Engine Water Pump Class Action Settlement

According to Volkswagen Group of America, Inc.'s records, you are a current or past owner or lessee of a Volkswagen or Audi vehicle with a 2.0L EA888 engine of the following model/model years whose Vehicle Identification Number (VINs) is contained in the VIN lookup database:

*Subject to confirmation that your Vehicle Identification Number (VIN) is covered by the Settlement and that your vehicle is one of the Settlement Class Vehicles. To verify if your VIN is covered by the Settlement click here.

A class action lawsuit was filed claiming that there was a defect that caused some primary engine water pumps ("water pump") in the Settlement Class Vehicles to fail prematurely, sometimes requiring repair or replacement. The defendant, Volkswagen Group of America, Inc., has denied the plaintiffs’ claims and maintains that the water pump is not defective, that it functions in a proper manner, that no applicable warranties were breached nor applicable laws violated, and that defendant did not engage in any wrongdoing.

The court has not decided in favor of either side. To resolve this dispute, in exchange for the benefits summarized below, the parties have agreed to compromise and settle all issues and claims that were or could have been brought by or on behalf of plaintiffs and the members of the Settlement Class which arise from or relate to the primary engine water pump in Settlement Class Vehicles. The following benefits will be available to qualifying Settlement Class Members under the Settlement:

I. Warranty Extension for Current Owners or Lessees

Effective on December 2, 2019, Volkswagen Group of America, Inc. will extend its New Vehicle Limited Warranties applicable to the Settlement Class Vehicles to cover repair or replacement of a failed primary engine water pump, by an authorized VW or Audi dealer (as applicable to the brand of vehicle), during a period of ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle. To have a repair or replacement performed under the Extended Warranty, the Settlement Class member must submit, to the authorized dealer, Proof of Adherence to the Vehicle's Maintenance Schedule, during the time you owned or leased the vehicle, relevant to the function of the coolant system (including use of the specification of coolant fluid recommended by VW or Audi, depending on the brand of vehicle), within a variance of ten percent (10%) of the scheduled time/mileage requirements (hereinafter, “Proof of Adherence to the Vehicle’s Maintenance Schedule”). The Extended Warranty will include the water pump and all parts and labor necessary to effectuate that repair.

The Extended Warranty will also include a percentage of the cost of repair or replacement (parts and labor), by an authorized VW or Audi dealer (depending on the brand of vehicle), of a damaged or failed engine of a Settlement Class Vehicle that is directly caused by the failure of the vehicle's primary engine water pump, during the aforesaid period of ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the Settlement Class Vehicle's In-Service Date, subject to the following percentage limits based upon the age and mileage of the vehicle:

* For Volkswagen Settlement Class Vehicles in which the New Vehicle Limited Warranty period is 5 years or 60,000 miles (whichever occurs first) from the In-Service Date, the percentage of coverage shall be one hundred percent (100%) for repair or replacement occurring within the said 5 years or 60,000 miles (whichever occurs first) warranty period.

This part of the Extended Warranty is also subject to the same requirement that the Settlement Class member submit, to the dealer, Proof of Adherence to the Vehicle's Maintenance Schedule relevant to the function of the coolant system (including use of the specification of coolant fluid recommended by VW or Audi, depending on the brand of vehicle), within a variance of ten percent (10%) of the scheduled time/mileage requirements during the time you owned or leased the Settlement Class Vehicle.

The Extended Warranty is subject to the same terms and conditions set forth in the Settlement Class Vehicle's New Vehicle Limited Warranty and Warranty Information Booklet. Repair or replacement under the Extended Warranty must be performed by an authorized VW or Audi dealer. The Extended Warranty is fully transferable to subsequent owners.

The Extended Warranty will go into effect on December 2, 2019. If the water pump fails on or after that date and within ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle, the Settlement Class Member may take the vehicle to an authorized VW or Audi dealer, as applicable, for repair pursuant to the terms of the Extended Warranty.

The Settlement affords a 20-day grace period from the December 2, 2019 date in which the Extended Warranty goes into effect. That grace period expires on December 22, 2019. If a water pump failure occurs after December 22, 2019, then in order to obtain the benefit of the Extended Warranty, the Settlement Class Member is required to take the vehicle to an authorized VW or Audi dealer (depending on the brand of vehicle) for repair pursuant to the terms of the Extended Warranty, regardless of whether the repair or replacement is for the primary engine water pump, and/or for a damaged or failed engine that is directly caused by the failure of the primary engine water pump. There will be no reimbursement under Sections II and/or III below for any out-of-pocket costs or expenses of any repairs or replacements performed after December 22, 2019, the remedy intended under that circumstance being that the Settlement Class Member bring the Settlement Class Vehicle to the VW or Audi dealer, which will make the covered repair or replacement in accordance with the terms of the Extended Warranty.

