Volkswagen will settle a class action that claims its Touareg SUVs have a water drainage problem. According to the lawsuit, the vehicles have drain valves that do not allow proper water drainage from the engine compartment. This allows water to collect in the bottom of the air boxes where it can damage air filters. Or it can enter engines and cause sudden engine failure.
Although Volkswagen agrees to settle the case, it denies the water drainage problem exists.
Applicable Vehicles:
According to a May 27, 2021, filing, the proposed settlement class is, with certain exceptions:
All persons and entities that purchased or leased any model year 2015-2017 Volkswagen Touareg vehicle imported and distributed by Volkswagen Group of America, Inc. in the United States and Puerto Rico.
What the Settlement Provides:
The terms of settlement include:
- A service action to enable a present owner or lessee of a settlement class vehicle to have the drain valve removed by an authorized VW dealer without charge, along with new air filter installation if necessary;
- reimbursement of out-of-pocket expenses for covered repairs; and
- attorney fees’, costs, and expenses of up to $775,000.
Lawsuit History:
The lawsuit began in August 2018. Subsequently, the magistrate judge encouraged the parties to attempt to negotiate a settlement. Ultimately, the parties were able to do so, with the assistance of a mediator.
The plaintiffs have asked the court to preliminarily certify the proposed settlement class, approve the proposed settlement, and schedule a final fairness hearing.
The case is Crandell, et al. v. Volkswagen Group of America, Inc., et al., case number 2:18-cv-13377-MF. It is in the United States District Court for the District of New Jersey.