Sarah Mirando  |  September 24, 2012

Category: Legal News

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NEW Volkswagen/Audi Water Ingress Class Action Settlement Reached

By Sarah Pierce

 

VolkswagenAudi

 

UPDATE: A federal court approved the new Volkswagen/Audi Leaky Sunroof Class Action Lawsuit Settlement on December 14.

 

Good news for Volkswagen and Audi owners who suffered leaky sunroofs and missed the deadline to file a Claim Form (or were not allowed to participate) in the Volkswagen/Audi water ingress class action lawsuit settlement — an amended class action settlement has been reached that will provide equal benefits to all Class Members and allow additional vehicle owners to participate. The new deadline to file a claim for the Volkswagen/Audi water ingress settlement has been extended to November 26, 2012.


If you’re not familiar with the case, here’s a little background:

On August 3, 2010, a federal court approved a class action lawsuit settlement that would provide benefits to millions of owners and lessees of 1997 to 2009 model year Volkswagen and Audi vehicles that had defective sunroofs that allowed rainwater to leak inside when they were clogged with plant debris and pollen. Vehicles covered by the original Volkswagen/Audi water ingress class action lawsuit settlement included the Volkswagen Golf, Jetta, New Beetle, Passat and Touareg, and the Audi A4, A6 and A8.

On May 31, 2012, an appeals court rejected the Volkswagen/Audi leaky sunroof class action settlement and certification, ruling that the settlement agreement was not fair to all Class Members or to vehicle owners who were left out of the Class certification. As a result, an amended class action lawsuit settlement was reached that now offers certain Class Members who were previously not allowed to file a claim for reimbursement an opportunity to claim reimbursement for certain water related expenses.

Under the amended water ingress settlement agreement, you may now seek reimbursement for cleaning, drying or replacement of carpeting, including padding, and/or repair and replacement of any component of the sunroof drain system and/or plenum drain system, caused by water ingress into the passenger compartment due to the sunroof or plenum, drain system, paid by you or on your behalf at any time prior to May 7, 2010.

Owners of 1998 VW Passat B5 Vehicles can also seek reimbursement for repair or replacement of the TCM and/or its attached TCM harness, VW parts numbers 4B1-971-769-A LEITG. SATZ, 4B1-971-769-B LEITG. SATZ.

So how do you know if you’re covered under the VW/Audi water ingress class action lawsuit settlement? If you owned or leased any of the following vehicles listed below as of March 24, 2010, you can file a claim to receive reimbursement and other benefits from the class action settlement:

 

VW Settlement Vehicles:

** 1998 VOLKSWAGEN PASSAT B5 VEHICLES
** 1998 – 2000 AND 2007-2009 VOLKSWAGEN NEW BEETLE (VIN 3VW—1C-7M514779 OR HIGHER) VEHICLES EQUIPPED WITH SUNROOF
** 1997 VOLKWAGEN JETTA A3 (VIN WITH “1H” IN POSITION 7 AND 8), 1997-1999 VOLKSWAGEN JETTA A3 (VIN WITH “1W” IN POSITION 7 AND 8), 1999 – 2000 VOLKSWAGEN JETTA A4 (VIN WITH “9M” IN POSITION 7 AND 8) AND 2008 – 2009 VOLKSWAAGEN JETTA A5 VEHICLES (VIN WITH “1K” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF
** 1997 VOLKSWAGEN GOLF/GTI A3 (VIN WITH “1H” IN POSITION 7 AND 8), 1997 – 1999 VOLKSWAGEN GOLF/GTI A3 (VIN WITH “1W” IN POSITION 7 AND 8), 1999 – 2000 VOLKSWAGEN GOLF/GTI A4 (VIN WITH “1J” IN POSITION 7 AND 8) AND 2008 – 2009 VOLKSWAGEN GOLF/GTI A5 VEHICLES (VIN WITH “1K” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF
** 1997 VOLKSWAGEN PASSAT B4 AND 2006 – 2009 VOLKSWAGEN PASSAT B6 VEHICLES EQUIPPED WITH SUNROOF
** 2004 – 2009 VOLKSWAGEN TOUAREG VEHICLES

Audi Settlement Vehicles:

