— A Ferrari brake recall allegedly failed to properly repair vehicles in California which are allegedly dangerous to drive even after recall repairs were performed.
The California class action lawsuit was filed by Ferrari owner Iliya Nechev who purchased a used 2010 Ferrari 458 Italia in December 2020.
The Ferrari lawsuit includes:
"All persons or entities in the state of California who purchased or leased a Class Vehicle."
The California class action further includes:
"All Ferrari vehicles that are equipped with a braking system that may rupture and/or be subject to a leakage type of failure in any component of the service brake system, causing a partial or total loss of braking capability, including, but not limited to (1) vehicles containing the Defective Master Cylinder/Brake Booster Assembly; or (2) vehicles subject to the Cap and Warning Repair."
Specifically, these vehicles are affected by the Ferrari brake class action lawsuit.
- 2016-2019 Ferrari 488 Spider
- 2019-2020 488 Pista Spider
- 2010-2015 Ferrari 458 Italia
- 2014-2015 Ferrari 458 Speciale
- 2008-2009 Ferrari 430 Scuderia
- 2005-2009 Ferrari 430 Spider
- 2022 Ferrari 812 Competizione
- 2005-2009 Ferrari 430
- 2005-2011 Ferrari 612 Scaglietti
- 2009-2017 Ferrari California
- 2010-2011 Ferrari 612
- 2012-2016 Ferrari FF
- 2013-2017 Ferrari F12 Berlinetta
- 2013-2015 Ferrari LaFerrari
- 2015-2017 Ferrari California T
- 2016 Ferrari F60 America
- 2017 Ferrari F12 TDF
- 2020-2022 Ferrari F8
- 2016-2019 Ferrari 488 GTB
- 2012-2015 Ferrari 458 Spider
- 2015 Ferrari 458 Speciale Aperta
- 2005-2009 Ferrari 430 Coupe
- 2009 430 Scuderia Spider
- 2005-2009 Ferrari 430 Spider
- 2020-2022 Ferrari 812
- 2018-2022 Ferrari 812 Superfast
- 2020-2021 Ferrari 812 GTS
- 2017 Ferrari LaFerrari Aperta
- 2017-2020 Ferrari GTC4 Lusso
- 2018-2020 Ferrari GTC4 Lusso T
- 2019-2022 Ferrari Portofino
- 2020-2022 Ferrari 812
- 2019-2020 Ferrari 488 Pista
- 2020-2022 Ferrari F8 Spider
- 2020-2022 Ferrari F8 Tributo
- 2021-2022 Ferrari Roma
The first Ferrari brake recall was issued in October 2021 for certain Ferrari 458 and Ferrari 488 cars because of brake fluid leaks that could cause a partial or total loss of braking.
Ferrari said it learned of a potential brake problem in March 2021 after a 2018 Ferrari 488 GTB had experienced a brake failure in the U.S.
Ferrari and parts supplier Bosch were trying to determine a root cause for the brake fluid leaks, and when the recall was announced Ferrari didn't know how the cars would be repaired.
Though Ferrari said in October 2021 it didn't know the root cause of the problem, the plaintiff who sued asserts the automaker has known since 2015 about defective brake master cylinders and brake boosters.
According to the California Ferrari class action, the master cylinders and brake booster assemblies are defective.
In July 2022, the Ferrari brake recall was expanded to include more models after engineers from Ferrari and Bosch determined the brake fluid leaks occurred due to brake fluid reservoir caps.
Ferrari told the government the brake fluid reservoir caps may not vent properly which creates a vacuum inside the brake fluid reservoir.
The second Ferrari brake recall involved dealers replacing the brake fluid reservoir cap to ensure the proper ventilation of the braking system. Dealers were also told to update the software to provide new warning messages for low brake fluid levels.
The Ferrari brake recall involved "updating the instrument panel warning to urge the driver to get towed to the nearest Ferrari dealer if the vehicle’s brake fluid level should be reduced to less than approximately 50 percent of the reservoir’s capacity."
However, the Ferrari owner who filed the class action lawsuit contends he "has reason to believe that the cap replacement may have the effect of making the vehicles more dangerous and more prone to brake failure."
The plaintiff also alleges Ferrari and Bosch have failed to warn owners about the full extent of the brake problems.
Ferrari Brake Lawsuit — The Plaintiff
California plaintiff Iliya Nechev says Ferrari brake problems "came close to [causing] an accident several times."
The plaintiff says he decided in April 2021 that his car needed to be repaired, "so he ordered hoses with integrated check valves, along with a new brake booster and master cylinder."
He contends he first replaced the vacuum line "which had to be snaked behind the engine and around the alternator," which he says, "was not an easy task, and it ultimately did not repair the issue in his Class Vehicle."
Believing the problem was master cylinder failure, he says he had to "dissemble the front end of his vehicle to reach the master cylinder/brake booster assembly."
The plaintiff says the master cylinder seal can leak brake fluid into the brake booster and damage the diaphragm inside.
He alleges he found a small pool of brake fluid leaked by a failed master cylinder seal.
"Once those parts were replaced, Plaintiff reassembled the front end of his Class Vehicle and went for a test drive. Plaintiff found that after replacing the master cylinder/brake booster assembly, he no longer experienced issues with braking capability." — Ferrari brake lawsuit
According to the brake lawsuit, the plaintiff sent Ferrari an invoice for his expenses once the vehicle was recalled, but "Ferrari did not reimburse Plaintiff for any of the costs or damages associated with his Class Vehicle."
The California Ferrari brake class action lawsuit was filed in the U.S. District Court for the Southern District of California: Iliya Nechev v. Ferrari North America, Inc., et al.
The plaintiff is represented by Cuneo Gilbert & LaDuca, LLP, Haeggquist & Eck, LLP, Burger Law, LLC, Carella Byrne Cecchi Brody Agnello, P.C., Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
