— An Audi and Volkswagen turbocharger class action settlement has been reached between the owner who sued and Volkswagen.
Plaintiff Julie Kimball leased a 2010 Audi A4 in 2009 and purchased the vehicle in 2012. But seven years later and with more than 63,000 miles on the vehicle, the Audi A4 turbocharger failed and she paid about $3,000 for a turbocharger replacement.
The VW lawsuit alleges the turbochargers fail due to:
“[E]xhaust gas pulsations and vibrations within the turbocharger housing, wastegate linkage geometry and absence of adequate bushings, utilization of inadequate wastegate linkage fabrication materials including but not limited to dimensional construction and heat treatment.”
The plaintiff contends she is sure the problems are “substantially certain” to cause the Audi and Volkswagen turbochargers to fail. In addition, Volkswagen allegedly knew the turbochargers would fail when the vehicles were first sold, but the automaker concealed the defects.
The VW turbo lawsuit was originally filed in 2022 and was dismissed by the judge in 2023. But the judge allowed the plaintiff to change and refile her turbo class action lawsuit three times.
Volkswagen EA888 Engine Turbo Lawsuit Settlement
Although Volkswagen agreed to settle the turbo class action lawsuit, the automaker denies all allegations brought in the lawsuit.
According to the turbo settlement, the vehicles are broken down into Generation 1, Generation 2 or Generation 3 vehicles equipped with EA888 engines.
Generation 1 Volkswagen EA888 Engines:
- 2008-2014 VW GTI and Golf R
- 2012-2013 VW Beetle
- 2009 VW Jetta Sportwagen
- 2008-2013 VW Jetta Sedan and GLI
- 2009-2016 VW Eos
- 2008-2010 VW Passat
- 2009-2017 VW CC
- 2009-2018 VW Tiguan
- 2008-2009 Audi A3
- 2015-2018 Audi Q3
Generation 2 Volkswagen EA888 Engines:
- 2009-2014 Audi A4
- 2010-2014 Audi A5
- 2013-2015 Audi A6
- 2011-2014 Audi Q5
- 2011-2012 Audi TT
Generation 3 Volkswagen EA888 Engines:
- 2015-2018 VW Golf
- 2015-2021 VW GTI
- 2015-2019 VW Golf R
- 2015-2019 VW Golf Sportwagen and Alltrack
- 2019-2024 VW Jetta GLI
- 2019-2021 VW Arteon
- 2018-2023 VW Atlas
- 2020-2023 VW Atlas Cross Sport
- 2015-2020 Audi A3
- 2019-2024 Audi Q3
- 2016-2023 Audi TT
Audi and Volkswagen Turbo Warranty Extension
The class action settlement says there is a turbocharger warranty extension for current owners and lessees, but it applies only to Generation 3 vehicles. Not only are Generation 1 and Generation 2 vehicles not included in the turbo warranty extension, even Generation 3 customers will still be stuck paying 50% of the cost.
According to the Volkswagen lawsuit settlement, a customer must pay 50% of the cost of repair or replacement of the turbocharger and Volkswagen will cover 50% if the work is performed by a dealer. But the Audi or VW turbo must have failed because the wastegate failed due to fork head and/or link pin corrosion.
The VW turbocharger warranty extension will be for a period of up to 8.5 years or 85,000 miles from when the vehicle first went into service. This means that for some older vehicles, the extended warranty has already expired before the settlement has even been finalized.
If this is the case, the turbo settlement says the warranty extension duration for that vehicle will be extended until 60 days after the settlement notice date, or 85,000 miles from vehicle’s the in-service date, whichever occurs first.
"The Warranty Extension shall not cover or apply to turbocharger/wastegate failures or malfunctions due to abuse, misuse, alteration or modification, lack of proper maintenance, a collision or crash, vandalism and/or other impact, or damage from an outside source." — Volkswagen turbo lawsuit settlement
Audi and Volkswagen Turbo Replacement Reimbursement
This applies to Generation 1, Generation 2 and Generation 3 vehicles equipped with EA888 engines, and applies to one turbo repair or replacement per vehicle.
The VW turbo class action lawsuit settlement provides reimbursement for certain past out-of-pocket expenses paid by a customer, but only up to 50% reimbursement.
The customer must have paid for turbo repairs or replacements prior to the class action lawsuit settlement notice date and within 8.5 years or 85,000 miles from the date the vehicle first went into service.
But pay attention to the details based on the Generation.
For a Generation 1 or Generation 2 vehicle, the past paid turbocharger repair or replacement must have been "due to the wastegate having no longer functioned properly because of wear at the link plate and pin."
For a Generation 3 vehicle, the past paid turbocharger repair or replacement must have been "due to the wastegate having failed because of fork head and/or link pin corrosion."
However, if the proof of repair expense documentation does not specifically say the reason for the paid turbo repair or replacement, Volkswagen will cover only 40% of the expense.
The Audi and Volkswagen turbo class action lawsuit settlement will require a customer to provide, “Proof of Adherence to Maintenance Requirements.”
This means a customer must provide the original or legible copies of documents or records to show, "adherence to the oil maintenance aspects of the Settlement Class Vehicle’s maintenance schedule set forth in the Warranty and Maintenance Booklet during the time he/she/it owned and/or leased the vehicle up to the date/mileage of the covered repair or replacement, within a variance of ten percent (10%) of each scheduled time and mileage oil maintenance interval."
"If, however, the Settlement Class Member is unable to obtain said documents or records despite a good faith effort to obtain them, the Settlement Class Member may submit a Declaration, signed under penalty of perjury, detailing: (i) the good faith efforts that were made to obtain the records including why the records are not available, and (ii) attesting to adherence to the oil maintenance aspects of the vehicle’s maintenance schedule during the time he/she/it owned or leased the vehicle, up to the date and mileage of the covered repair or replacement, within the ten percent (10%) variance set forth above."
Nothing is official yet as the Volkswagen turbo lawsuit settlement must still be granted preliminary approval then final approval by the judge. CarComplaints.com will update our website when more details are released.
The Audi and Volkswagen turbocharger lawsuit was filed in the U.S. District Court for the District of New Jersey: Julie Kimball v. Volkswagen Group of America, et al.
The plaintiff is represented by Kantrowitz, Goldhamer & Graifman, P.C., and Thomas P. Sobran PC.
