Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A class action lawsuit alleges that Volkswagen and Audi “intentionally concealed a defect in the timing chain tensioning system” of certain 2008 through 2013 model vehicles. The complaint claims that the timing chain can fail at any time, costing owners up to thousands of dollars in repairs and potentially creating a safety risk for drivers.
“When the Tensioning System suddenly and unexpectedly fails, the Class Vehicles lose engine power, which causes a loss in the ability to accelerate, maintain speed, and/or adequately control the steering wheel or engage the brakes,” according to the complaint.
The hidden engine defect class action lawsuit is suing VW manufacturers – Volkswagen Aktiengesellschaft and Volkswagen Group of America Inc., and Audi manufacturers – Audi Aktiengesellschaft and Audi of America Inc., over the hidden engine defect. The complaint accuses those companies of knowing about the timing chain tensioning system defect, and failing to inform consumers about it. The vehicles affected by the alleged defect are any 2008 through 2013 VW or Audi with a 2.0L TSI or TSFI engine, including the VW Beetle, Jetta, Passat, Rabbit, Routan, Tiguan, and Toureg, and the Audi A3, A4, A5, A6, A7, TT, Q3, Q5, and Q7.
According to the class action complaint, the timing chain controls the synchronized operation of a vehicle’s pistons and valves. The complaint states that the timing chain in the VW and Audi engine is supposed to last for at least 120,000 miles. However, the complaint asserts that the timing chain tensioning system has a defect that can cause the chain to lose tension when the vehicle is off, which can allow the chain to “jump a tooth” in the car’s camshaft and cause serious damage to the vehicle’s engine.
The VW and Audi hidden engine defect class action alleges that VW and Audi knew about the defect from numerous complaints and repairs, and even issued bulletins to dealerships about the problem starting in 2010. In addition, the complaint contends that VW and Audi redesigned the defective part in 2012, but have not issued a recall to replace the part in all affected vehicles. The class action states that although VW and Audi provide warranties for new vehicles, the latent timing chain tensioning system defect often occurs outside the typical 3 year or 30,000 mile warranty. The complaint argues that because VW and Audi knew about the defect, the companies committed fraud and violated consumer protection laws by failing to disclose it.
Plaintiff David Zimand states that he leased a 2009 VW Jetta from an authorized dealership in New Jersey, and purchased the vehicle in 2012. Zimand claims that his vehicle had the latent engine defect, and the timing chain on his Jetta failed in March of 2014, causing “catastrophic failure of the vehicle’s engine.” Zimand claims that no one informed him about the timing chain defect, and he would not have purchased his automobile had he known about it.
The hidden engine defect lawsuit seeks to represent a Class of “all persons or entities in the United States that purchased, leased or own a 2008 through 2013 model year 2.0L TSI or 2.0L TFSI VW or Audi vehicle.” The class action requests restitution for consumers, and a court order enforcing a “comprehensive program to repair or replace the Tensioning System in all Class Vehicles.”
Zimand is represented by James E. Cecchi and Lindsey H. Taylor of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., and Jospeh H. Meltzer and Melissa L. Troutner of Kessler Topaz Meltzer & Check, LLP.
The VW, Audi Hidden Engine Defect Class Action Lawsuit is David Zimand v. Volkswagon Aktiengesellschaft, et al., Case No. 2:16-cv-02765, in the U.S. District Court for the District of New Jersey.
UPDATE: A third class action lawsuit alleging similar defects was filed July 18, 2016.
UPDATE 2: On May 14, 2018, Volkswagen agreed to a settlement that would end a multidistrict litigation claiming that many vehicles’ engines have a timing chain tensioner that’s defective. Volkswagen will cover up to $6,500 in engine repairs and $2,000 in timing chain system repairs to putative Class Members.
UPDATE 3: September 2018, the Volkswagen timing chain defect class action settlement is now open. Click here to file a claim.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
42 thoughts onVW, Audi Class Action Targets Hidden Engine Defect
Add another to the list.2012 with 60,000 failed this week. Prestige Volkswagen wants almost $8,000 to make repairs.
I own a 2012 Audi Q5 with 102k miles. My vehicle is and has been up to date with all maintenance thru my local dearlership, where I also purchased my vehicle. The dealership recently performed my 95k mile check (which cost me $800). From this checkpoint inspection, I was told that my vehicle was running great and I had no items to be concerned with. It is know four months later and my vehicles Timing Belt/chain)has failed, causing my vehicle to not start. My mileage is under the “standard” Timing Belt replacement time (which is 110k miles). I also provided the dealer with specific concerns of noise and warning lights that I had experienced prier to my 95K inspection. I had also expressed my concerns with my consent oil top off’s, acceleration issues. These items were ignored! Of course this happens just after my warrenty expired. My vehicle was still under warrenty at the 95K inspection check.
September 4, 2017
Same thing happened to me in my 2011 Audi A4. I paid $150 for Audi to diagnose the problem and now they are asking another $900 to determine if the timing chain system needs replacement or if engine is completely damaged. Not sure if I should pay the money for further diagnosis. Audi really needs to step up and acknowledge this issue. What should I do? Should I just get my car towed back home or pay the $900 to do the tear down diagnosis?
2011 Tiguan 67,000 miles tensioner failed and skipped timing. VW said they’re aware of the problem and the lawsuits, but are not going to do anything at all since the car is out of warranty by 7,000 miles.
I just had to get my 09 Passat towed to a dealer.
I’ve been told the timing belt went and the engine has failed. The dealer’s service manager asked if I even got the belt replaced and I explained that I didn’t know anything was wrong with it etc. so why would I, no engine light or anything else occurred that would warrant attention. The repair cost for a used engine and them to install was quoted at $6400. The car according to KBB is worth only about 5k.
Anyway, just starting my research and saw these, was wondering where you are in the process and if you are collecting contacts to add to the suits or how that works.
I did notice additional suits being filed so seems to be an issue that VW should have informed the consumer about. I am going to try to contact VW America and work with them to try and resolve this but I don’t think I’ll have too much success.
My 2009 Audi A4 has a blown engine. How do I join the class action and get updates on status of the lawsuit.
Bow do I join the lawsuit?
I have a 2011 Tiguan. This exact thing has just happened to me. The cost? Just under $7,000.00. How can I join the class action lawsuit?
My vehicle has been at a repair shop for over 6 months until I could come up with the monies to pay for the repairs to the engine due to the tensinor failure. Am I eligible to partipate in this Class Action Lawsuit
Is this claim still eligible to join. Timing chain tensior had to be replaced before the recommendation of 120,000 miles.? 2010 Audi A4
Is this still Valid, I need to pursue this also, my VW engine failed for this reason.
Yes same thing happened with me join one of the open lawsuits
Same thing here, but how do you join a lawsuit??