Anne Bucher  |  September 20, 2013

Category: Consumer News

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Honda class action lawsuitAmerican Honda Motor Co. has agreed to a class action lawsuit settlement over claims it manufactured defective Accord vehicles that burn oil too quickly. As part of the settlement agreement, Honda has agreed to provide “valuable benefits” to Class Members to resolve the litigation.

The Honda Accord class action lawsuit was originally filed in March 2012 by plaintiffs Vince Eagen and Alex Soto. They claimed that 2008-2010 Honda Accords contained a “systematic design defect that enables oil to enter into the engine’s combustion chamber,” causing the engine to excessively consume oil. This alleged defect led to engine malfunction and premature spark plug degradation. The plaintiffs claimed that Honda refused to honor warranties covering the defective Accords.

According to the class action lawsuit, Honda had received hundreds of online complaints about the Honda Accord oil defects and issued a technical service bulletin notifying Honda technicians to check for symptoms of the defect. Despite this knowledge, Honda refused to take action to fix the problem, the plaintiffs said.

Further, the plaintiffs alleged that even though the defective engines needed to be repaired within the warranty period, Honda refused to fix the parts for free. Instead, Honda told its customers to check their vehicles’ oil levels every time they get gas. Eagen claims that he had to add a quart of oil to his Accord each month, and had to replace his prematurely corroded spark plugs twice within 55,000 miles of driving.

Under the terms of the Honda Accord class action settlement, Honda agreed to extend the Powertrain Limited Warranty of each settlement class vehicle for engine misfiring for up to eight years after the original sale or lease of the vehicle, without imposing a mileage restriction. Honda also agreed not to contest the class counsel attorneys’ fees if they do not exceed $800,000 and will allow Class Members to submit a claim for reimbursement for their out-of-pocket expenses.

The class action lawsuit was also amended to limit Class Members to include only owners and lessees whose vehicles may have experienced engine misfire, to include only allegations related to engine misfire, and to voluntarily dismiss claims related to excessive oil consumption in 4-cylinder Accord vehicles.

This class action settlement was reached after a California judge declined to force arbitration on the case in October 2012. U.S. District Judge Susan Illston found that Honda was a third-party non-signatory to a contract and therefore was not able to compel arbitration under the contract’s terms.

Details on how to file a claim for the Honda Accord Oil Defect Class Action Lawsuit were not immediately available. Keep checking Top Class Actions or sign up for our free weekly e-newsletter below to receive settlement updates.

The settlement Class Members are represented by Steven Berk and Matthew Bonness of Berk Law PLLC; Beth Terrell and Kimberlee L. Gunning of Terrell Marshall Daudt & Willie PLLC; Michael Ram and Jeffrey B. Cereghino of Ram Olson Cereghino & Kopczynski LLP; and Lawrence Deutsch, Sharon Carson and Eugene Tompkins of Berger & Montague PC.

The Honda Accord Oil Defect Class Action Lawsuit is Alex Soto et al. v. American Honda Motor Co. Inc., Case No. 3:12-cv-01377, in the U.S. District Court for the Northern District of California.

 

UPDATE 1: Federal judge gives preliminary approval to the Honda Accord Oil Defect Class Action Settlement on October 9, 2013.

UPDATE 2: This class action settlement now includes other Honda vehicles, including the Honda Accord, Odyssey and Crosstour. Details on how to file a claim to receive reimbursement for repair costs can be found here.

UPDATE 3: A federal judge granted final approval to the Honda engine misfire class action settlement at a March 21, 2014, Final Fairness Hearing.

UPDATE 4: Reimbursements from the Honda Engine Misfire Class Action Settlement were mailed July 14, 2014. A second wave of checks will go out this Fall, according to the Settlement Administrator. If you get a check, let us know!

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155 thoughts onClass Action Settlement Reached Over Honda Accord Oil Defect

  1. Maria says:

    Soy dueña de un Honda accord 2009 y gasta mucho aceite le pongo como dos botes cada mes que puedo haser

  2. Terrence Luther says:

    My 2010 Honda Accord is burning a quart in half of oil a month. It’s making a rattling noise when starting it.

    1. Jay says:

      Hey, were you able to find any solutions?

      I have the same exact issue.

  3. Robert Neal says:

    Please give me more information about the process of being added!

  4. Johnnie says:

    I bought my 2008 Honda Accord in October 2007 and it’s been burning oil since the first oil change. I can tell when it’s low because it makes strange sounds when I start the engine. I even had them to check the strange start-up noises and they said they couldn’t find anything.
    Please include me in the settlement.

