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.
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 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
We have a 2013 Chevy Equinox, nearly 2 years ago our daughter and I were nearly in a BAD accident on a major highway because our equinox engine light came on started losing power and she tried to guide it of to the shoulder just as a semi flew past us. Meanwhile, the equinox completely stopped and a gush of oil came out from under the car.
We had to sit for about 2 hours trying to get ahold of someone in a cold car.
Course insurance wouldn’t pay for it, Chevy said there was nothing wrong with the 2013 equinox and I filled out a thing on Better Business Bureau, Chevrolet and GM in addition to calling. They said there was nothing they could do.
We paid right at $6,500 to have a new engine and wires put in it, only to have the other engine to start the same thing, and leaking oil also. So they put new engine #2 and guess what, here we go again. Burning oil like crazy. Our mechanic adds oil on a regular basis. And we check it constantly.
Have spent thousands and thousands and thousands. VERY FRUSTRATING cause I complained years ago.
Driving my 2013 chevy equinox it started making this awful tinging banging noise. pulled over and it died. when we loaded it on the trailer noticed oil underneath all over
I have a 2013 Equinox. In September 2019 I was driving and it just stalled on me. The engine light came on. I checked the oil and it was barely readable. I added 2 litres and made an appointment at the dealership the next day. Not only did the man checking me in not acknowledge any known problem with this vehicle but he told me I should not have added oil and that it couldn’t have been low. That visit cost $500 now three months later the exact same thing happened. No low oil light shows and my olu says 47% remaining but there is no oil showing. A co worker who is knowledgeable about cars added 2 litres and was shocked how low it was. I am in Canada and wondering what can I do to get this problem fixed
I have a 2013 chevy equinox which I have already put 2600.00 repairs. Now I am told that it will cost me 3500.00 more to fix the problem. I would like my chevy fixed and get my 260.00 back that I have already spent. How do I file Special Coverage Adjustments to get my 2600.00 back.
I have a 2013 Chevrolet Equinox. I took my car to a dealership when I had the oil changed twice and was told my oil was low. No light, no indication on the dash of it ever being low. I have changed the oil at 1500 miles in many times and the oil is low. The last few weeks I have been adding a quart of oil every week. I have owned the vehicle for 1 year and 2 months. Vehicle has 103k miles on it. Every mechanic I have talked to knows there is a issue with this vehicle but no one will do anything. I now have a knocking noise coming from the engine compartment. I owe $9k still on this car, this is piss poor on GM
I have this Sub 2012 Chev EQ and of course I do have this problems, and never before with others vehicles. No excuses for manufacturers to build a vehicle like this one specially in 21 century when we suppose to have one of the best technology in the world
Is this Recall only in the USA or all over America Continent??
Thanks for your reply!
I have a 2011 Chevy equinox that I got about 3 years ago, I have about 130,000 miles now… so I’m guessing GM can’t do nothing about it because I exceed the mileage. They should be taking full responsibility for this, my car takes oil more than I pump my gas and I’m just stuck with that mistake of theirs and it can’t be fixed because my car exceeds the mileage? I need more information about this…
It’s now December 7, 2019. No claim form has been received by me yet. I got wind of this problem regarding my 2013 Chevy Equinox in 2017 when it had 41,000 miles on it. I checked the oil level for the first time myself. Sure enough It was low. Not ONCE EVER have I seen a low engine oil indication on the instruments. I now believe that all the times that they changed the oil at 3000 mile intervals at my instruction the dealer did not inform me that the engine was consuming oil. If I had used the higher mileage recommendation the engine might have burned up for lack of adequate lubrication. The dealer did the consumption test at my request. Within a 3000 mile interval it was consuming 1 1/2 quarts of oil. I have all my documentation. I fit the requirements for compensation. The car now has 65,000 miles on it. Ive been dealing with this pain in the ass problem for 2 years now. When do I get compensated for the replacement repair??? GM cars are history with me in this life and the next.
Have a 2011 Equinox. Started noticing oil consumption issues 3-4 years ago. Mentioned it to the dealer but they blew it off. Never saw the SCA, and now the car needs oil added all the time, and died on my son twice today coming home – even with 2 quarts added yesterday. We’ll take it to the dealer tomorrow but how do we file a claim for the expense of repair?