** 2005 – 2008 AUDI A4 B7 PLATFORM VEHICLES EQUIPPED WITH SUNROOF (VINS IN MY 2005 WITH “8E” IN POSITION 7 AND 8 AND ALSO “A” OR ”D” OR ”K” OR ”G” IN POSITION 4) (INCLUDING S AND RS VERSIONS)
** 1997 AUDI A6 C4 VEHICLES
** 2005 – 2009 AUDI A6 C6 VEHICLES EQUIPPED WITH SUNROOF ( VINS WITH “4A” OR “4F” IN POSITION 7 AND 9) (INCLUDING S AND RS VERSIONS)
** 1997 – 2009 AUDI A8 VEHICLES (INCLUDING S VERSIONS)

The ONLY way to receive benefits from the Audi/Volkswagen leaky sunroof class action settlement is to submit a Claim Form by the deadline of November 26, 2012. A Final Fairness Hearing will be held on November 9, 2012.

Claim Forms and more information on your rights in the Audi/Volkswagen Water Ingress Class Action Lawsuit Settlement can be found at www.WaterIngressSettlement2.com.

The case is John Dewey, Jacqueline Delguercio, et al v. Volkswagen of America, Inc. et al., Case Nos. 07-CV-2249-FSH-PS and 07-CV-2361-FSH-PS.

 

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Updated December 19th, 2012

 

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23 thoughts onNEW Volkswagen/Audi Water Ingress Class Action Settlement Reached

  1. James L says:

    Picked up our new 2008 Q7 8/16/08
    One month later noticed wind shield wiper & radio just “going on” at odd times, brought back to the Audi dealer ship and was told there was nothing wrong with the car.
    This was repeated numerous times with the same outcome, nothing was wrong with the car.
    In May 2011 we had to have road service come to our house to jump start the car because the battery was too low to start the engine. This happened 3 times.
    July 2011,the last time this happened, the flat bed brought to you to fix an electrical problem with the battery connection. The car was fixed but we could not pick it up for a day and it was put out in your yard. The next afternoon when my wife came to get it the battery was completely dead. We were charged >$300 for a new battery plus the cost of the “ electrical repair.

    Next the MMI system stopped working, we brought it to be repaired and was told it was our fault because we must have spilt something into it. (We had never spilt something into it but didn’t know what to do since we needed the car).

    Then we saw water on the inside of the sun roof, brought it to you and were told we must have let the channels on the roof fill up with leaves (we have no trees near our driveway) and were charged with another repair.

    Finally when the car hit over 55,000 miles and out of warranty it was discovered the cause of all our electrical problems was the sun roof and it was going to cost over $4,000 to fix it.

    All along there was a problem with the 2007 Q7 sun roof resulting in a major class action law suit but each time we brought the car with the same symptom as named in the suit, no one at Audi could come up with this diagnosis till the car was out of warranty?
    To add insult to injury, we have learned that the windshield in the car was not an original Audi windshield, the back lift gate had been previously painted how come none of this was disclosed to us, we thought we were buying a brand new car.

  2. James L says:

    Picked up our new 2008 Q7 8/16/08
    One month later noticed wind shield wiper & radio just “going on” at odd times, brought back to the Audi dealer ship and was told there was nothing wrong with the car.
    This was repeated numerous times with the same outcome, nothing was wrong with the car.
    In May 2011 we had to have road service come to our house to jump start the car because the battery was too low to start the engine. This happened 3 times.
    July 2011,the last time this happened, the flat bed brought to you to fix an electrical problem with the battery connection. The car was fixed but we could not pick it up for a day and it was put out in your yard. The next afternoon when my wife came to get it the battery was completely dead. We were charged >$300 for a new battery plus the cost of the “ electrical repair.

    Next the MMI system stopped working, we brought it to be repaired and was told it was our fault because we must have spilt something into it. (We had never spilt something into it but didn’t know what to do since we needed the car).

    Then we saw water on the inside of the sun roof, brought it to you and were told we must have let the channels on the roof fill up with leaves (we have no trees near our driveway) and were charged with another repair.

    Finally when the car hit over 55,000 miles and out of warranty it was discovered the cause of all our electrical problems was the sun roof and it was going to cost over $4,000 to fix it.