  5. abel says:

    Tengo un accord del 2009 y cosume mucho aceite.Cual es la solución

  6. Renee B says:

    My 2010 Honda Accord Coupe purchased new in March of 2010 has been burning oil since 2011. I have approximately 83000 miles on my car. I also have had problems with my car starting since the winter since 2012. There is a Service Bulletin on it #12-087, which I have possession of dated April 15, 2015 and revised June 12, 2015 regarding: Warranty Extension: Sticking Rings Resulting in High Engine Oil Consumption. I did not receive this notice until October of 2015. I have contacted Wilde Honda in Waukesha via Email on 10/28/2015 in reference to this Service Bulletin. I had received notice on this problem in October 2015 via letter from Honda Automobile Division. I contacted Honda at 1-888-234-2138 after receiving a letter in October 2015 that there is a Warranty Extension due to this problem because I was concerned about the fact that they were making me go through an \Oil Consumption Test\ which cost me $38.00 to have my oil changed at the Honda Dealership in Janesville, WI and have to go back every 1000 miles to see if my car is \burning enough oil\ as to the validity of repairing my car. This upset me because I want my car replaced and they insisted that I must go through this process to see if my car \burns enough oil\ between oil changes. I went to have my oil changed at 1000 miles and it was 1/4 of a quart short although it is has been more than this in the past since I used to put more mileage on my car. I have complained about this since it started showing up short in 2011 when I was getting it changed at the Honda dealership in Janesville, WI since it was closer to my home. I then started going to F & F Tire, which is in Delavan, WI and they are aware of this problem. I let them know that my car has been burning oil and the oil light would come on and the Honda Dealership said it wasn’t a problem and I thought that they (Honda Dealership in Janesville) was shorting me on oil and it was going to wreck my car. NO NEW CAR SHOULD BURN OIL or have problems starting after 1-2 years. I have witnesses as to who had to \jump\ my car at the gas station after I turned it off in 2012 as I was refueling it. It starts very hard in the winter with a high screeching noise since 2012. I have sent an email to Wilde Honda in Waukesha regarding this. Now, how can I be part of this?

  7. Moises Garcia says:

    I have a 07 accord which consumes a lot of oil as well between oil changes please help how can I be part of this thanks.

  8. mdon says:

    I have a four cylinder 2009 Honda Accord EX-L with 88,000 miles. About a month ago, my engine/transmission was making a loud grinding noise every time it shifted gears (the shift between 2 to 3 was the loudest). Every once and a while my oil light would flicker when I accelerated. Concerned about this grinding noise, I went to my local Honda dealership and was told that my engine oil was bone dry and the grinding noise was my timing belt rotating without any oil. The service guy told me that they need to replace the engine but I will fall under an extended warranty. In order to qualify for a new engine, however, I have to do an oil consumption test. They changed my oil, which I had to pay for, and told me to come back at after 1000 miles. They want to see how much oil I have burned through. From what I have been reading online, if your car burns through more than one quart of oil during the 1000 mile oil consumption test, than you qualify for an engine replacement. I would like to know if that is true. Please let me know what their threshold is for determining if an engine needs to be replaced. They also told me that I would not be able to get a new engine until February of 2016 because it will be on back order. I was planning on having this Accord for a long time but I am very concerned about its longevity. The guy assured me that the new engine will not have this same issue (it wont consume oil at the current rate). If this is the case, and they replace my faulty engine, I will be satisfied. If they do not replace my engine, I will likely sell my car and never buy a Honda again. Please let me know how Honda determines if you qualify for a new engine.

  9. Rob says:

    I also have a 2009 Accord with 90000 miles. My car burns 1.75 quarts every 3000 miles. I just completed my 3rd oil consumption test AFTER I received a letter in the mail from Honda Corporation offering to change the piston rings for excess oil consumption They were expanding the warranty to 8 years or 125000 miles. Well, today was my last test and the dealer told me they will not honor this because they do not consider this to be excessive. I politely ask them how many miles they recommend between synthetic oil changes. She looks at me and says Honda recommend 5000 miles. So, I said that if I drove 5000 miles, my engine will blow and so this is normal according to Honda Standards.

  10. Jeff Nelson says:

    We bought our only new car in 43 years of marriage. It is a 2009 Honda Accord EXL 4 cylinder. I wont go into some of our initial problems with the car but had no issues with the engine UNTIL about a year ago at about 185,000 miles. I had taken it in for a regular oil change and a month or so after that the car started making a noise that I knew could not be good. First thing I did was to check the oil. I found no, absolutely no, oil on the stick. I filled it with oil and it took 4 quarts. At first I was livid at the place that changed my oil but decided to wait rather than to blame the people at the oil change place. This same scenario happened again. Then I started looking on the web and found quite a few people with the same problems. Then sure enough within the last month or two I got a recall notice from Honda saying that I suspect the car burning too much oil bring it to the dealer. So now I am going thru the oil consumption test. If they show excess oil consumption they say they will fix it by putting new oil rings on the piston and whatever. My question is if they find excessive oil consumption. My engine is (seemingly running ok not at 111,000. But it is possible that a ruined engine will keep running for a while after sustaining damage. What happens if I have already COMPLETELY ruined the engine but it does not stop running until tomorrow or even after the 120,000 warranty period is up? Will they replace or rebuild the entire the engine under this special warranty?

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