II. Reimbursement for Out-of-Pocket Expenses for Repair or Replacement of a Failed Primary Engine Water Pump Within 10 Years or 100,000 Miles (Whichever Occurs First) from the Vehicle's In-Service Date and Prior to December 2, 2019

Settlement Class Members will be entitled to reimbursement for unreimbursed out-of-pocket expenses as follows:

1. If the failed water pump was repaired or replaced at an authorized VW or Audi dealer within eight (8) years or eighty thousand (80,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle and prior to December 2, 2019, the Settlement Class Member shall receive a one-hundred percent (100%) refund of the paid dealer invoice amount for the covered part(s) and labor, limited to one repair per Settlement Class Vehicle.
2. If the repair or replacement of the failed water pump by an authorized VW or Audi dealer was made after eight (8) years or eighty thousand (80,000) miles (whichever occurs first), but prior to ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle, and prior to December 2, 2019, the Settlement Class Member shall receive seventy percent (70%) of the paid dealer invoice amount for the covered part(s) and labor, limited to one repair per Settlement Class Vehicle.
3. However, if the failed water pump was repaired or replaced at an independent service center and not an authorized VW or Audi dealer, the paid invoice amount, from which the Settlement Class Member shall receive a refund for the covered part(s) and labor, shall be limited to a maximum of $950.00. However, if the repair was done between more than eight (8) years or 80,000 miles (whichever occurs first) and prior to ten (10) years or 100,000 miles (whichever occurs first), the capped amount will be 70% of the $950.00, or $665.00.
4. If the water pump fails after December 22, 2019 and within ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle, the Settlement Class Member must take the vehicle to an authorized VW or Audi dealer for repair or replacement pursuant to the terms of the Extended Warranty. There will be no reimbursement for any out-of-pocket costs or expenses of any repairs or replacements performed after December 22, 2019, the remedy intended under that circumstance being that the Settlement Class Member bring the Settlement Class Vehicle to the VW or Audi dealer, which will make the covered repair or replacement pursuant to the terms of the Extended Warranty.

The above relief is subject to certain limitations and proof requirements which are set forth in the Settlement Agreement, which can be found on this website at the Important Documents page.

III. Reimbursement for Certain Out-of-Pocket Expenses to Repair or Replace Damaged or Failed Engine Directly Caused By Primary Engine Water Pump Failure Within 10 years or 100,000 Miles (Whichever Occurs First) from the Vehicle's In-Service Date and Prior to December 2, 2019

Settlement Class Members will be entitled to reimbursement for a percentage of unreimbursed out-of-pocket expenses incurred to repair or replace a failed or damaged engine directly caused by a water pump failure, within ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle and prior to December 2, 2019, as follows:

1. If the Settlement Class Vehicle's engine was repaired or replaced at an authorized VW or Audi dealer, and the engine damage that required the repair/replacement was directly caused by a failure of the water pump, the Settlement Class Member may receive a refund consisting of a percentage of the paid invoice amount subject to the time/mileage parameters in Table 1, below.
2. However, if the Settlement Class Vehicle's engine was repaired or replaced at an independent service center and not an authorized VW or Audi dealer, the maximum reimbursement amount for the repair or replacement of the failed engine is $4,000.00, subject to the time/mileage percentage parameters in Table 1, below.

TABLE 1: PERCENTAGES OF REIMBURSEMENT FOR OUT-OF-POCKET EXPENSES INCURRED FOR REPAIR/REPLACEMENT OF DAMAGED OR FAILED ENGINE DIRECTLY CAUSED BY PRIMARY ENGINE WATER PUMP FAILURE

* For VW Settlement Class Vehicles in which the New Vehicle Limited Warranty period is 5 years or 60,000 miles (whichever occurs first) from the In-Service Date, the reimbursement percentage shall be one hundred percent (100%) for unreimbursed out-of-pocket expenses incurred within the said 5 years or 60,000 miles (whichever occurs first) warranty period, but not exceeding the maximum reimbursement amount of $4,000.00 if the repair/replacement was performed by an independent service center and not an authorized VW or Audi dealer (Paragraph (2) above).

If the water pump failure that directly caused the failed or damaged engine occurs after December 22, 2019 and within ten (10) years or one hundred thousand (100,000) miles (whichever occurs first) from the In-Service Date of the Settlement Class Vehicle, the Settlement Class Member must take the vehicle to an authorized VW or Audi dealer for engine repair or replacement pursuant to the terms of the Extended Warranty (including the Extended Warranty's percentage limits of coverage based on vehicle age and mileage). There will be no reimbursement for any out-of-pocket costs or expenses of any engine repairs or replacements performed after December 22, 2019, the remedy intended under that circumstance being that the Settlement Class Member bring the Settlement Class Vehicle to the VW or Audi dealer, which will make the covered engine repair or replacement pursuant to said terms of the Extended Warranty.

