Volkswagen Class Action Says Sunroofs Spontaneously Shatter

Last week, Volkswagen Group of America Inc. was hit with a class action lawsuit alleging the sunroofs on some of its vehicles have a defect that causes them to spontaneously shatter.

Rosaura Deras filed the Volkswagen class action lawsuit on Sept. 20 in California federal court. She alleges Volkswagen designed defective sunroofs that spontaneously shatter.

According to the class action lawsuit, the sunroof in Deras’ VW Jetta spontaneously shattered recently while she was driving on the freeway.

“The shattering events are so powerful that startled drivers compare it to the sound of a gunshot, after which glass fragments rain down upon the occupants of the vehicle, sometimes while driving at highway speeds,” Deras alleges in the VW sunroof defect class action lawsuit.

The plaintiff points to complaints made to the National Highway and Transportation Safety Administration dating back to 2009 by consumers who reported that the sunroofs in their Volkswagen vehicles spontaneously shattered. Deras claims there have been numerous consumer complaints made to the NHTSA regarding VW sunroofs.

At least 57 reports have been made by owners and lessees who say the sunroofs in their Volkswagen vehicles shattered, Deras says.

According to the VW sunroof defect class action lawsuit, Volkswagen issued a voluntary recall of its 2013 through 2015 MY VW Beetles with panoramic sunroofs on Dec. 7, 2014. In doing so, VW acknowledged that drivers could be injured by the falling glass, and they could become distracted, which could increase the risk of an accident.

The Volkswagen vehicles named in the VW sunroof defect class action lawsuit (Class Vehicles) include:

• 2005-2017 Jetta
• 2015-2017 Golf
• 2006-2015 GTI
• 2009-2010 CC
• 2007-2016 Eos
• 2006-2009 Rabbit
• 2012-2012 Passat
• 2004-2006 Touareg
• 2011-2017 Touareg
• 2008 R32 Base
• 2009-2017 Tiguan

The VW sunroof defect class action lawsuit alleges that, when the sunroofs shatter within a vehicle’s warranty period, the vehicle owner reasonably expects that the damage caused by the sunroof defect would be covered under warranty.

That is not the case, Deras claims.

“VW has systematically denied coverage with respect to the defective sunroofs,” Deras says in the VW class action lawsuit. “Plaintiff and numerous Class Members have been forced to incur substantial repair bills and other related damages, including being forced to make claims under their automotive insurance policies and incurring substantial deductibles.”

Deras claims Volkswagen knew about the VW sunroof defect before it distributed any of the allegedly affected vehicles but failed to fix the problem or notify consumers about the sunroof defect. She says she would not have obtained her 2013 Volkswagen Jetta, or she would have paid significantly less for the vehicle, if she had known about the VW sunroof defect.

She filed the VW sunroof defect class action lawsuit on behalf of herself and a proposed Class of owners and lessees of the Class Vehicles in California.

The Volkswagen class action lawsuit asserts claims for violation of the Magnuson-Moss Warranty Act, unjust enrichment, violation of California’s Unfair Competition Law, Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, and fraud by omission.

Deras is represented by Robert L. Star, Adam Rose and Matthew A. Giovannucci of The Law Office of Robert L. Starr APC and Stephen M. Harris of The Law Office of Stephen M. Harris APC.

The Volkswagen Shattering Sunroof Class Action Lawsuit is Rosaura Deras v. Volkswagen Group of America Inc., Case No. 3:17-cv-05452, in the U.S. District Court for the Northern District of California.

UPDATE: On Aug. 28, 2018, in the face of a motion to dismiss a Volkswagen shattering sunroof class action lawsuit, consumers point to a history of recalls, complaints and federal investigations into the issue.

UPDATE 2: On Feb. 26, 2019, VW car owners overcame an effort to dismiss a Volkswagen shattering sunroof class action lawsuit, convincing a federal judge that they could prove the car maker knew of the defect.