Volkswagen, Audi Class Action Settlement Aims to Resolve Turbocharger Defect Lawsuit
Kimball v. Volkswagen Group of America, Inc. et al.
Filed: June 21, 2022 ◆§ 2:22-cv-04163
A settlement aims to resolve a class action filed on behalf of Volkswagen and Audi drivers whose vehicles have allegedly defective engine turbochargers.
A motion has been submitted for preliminary approval of a settlement that aims to resolve a proposed class action lawsuit filed on behalf of hundreds of Volkswagen and Audi drivers whose vehicles have allegedly defective engine turbochargers.
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If approved by the court, the deal will provide reimbursement to current and former owners or lessees of certain Volkswagen and Audi vehicles distributed by Volkswagen Group of America, Inc. in the United States and Puerto Rico. Covered vehicles include those equipped with Generation 1, Generation 2 or Generation 3 EA888 engines and whose specific vehicle identification number (VIN) is included in the settlement.
Vehicles covered under the VW turbocharger settlement may include the following Volkswagen models:
- 2008-2021 VW GTI;
- 2008-2019 VW Golf R;
- 2012-2013 VW Beetle;
- 2009 VW Jetta Sportwagen;
- 2008-2013 VW Jetta Sedan;
- 2008-2013, 2019-2024 VW Jetta GLI;
- 2009-2016 VW Eos;
- 2008-2010 VW Passat;
- 2009-2017 VW CC;
- 2009-2018 VW Tiguan;
- 2015-2018 VW Golf;
- 2015-2019 VW Golf Sportwagen and Alltrack;
- 2019-2021 VW Arteon;
- 2018-2023 VW Atlas; and
- 2020-2023 VW Atlas Cross Sport.
Vehicles covered under the settlement may include the following Audi models:
- 2008-2009, 2015-2020 Audi A3;
- 2015-2024 Audi Q3;
- 2009-2014 Audi A4;
- 2010-2014 Audi A5;
- 2013-2015 Audi A6;
- 2011-2014 Audi Q5; and
- 2011-2012, 2016-2023 Audi TT.
If you’re unsure whether your vehicle is covered, you’ll be able to enter its VIN on the official settlement website (which is not yet live) to find out.
ClassAction.org will update this page when the official Volkswagen turbocharger settlement website goes live.
According to court documents, class members may be entitled to reimbursement for unreimbursed out-of-pocket expenses associated with certain turbocharger repairs or replacements.
In order to be reimbursed, class members must file a timely, valid claim form online or by mail. Claims must be submitted with supporting documentation, such as a written estimate, invoice or proof of payment.
Covered Volkswagen and Audi drivers who submit a timely, valid claim form can receive 50 percent reimbursement for one repair or replacement of a failed or malfunctioned turbocharger, depending on the documented reason for the repair or replacement.
Repairs or replacements must have been performed within 8.5 years or 85,000 miles (whichever occurred first) from the class vehicle’s in-service date.
If a class member’s proof of repair expense documentation does not specify the reason for the turbocharger repair or replacement, reimbursement will be limited to 40 percent.
Payments will be capped at $3,850 if the repair was not performed by an authorized Volkswagen or Audi dealer.
The Volkswagen turbocharger settlement also provides a warranty extension for class members who drive a covered vehicle with a Generation 3 engine. The warranty extension will cover 50 percent of the cost of a turbocharger repair or replacement by an authorized Audi or Volkswagen dealer for a period of 8.5 years or 85,000 miles from the vehicle’s in-service date, whichever occurs first, if the cause of the failure or malfunction was that the wastegate failed due to fork head and/or link pin corrosion.
For Generation 3 class vehicles over 8.5 years old as of the date that notice of the settlement is mailed to class members, the warranty extension will be up to 60 days after the notice date or 85,000 miles from the vehicle’s in-service date, whichever occurs first.
Court documents state that notice of the class action settlement will be issued to eligible class members within 100 days following preliminary approval of the deal.
Initially filed in June 2022, the Volkswagen class action lawsuit claimed the automakers “wrongfully and intentionally” concealed a defect from consumers that could cause their vehicle’s engine turbocharger to fail prematurely at any time. Drivers have been unfairly forced to pay thousands out of pocket to repair or replace the faulty part, the filing alleged.
Learn all about the legal process: What is a class action lawsuit?
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