, in the U.S. District Court for the Northern District of Illinois.
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2,106 thoughts on$42M GM Chevy Equinox Oil Guzzling Class Action Settlement Approved
Add me please had a 2013 Chevy equinox started giving me issues I couldn’t afford to get it fixed
I sent in the first set of docs on my 2013 equinox they said payment in Aug 2020…have heard nothing is $4500 the settlement amount then for everyone?
I have been waiting for compensation on my 2013 equinox as well, I was almost afraid that with the postal service, it may have been lost. How do we check the status
Purchased in 2012 the 2012 chevy equinox that has been guzzling oil every day even shortly after oil change as well as cutting off frequently. Having to purchase oil by the gallons every other two days. Where can my name be added to this lawsuit?
My daughter purchased a 2013 GMC Terrain, now it has oil issues and piston and timing chain damage, how can I get information to see if her VIN is covered by this lawsuit? Thanks
Who do I contact. I only had 2013 for three months. Already at dealer. I’m getting parts replaced but not a new motor. So will I have this happen again in another few months?
I have a 2013 Chevy Equinox that burns excessively too much oil
It has 108,808 miles. How do I get a claim form
I have a 2010 Chevy Equinox that burns oil excessively. I just learned about this settlement today when I took my car to an auto shop for repairs. How do I get a claim form quickly so I can submit it before deadlines come into play. It has 102,000 miles.
I have a 2012 GMC terrain called gm they informed me there was no recalls on this vehicle using lots of oil did buy a extended warranty bought the car only 4000 miles left on it what can your law firm do for me
Thanks
I have a 2012 chevy Equinox that GM wont cover for the engine blowing up due to oil always being put in the car. Still waiting to hear from the dealership to see if Gm will cover anywhere.
I have a Chevy Captiva 2014. It also has this motor. I just bought it used from a Toyota dealership for 12000+ at end of September last year. Last week it left me stranded, the timing chain broke and the Chevy dealership says to fix both (timing chain and a new motor) it will be another$10,000! $22,000 for a 16 year old car with known engine problems by the dealers I believe pose a serious question about this particular make and model as well!