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A class action lawsuit filed by 24 plaintiffs from 17 different states alleges that Volkswagon and Audi hid a known engine defect from purchasers of certain 2008 through 2013 model cars. The complaint asserts, “Defendants wrongfully and intentionally concealed a defect in the timing chain system” of VW & Audi vehicles with an EA888 engine.
According to the Audi and VW engine defect class action lawsuit, the hidden defect “presents a significant safety risk” because “when the Timing Chain System suddenly and unexpectedly fails, Class Vehicles lose engine power” and “drivers and occupants of the Class Vehicles are at risk for rear-end collisions and other accidents.”
This most recent VW and Audi class action lawsuit over an alleged timing tensioner hidden defect joins two previous lawsuits with similar allegations against both car manufacturers from May of this year. The first Volkswagen lawsuit was filed by a plaintiff from New Jersey who alleges that his 2012 VW Jetta timing chain failed from because of the latent defect. The second lawsuit was filed by a plaintiff from Connecticut who claims that his 2011 Volkswagen GTI catastrophically failed because of the same defective timing chain tensioner system.
Like the previous lawsuits, this class action alleges that a latent defect in the tensioner system of the timing chain can cause the chain to “jump a tooth” in the vehicle’s camshaft, which causes serious and sometimes fatal damage to the engine. The complaint contends that the defect is impossible for car owners to discover, but Audi and Volkswagen knew of the tensioner system problem since at least June 2010. Normally, the timing chain is meant to function perfectly for at least 120,000 miles, the class action states, because the system is not on the schedule for recommended maintenance from the manufacturers. However, with the defective tensioner, the timing chain frequently fails well before that mark, but often after the warranty has expired.
The class action lawsuit alleges that Audi and Volkswagen failed to inform customers of the latent defect prior to purchase or lease of the affected vehicles. In Addition, “Defendants refused to fully reimburse or compensate certain Plaintiffs for vehicle repair expenses or provide a suitable substitute or replacement vehicles” to fix or reimburse consumer who were affected by the engine defect.
The latest VW & Audi engine defect lawsuit requests to certify a Class of all persons “in the United States who purchased, own, owned, lease or leased a 2008 through 2013 model year 2.0L TSI or 2.0L TFSI VW or Audi vehicle containing the defective Timing Chain System.” The complaint asserts that Audi and Volkswagen violated the consumer protection laws of Arkansas, California, Colorado, Connecticut, Florida, Illinois, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, and Washington, and asks for subclasses for residents of those states. The lawsuit seeks restitution, including treble damages and punitive damages under various state consumer protection laws.
The 24 plaintiffs are represented by James E. Cecchi and Lindsey H. Taylor of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman, P.C., Joseph H. Meltzer, Peter A. Muhic, Melissa L. Troutner, and Ethan Barlieb of Kessler Topaz Meltzer & Check, LLP, and Thomas P. Sobran of Thomas P. Sobran, P.C.
The VW & Audi Engine Defect Class Action Lawsuit is Dena Stockalper, et al., v. Volkswagen Aktiengesellschaft, et al., Case No. 2:16-cv-04346, in the U.S. District Court for the District of New Jersey.
UPDATE: 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 2: September 2018, the Volkswagen timing chain defect class action settlement is now open. Click here to file a claim.
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188 thoughts onVW, Audi Hit With Third Class Action Over ‘Hidden’ Engine Defect
how do we get add to the lawsuite
I have a 2011 Q5 suffered bent intake valves from the tensioner failure. I removed the head myself to see how much damage was done. I am about to have the engine assembled following rebuild on the head. I would like to be included in this law suit if possible.
I would also like to be added to this lawsuit. I owned a 2006 Audi A4 Quattro 2.0…cars engine locked up on highway at 75k. Took it to the dealership and said it was a timing chain issue and they would not cover it as the warranty was over. I spent $11,000 to replace engine and turbos that were affected by this. I will never purchase another Audi much less do any business with this company!! Owned the car for an additional four years to once again find out water pump and timing chain were failing! Best decision was getting out of that piece of junk!
I want to be added to the lawsuit. I have a 2011 Cc. Same exact situation. Tensioner went out/ causing bent valves/ failing timing chain/ need new engine! Just at 50,000 miles!
Hey buddy, I just got my letter.. I sent in my copies & paperwork I spent over $8500 to replace my engine!!! I was mad AF!! My car only had 53,000 miles at the time I brought it in 2014 only had 41,000 at the time, so I only put 12,000 miles on it & the engine go!!!! I’m do e with Vw
Also mines is a 2012
I have a 2011 Tiguan with 90k miles in need of a new engine because of this issue. How do I get included in this lawsuit?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I have a 2010 tiguan in the shop right now needing a new engine because of this issue. How do I get involved with reembursment? Less then 70k miles
Hello, my name is Felix, I have a 2011 VW GTI, I purchased with 43k now I’m at 75k. The Tensioner has not failed but I have this gut feeling is coming soon, VW is asking for $2k to replace the tensioner, guides and chain. How do I get in the lawsuit and will it cover my car even tho it has not have the tensioner Gail yet
Hello I am Jett, 17 years old and not so proud owner of the 2009 Volkswagen CC, I purchased this car with ~89,000 miles with help of my parents using a loan to finalize getting my this two faced car. On that note 5 months later I take it to my local mechanic for them to tell me the timing chain was off and caused the valves to drop into the pistons of my car and completely jacked up my engine (just for them to find this problem it costed just over $300.) This was only after I brought it to the my local VW dealership and they ran an extensive diagnostic and found no problems with my engine ($200 later and still no fix.) I have had to get this car towed twice and still have 4/5 years left on this loan and 4/5 years I have to pay full insurance on this vehicle. This problem has caused much needed money with the short hours I work to vanish and left me still with no vehicle, not only that but caused my parents extraneous amount of unneeded stress and countless hours to have nothing solved, I hope that someone will see this and be able to reach out so I can better explain my situation with this baloney situation. Thank you.
We all should be receiving claim forms. To be compensated you will need to submit invoice with proof of work done and maintenence records. The reimbursement amount will be based on mileage and age of the car. Those over 100K miles will not receive anything. Between 85K and 100K you will be reimbursed 45%-25% of costs depending on age of vehicle. 75K-85K: 60%-40% of costs. 60K-75K: 70%-50%. Less than 60K: 100%-60%
Do we just wait to be contacted? I have no transportation as of 1 month ago!
I want to be added to this lawsuit. I have a 2010 A5 cabriolet that required over $10,000 worth of repairs as a downstream result of this same timing chain defect. Despite specifically mentioning this hidden defect and the class action suit, the dealer refused to accept responsibility. While they offered to pay for part of the repair because I had been a faithful and good Audi customer (does that mean stupid fool who spent a lot of money in maintenance and repairs?) they threatened to withdraw that offer if I made any disparaging remarks about Audi.