Emily Sortor  |  May 16, 2018

Category: Consumer News

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Volkswagen has agreed to a settlement that would end a multidistrict litigation claiming that many vehicles’ engines have a timing chain tensioner that’s defective.

If approved, the potential VW settlement deal will resolve a two-year long multidistrict litigation.

Multiple class action lawsuits that were filed as early as May 2016 claim that a defect in Volkswagen vehicles engines, and engines in the company’s Audi brand, possess a defect that cause the engines to randomly fail, putting drivers and others at risk for injury or death. 

This settlement, if approved by the court, would cover the cost for many Volkswagen and Audi drivers to have their vehicles repaired. The proposed Class of drivers include anyone in the United States and Puerto Rico who purchased or leased one of a number of Volkswagen and Audi vehicles made between 2008 and 2014.

Volkswagen has agreed to extend warranties on the timing chains and timing chain tensioners in affected vehicles to cover the parts for 100,000 miles or for 10 years.

Under the terms of the proposed settlement, if the timing chain tensioner fails within 10 years or 100,000 miles, Volkswagen will reimburse drivers for the 100% of the cost of a new part if the driver has the repairs done at an authorized VW or Audi dealer.

However, if the vehicle owner has the timing chain tensioner fixed at an independent vehicle repair service center within the 10 years or 100,000 miles, VW will cover the cost of parts and labor up to $1,100.

Likewise, if a Class vehicle’s timing chain needs to be replaced or repaired within 10 years or 100,000 miles, Class Members will receive a refund of the entire cost of labor and parts if the car is taken to an authorized Audi or VW dealership.

Timing chain repairs or replacements that are performed on Class vehicles at an independent dealer will be covered up to $1,500.

If drivers need both the timing chain and timing chain tensioner fixed or replaced, Volkswagen has agreed to cover 100% of the total cost if the car is taken to an Audi or VW dealer.

Class vehicles that require both the timing chain and timing chain tensioner to be repaired or replaced will receive a refund of no more than $2,000.

According to the VW class action settlement terms, Class Members who need to replace or repair their engine because of the damage caused by the timing chain or timing chain tensioner will receive the following benefits:

The highest recovery for Class Members who take their vehicle to an independent service center for an engine repair is $6,500 and will be subject to the same mileage/time constraints presented in the table above.

The drivers state that in addition to the approved terms of the settlement, they will seek $2,500 awards for each of the named plaintiffs in the multidistrict litigation, as well as reasonable expenses and legal fees.

The drivers expressed their approval of the settlement, calling the proposed deal “an outstanding recovery for members of the settlement class.”

The representation for the drivers state that they “have reached the conclusion that the substantial benefits the settlement class members will receive as a result of this settlement [are] eminently fair, reasonable, and adequate, especially when compared to similar settlements and in light of the risks of continued litigation.” Now, the drivers and Volkswagen are awaiting preliminary approval of their proposed settlement deal.

According to the claims in the multidistrict litigation, the engine failure in many Volkswagen and Audi vehicles was caused by the chain tensioning system that would unexpectedly fail.

The VW class action lawsuits stated that “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.” Allegedly, this defect put drivers at a risk of collision, endangering their safety and the safety of others.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The drivers are represented by Carella Byrne Cecchi Olstein Brody & Agnello PC, Kessler Topaz Meltzer & Check LLP, Kantrowitz Goldhamer & Graifman PC, Thomas P. Sobran PC, Mazie Seater Katz & Freeman LLC, McCune Wright LLP, Seeger Weiss LLP and Baron & Budd PC.

The Volkswagen, Audi Engine Failure Multidistrict Litigation is In re: Volkswagen Timing Chain Product Liability Litigation, Case No. 2:16-cv-02765, in the U.S. District Court for the District of New Jersey.

UPDATE: September 2018, the Volkswagen timing chain defect class action settlement is now open.Click here to file a claim.UPDATE 2: On Dec. 7, 2018, amid Class Member objections, plaintiffs in a Volkswagen engine defect class action are trying to keep aproposed settlement deal alive.