    All along there was a problem with the 2007 Q7 sun roof resulting in a major class action law suit but each time we brought the car with the same symptom as named in the suit, no one at Audi could come up with this diagnosis till the car was out of warranty?
    To add insult to injury, we have learned that the windshield in the car was not an original Audi windshield, the back lift gate had been previously painted how come none of this was disclosed to us, we thought we were buying a brand new car.

  3. James L says:

    Picked up our new 2008 Q7 8/16/08
    One month later noticed wind shield wiper & radio just “going on” at odd times, brought back to the Audi dealer ship and was told there was nothing wrong with the car.
    This was repeated numerous times with the same outcome, nothing was wrong with the car.
    In May 2011 we had to have road service come to our house to jump start the car because the battery was too low to start the engine. This happened 3 times.
    July 2011,the last time this happened, the flat bed brought to you to fix an electrical problem with the battery connection. The car was fixed but we could not pick it up for a day and it was put out in your yard. The next afternoon when my wife came to get it the battery was completely dead. We were charged >$300 for a new battery plus the cost of the “ electrical repair.

    Next the MMI system stopped working, we brought it to be repaired and was told it was our fault because we must have spilt something into it. (We had never spilt something into it but didn’t know what to do since we needed the car).

    Then we saw water on the inside of the sun roof, brought it to you and were told we must have let the channels on the roof fill up with leaves (we have no trees near our driveway) and were charged with another repair.

    Finally when the car hit over 55,000 miles and out of warranty it was discovered the cause of all our electrical problems was the sun roof and it was going to cost over $4,000 to fix it.

    All along there was a problem with the 2007 Q7 sun roof resulting in a major class action law suit but each time we brought the car with the same symptom as named in the suit, no one at Audi could come up with this diagnosis till the car was out of warranty?
    To add insult to injury, we have learned that the windshield in the car was not an original Audi windshield, the back lift gate had been previously painted how come none of this was disclosed to us, we thought we were buying a brand new car.

  4. Richard Gorney says:

    1997 Audi A4 with the same problem. It is a joke that all these cars have the same problem. There should not any exclusions for there poor design. Then I called Audi to get the new part and they told me there were none available in the US. With online looking I was able to find a used one. Shame on Audi!!!

  5. Kevin Wallace says:

    I had a 2001 VW Jetta Wolfsburg. My car was actually in a storm in Gainesville Florida and filled up about a foot of water we had car cleaned carpet etc sunroof drain holes fixed. a couple of years later the car started rusting, carpet fell apart and car was considered totaled. I’m still waiting on my reimbursements!!! I will never buy a VW AGAIN!!!!!!!!!!!!

  6. Douglas says:

    Any idea when checks are to go out.

  7. greg says:

    I have had 2 audi A8 and never been told about this problem and the class actions both cars leaked now having major problems with my 2004 Why has Audi never advised me and what can I do to join the action now Feb 2013

  8. Kimberly A. Brown says:

    I was never made aware of a defected sunroof drain on my 2001 vw beetle. I just happened to come across this information while surfing the web. I would like whatever information available on how this issue can be resolved for good. The carpet in my car on the passenger side are awful and smelly because of water draining into my car. I truly believe that the unresolved water drainage is the reason that I had to have major work done on my heater this fall. Why was I never informed?

    1. Pamela Love says:

      2001 JETTA headed to the shop tomorrow with transmission issue from 2 trips to the dealer with roof drain issues. VW paid for the first time but dealer said I was on my own second time….this could be the end for my little beloved car. VW I will never forgive you for not fixing it correctly the first time!

  9. Jmonterroso says:

    If your vehicle has a rack on the roof, you need to check the calking around the screws and/or replace it. have a Touareg/94 with only 36000 miles and had a water leak that originated at the roof rack. It took me four trips to the dealership and about $1,000.00 to correct the problem. I hope this can help you.

  10. Anonymous says:

    I am certainly disgusted that owners like myself who own/owned VW Eurovan MV models(2001 is mine), are totally excluded! I have one now, second one was wrecked in an accident. They both have leaks due to the fact the vans were built with no drains!!!! The sunroof allows lots of water to enter and has ruined the headline and water has entered the dashboard to create malfunctions in gauge indicators!
    Why are we excluded? It is certainly a defect and I cannot afford repair/replacement of Gasket and headline, not to mention damaged dash indicators!!! Please help me.!!! Thank you.

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