The Class Action
In the Class Action filed in 2007, Plaintiff alleges that VW knowingly concealed, suppressed and omitted to disclose to consumers that Class Vehicles contained defectively designed timing belt tensioners, timing belts and/or associated parts (”timing belt system”), and that VW failed to disclose and/or misrepresented the appropriate service interval for replacement of the timing belt system in Settlement Class Vehicles. VW has denied any defect, wrongdoing or liability whatsoever and deny that this lawsuit could properly be certified as a class action for trial.
Has yours snapped yet?
Mine did. And it was a thoroughly sickening and indignant episode that occurred during an extremely heavy commute time, on a dangerous and well-traveled curve in the road, along one of the most congested streets in all of San Francisco.
It was into my fourth year of ownership and under 80K miles when the belt decided to give — and from that point on, there would be a whole lot of givin’ going on: to the tune of $5,000+ in total repair costs paid to my beaming Audi representative, who claimed there was nothing that could be done by way of compensation from Audi since I was out of warrranty.
And there were many unlucky members of this particular Audi Club.
Unsettlingly, Audi has known about these problems since as early as July of 2005, but has refused to take action, claiming instead that the company was “not obligated to inform customers until the extent of the problem had been fully determined.”
Well, this eagle has landed: The belts are inherently bad, thoroughly flawed, and embarrassingly weak in construction. I’d say it HAS been determined that these particular Audi & Volkswagen timing belts have some serious, and potentially life-threatening defects.
The recent Olson vs. Volkswagen of America Class Action Suit is underway, and full details of the settlement can be found here:
http://www.timingbeltsettlement.com.
The Dirty Details
A Settlement has been proposed in a class action lawsuit against Volkswagen of America, Inc. involving all persons or entities which, on or before May 19, 2008, owned or leased a model year 2000, 2001, 2002 and/or 2003 Audi A4 or Audi TT or a model year 1999 Volkswagen Passat vehicle equipped with a 1.8 liter turbocharged engine sold or distributed in the United States by Volkswagen of America, Inc. through its unincorporated division “Audi of America, Inc.”
The proposed Settlement reimburses applicable Class Members for losses due to covered timing belt failures, including damage to the engine and related reasonable out of pocket expenses, provides an extended warranty, free inspection of the timing belt (where applicable) and updates the owner’s manual.
What to expect?
- If you haven’t received your notification in the mail from Audi, call 1-877-465-4899 and let them know that your vehicle meets the guidelines of the settlement. Don’t delay.
- Once you receive your documentation, fill it out (include repair receipts) and mail it in.
- Someone will get back to you within 60 days.
- VW must make payments under the Reimbursement Program within 30 days of the date on which the order of the Court finally approving the Settlement is not subject to any appeal or the Settlement Administrator’s receipt of the claim, whichever shall be later. Under applicable court rules, the earliest deadline for these payments is January 2, 2009.
- Bottom line: you’re either entitled to a free inspection of your current timing belt, or a reimbursement of the damage incurred to your car as a result of a timing belt breakage.
More to come.
It happened to me too. The belt on my 1999 Passat wagon went out at 81,000 miles on the 5 South Freeway (Los Angeles) in a.m. rush hour (yes, we do tend to remember these details). A VW dealership told me it would be over $5,000 to fix it. I took it to an independent VW mechanic who did the work for $2,200 and I had to pay over $400 for a rental car and $330 for VW dealership to “diagnose” the problem (I’m not kidding). It would be wonderful if I could be reimbursed for this. I’m really hoping the settlement reps won’t find a loophole.
Late July with 95,000 miles I was on the freeway, driving to work at 5 a.m. when the car surged and I had to coast to the shoulder. I took it to my mechanic that does the maint. on it and he found that the timing belt had broken. It took many days to repair the damage caused by this, including ALL 20 VALVES, and much , much more. I hope that this doesn’t happen to anyone else. It was very expensive, and unnecessary.
It recently happened to my 2002 A4 Audi. We bought the vehicle used at a little over 74,000 miles. As of right now Im trying to find out whether or not the dealership did a overall inspection of the vehicle. i do know it was serviced from a carfax report and it has been serviced since. The timing belt snapped and caused extensive damage to the vehicle at 102,000 miles. currently the vehicle is tied up at an audi dealership. they are trying to find out if the vehicle was inspected at the 80k mark and were not sure. any suggestions?