 Plaintiffs in the Volkswagen class action emphasized to the court that there were only 43 objections to the proposed settlement.

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247 thoughts onVW Will Reimburse Drivers in Faulty Engine Class Action Settlement

  1. VW weary says:

    2009 Wolfsburg Jetta – I submitted all the paper work two months ago and have not heard a thing. Anybody have a clue as to response time to, at a minimum, respond to the submission of a claim. Thinking about re-sending before the deadline. I have two cars with the 2.0T engine and pondering at what point do I cut bait.

  2. CMF says:

    Our 2011 VW Tiguan reached exactly 120,000 and also experienced engine failure due to the tensioner issue. VW estimated that the cost to fix it would be $5,000 and noted that the car would then likely need additional monthly repairs. We decided to forego repairs and sell the car as-is for $2000 on peddle.com. I’m so disappointed in VW. This is a total scam and I hope the class- action helps those involved.

  3. Michael Clarkcis says:

    Why Can’t This repair be done before the problem happens

  4. Ginger Brinson says:

    Where’s the group that does not agree to this for me to join? My car blew at 105000. Scheduled maintenance is not until 120000.
    This current settlement is not right.

    1. Vicki Mathis says:

      Ginger, my situation is like yours.. i’m at 120000 and they won’t honor it either. So unfair, had they made the public aware of the problem when they found out i wouldn’t have exceeded the milage. I’m done with volkswagen.

  5. Tasha says:

    This class action is so unfair as mines failed at 102000 miles and I paid Volkswagen dealership $8500 to repair/replace and now I won’t get anything. That 2012CC was the worst car I ever bought cost me thousands of dollars with all repairs done at a Volkswagen dealership. The best thing was it was total loss in accident last june

  6. Jay says:

    This just happen to my 2011 Q5 over the weekend, had it towed to audi today and they said they would get back to me tomorrow. Has anyone had this happen after the settlement was reached, will audi now just fix it for me? Luckily only have 72k miles so covered in some regard, just concerned I will still have to pay x% if engine damaged as many people commented on.

    1. Asia Lashai Holliday says:

      This happen to my 2011 Audi Q 5 in the Summer of 2017. My Great Grandma helped me get that car and I tried to sign her up for a couple class action suits, but the lawyer’s wouldn’t take it. This has ruined her credit, because we had to surrender the car and it’s coming up as a repo. Please could anyone help us out? I can be reached via email at Holliday.a@gmail.com.

  7. Christian Tateo says:

    just feel lucky that you found out before the engine had a catastrophic failure. Unfortunately , since I chose to trade in the car for a pittance rather than spend $5k on an engine for a car worth $6-7k, I can’t be re-imbursed for my loss. Only repsir costs are being considered.

  8. Nick Wong says:

    My local dealership is advising me I have to wait for an actual failure to occur (or a CEL) before I can get my timing chain and tensioner serviced. However, when I took my car in for oil consumption recall about a year ago, they diagnosed my chain and tensioner at that time and advised me to change it.

    What is the official guidance supposed to be? What qualifies as an actual failure of the part?

  9. Johanna says:

    I have an Audi 2012 couple months ago my engine didn’t start I took it to the mechanic and he reaplaced the tensioners couple months later it broke down again now has 110k and is parked in my garage and I still making payments

    1. Bryan says:

      my engine just seized a couple of days ago because of this issue as well, took it to get rear main seal replaced, got it back with the check engine light on and when i asked why it was still on or if they were aware then they said “we knew what the problem was so we did not diagnose”. Great way to spend $1,400 to get your car back and then seize a month and a half later

  10. Jose says:

    What happens if my vehicle does this in the future? Will VW pay the cost or will I have to get refunded?

    1. Jennifer says:

      It just happened to me. I have a 2012 beetle and 106,000 miles. My car check engine light came on, literally was driving to take it in and it quit and would not start. Had it towed and they said it was the timing chain. Now they say they will give me $1500 toward a new car or $1500 to have a new engine put in that will run $10,000. My car with the mileage alone if running is worth $8K.
      This is a joke and a rip off. If they know there is a timing chain issue it should be covered period. Now I have a car worth zero.

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