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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.
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42 thoughts onVW, Audi Class Action Targets Hidden Engine Defect
I had a 2001 VW Passat that the timing chain went out on, this seems to have be an ongoing problem with VW
I own a 2009 VW Passat and this vehicle had a failure of the timing belt tensioner causing catastrophic damage and requiring the replacement of the engine. I have read there is a Class Action suit against VW. My vehicle has around 110,000 miles and has been well maintained by doing oil change every 6,000 miles which is more conservative than the 10,000 miles guidelines from VW. I had the car repaired with a used engine not knowing about this issue. I even called the dealership and they offered to repair without telling that there was an issue with the tensioner and there is a class action lawsuit which VW has agreed to pay the repair. vehicle. I would like to know how I can be part of the lawsuit .
Thanks
Luis Bonet
My 2009 VW Tiguan is going on 1 1/2 years sitting in our driveway broke down because of this. I’ve been waiting to see if this lawsuit would settle. It has only 65,000 miles and it’s been so well taken care of. It really upset me to find out that this was an ongoing issue that has happened to do many and nothing has been done yet. I refuse to spend our hard worked money on a fix that should be the responsibility of VW. I hope this all settles soon and we can receive more detailed information on what exactly we need to do to move forward and get this issue fixed once and for all I miss driving our Tiguan. This has been a nightmare and such a big inconvenience in our everyday life. I have a 2003 VW turbo beetle and it’s in great shape. We love VW so I hope they don’t disappoint with their outcome.
Has anyone figured out how to join the lawsuit? My GTI had the same issues in May of this year and I sure would like to be reimbursed for those expenses.
My GTI did too ! 89k just stopped starting with no notice.
I want to join, 2011 Audi a4 Sedan. Timing chain, valves ,tensioner and engine, over $ 9,000 to repair, Include me in the lawsuit. The car isn’t drivable, I have been stressed out over this.
I bought a 2010 vw jetta wolfsburg with the 2.0 tsi engine and maintained in perfectly and only 78,000 miles. Its like new but the timing chain destroyed the motor whe trying to start it and i heard a weird noise and turned it to the off position before the motor turned over. I towed it to VW and they said i need a new motor which would cost me 7-9 thousand, if i would have known about the defect atleast out of all times ive been to the dealership i would have changed it and if i would have known before i bought it i wouldnt gave even looked at it a second time, especially now that VW wont help at all!!
Last April my 2009 Audi A4’s engine failed. The car had 73,000 miles at failure. The Audi Dealership said they were sorry but they could do nothing. I immediately filed to intervene is one of the Class Action suits. When I did, my Audi Dealer called to say Audi would tear down the engine to see what happened. Sure enough, the timing chain tensioning system failed. Audi decided to put a new engine in the car. Not only an engine but a new turbine and motor mounts. I also got a new engine warranty.
I recently purchased a 2011 A5 Coupe with
105k on it.
Has a P0016 code Crankshaft Position – Camshaft Position Correlation (Bank 1 Sensor A)
I consulted with a few mechanics and they told me to park the car to avoid catastrophic engine failure.
Must have it towed to repair shop and have complete timing chain tensioner replaced with all updated parts.( Expensive ) how do I join this lawsuit?
My Audi A4, 2010 Timing chain skipped damaging valves and top block. I precisely asked in the last maintenance about concerns or possible actions to be taken when reaching the 160,000 and the Audi dealer confirmed my car had all upgraded parts and chains wont need to be replaced ever. I want to join the claim
My son bought a 2010 Tiguan with 88k on it. Something happened with the timing belt causing the oil to stop circulating and the engine is roached. Want to join this lawsuit.