I have a Voltswagon Beetle 2 that had an Audi belt that
the teeth broke out of.
My 99 Passat recently broke down on the highway as well (within a month after receiving the Class Action Lawsuit notices). The only dealership here in OK said it was the timing belt tensioner/timing belt (for $4,462.85) and I needed to provide inspection receipts for 40k and 80k. Granted they were not from the VW dealer, but from my own mechanic. VW has denied the claim because the inspections “don’t state that the belts and tensioners removed and inspected, just checked”.
The lawsuit doesn’t pay for anttorney fee’s but it’s worth it to me to pay $500 or so to possibly get them to step up to the plate.
Any other advice would be great! Good luck to everyone else.
My 01′ TT (225hp Quatro)
was making funny noises under the hood. (Marchish 07′) Figuring I was due for a timing belt change anyway, I set an appointment at the local dealer (I always get dealer service)
So, on my way to bring it to the dealership to get the timing belt replace (91K miles) litterally less than a half mile from the dealership it broke.
I had a friend trailer it the last half mile. They said it would cost $800 to diagnose to know for sure how many valves were bent. But it could cost up to $5500.
So I sold it as a repairable for well over $5500 less than it was worth.
I talked too the attorney on the case a couple months ago, and they confirmed that I was still elligable since I encured a loss. So I sent in my evidence and request for payment as required.
They got back to me with a card in the mail saying the final hearing was set for Nov. 4th 08′
Cross your fingers everyone.
Sure would be nice to get my money back.
Mr. Kelly
NOVEMBER 2008 UPDATE REGARDING FINAL APPROVAL OF SETTLEMENT
On November 3, 2008 counsel for Volkswagen and the class attended the final approval hearing. One of the 29 class member objectors also attended the fairness hearing. The court deemed the objection of the attending class member “well taken” and stated that it was not going to “presently approve the settlement without prejudice.”
As a result, the distribution of reimbursement monies to those class members who submitted claims cannot proceed at this time. Both Class Counsel and the attorneys for Volkswagen are working together to address the objector’s concerns .
A copy of the minute order, served on November 10, 2008, is can be downloaded http://www.psswplaw.com/CM/Custom/Order%20Denying%20Final%20Approval.pdf
If you have additional comments regarding the settlement, letters can be sent, e-mailed or faxed to PSSW&P
So what happens now?
I have a 2001 TT Roadster. I had the timimg belt break on me and am part of this class action. I’ve read the minute order but it’s pretty vague. Does anyone know what the objection was?
Found an update:
NOVEMBER 20, 2008 UPDATE REGARDING FINAL APPROVAL OF THE SETTLEMENT
On November 20, 2008, Pearson, Simon, Soter, Warshaw & Penny, LLP filed a Motion for Reconsideration of the Court’s November 3, 2008 Order denying final approval of the settlement. The hearing is currently scheduled for December 15, 2008.
Additionally, we are pleased to confirm that the objector who appeared before the Court has agreed to withdraw his objection. We will provide you with an update after the Court rules on the Motion for Reconsideration.
Thanks Lu!
How are you getting your information? I haven’t received one thing on this since I mailed my receipts and letter to them. I just finally googled ‘audi timing belt lawsuit’ and found you.
I am a member of the class and a KS attorney and have been staying in contact with attorneys for the class in CA since November, 2008. I don’t represent the class, and cannot provide legal advice to you, but I have some information you would want to know.
The motion for reconsideration was heard yesterday (December 15, 2008). The court gave the required final approval of the settlement. This was what I had wanted to happen on Novenber 3, 2008, but didn’t becuase the court was apparently persuaded by an objection by a member of the class who showed up at the hearing. That objection was subsequently withdrawn.
Next, the court has to prepare a written order and file it before the approval becomes effective. The effective date of final approval of the settlement triggers some deadlines for payment in the the settlement agreement - you can refer to it for more details.
The court granted final approval of the class settlement on December 15′th
The lawyers haven’t received it as yet but once they receive the signed documents…it should be public…
Great News !!!!
well, hi admin adn people nice forum indeed. how’s life? hope it’s introduce branch