IV. Limitations and Required Proof:

Limitations:

1. Any reimbursement pursuant to this Settlement Agreement shall be reduced by goodwill or other concession paid by an authorized VW or Audi Dealer or any other entity for the repair or replacement (including insurers and providers of extended warranties or service contracts).
2. VWGoA will only pay for labor and parts for one initial repair or replacement by an independent service center that is not an authorized VW or Audi dealer. VWGoA will not be responsible for, and shall not warrant repair or replacement work performed at an independent service center and not an authorized VW or Audi dealer.
3. Any replacement engine will be subject to the warranty terms and conditions accompanying that replacement engine. This Settlement does not modify the terms, conditions, restrictions or limitations of that warranty.

Required Proof:

1. An original or legible copy of a repair invoice containing claimant's name, the make, model and vehicle identification number (VIN) of the Settlement Class Vehicle, the name and address of the VW or Audi dealer or independent servicing center that performed the repair, the date of repair, a description of the repair work performed including the parts repaired/replaced and a breakdown of parts and labor costs, the vehicle's mileage at the time of repair, and proof of the Settlement Class Member's payment of same. If reimbursement is sought for repair/replacement of a damaged or failed engine directly caused by a failure of the water pump under the terms of this Settlement, the Proof of Repair Expense must also - show that the engine damage or failure that required repair/replacement was directly caused by a failure of the water pump.
2. Proof of Adherence to the Vehicle’s Maintenance Schedule: Documents evidencing the Settlement Class Member's adherence to those aspects of the Settlement Class Vehicle's maintenance schedule, set forth in the Warranty and Maintenance Booklet for the vehicle, which are relevant to the function of the coolant system (including use of the specification of coolant fluid recommended by VW or Audi, depending on the brand of vehicle), during the time he/she/it owned and/or leased the vehicle, up to the date/mileage of repair or replacement, within a variance of ten percent (10%) of the scheduled time/mileage requirements. In the event maintenance records cannot be obtained despite a good faith effort to obtain them, the Settlement Class Member may submit a Declaration signed under penalty of perjury detailing what efforts were made to obtain the records, who he/she/it communicated with and when, why the records are not available and attesting to adherence to the vehicle maintenance schedule during the time they owned or leased the Settlement Class Vehicle, up to the date/mileage of replacement/repair, within the ten percent (10%) variance set forth above.

In a class action lawsuit, one or more persons, called Class Representatives, sue on behalf of other people who have similar claims. All of these people are Class Members. The Class Representatives and all Settlement Class Members are called the Plaintiffs and the companies they sued are called the Defendants. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Class. U.S. District Judge James Donato is in charge of this class action.

The Court has not decided in favor of Plaintiffs or Defendant. Instead, both sides agreed to a Settlement with no decision or admission of who is right or wrong. That way, all parties avoid the risks and cost of a trial, and the people affected (the Settlement Class Members) will get compensation quickly. The Class Representatives and the attorneys think the Settlement is best for the Settlement Class.

Judge Donato conditionally approved the following definition of a Settlement Class Member:

"All persons and entities who purchased or leased a Settlement Class Vehicle in the United States of America and Puerto Rico.”

Excluded from the Settlement Class are (a) anyone claiming personal injury, property damage (other than damage to the Settlement Class Vehicle itself) and/or subrogation; (b) all Judges who have presided over the Action and their spouses; (c) all current employees, officers, directors, agents and representatives of Defendant, and their family members; (d) any affiliate, parent or subsidiary of Defendant and any entity in which Defendant have a controlling interest; (e) anyone acting as a used car dealer; (f) anyone who purchased a Settlement Class Vehicle for the purpose of commercial resale; (g) anyone who purchased a Settlement Class Vehicle with salvaged title and/or any insurance company who acquired a Settlement Class Vehicle as a result of a total loss; (h) any insurer of a Settlement Class Vehicle; (i) issuers of extended vehicle warranties and service contracts; (j) any Settlement Class Member who, prior to the date of this Agreement, settled with and released· Defendant or any Released Parties from any Released Claims, and (k) any Settlement Class Member that files a timely and proper Request for Exclusion from the Settlement Class.

You can check to see if your vehicle is a Settlement Class Vehicle by using the VIN Lookup Portal here. By entering your VIN, you can confirm whether you are a Settlement Class Member if you own(ed) or lease(d) a Settlement Class Vehicle.

The extended warranty, details of which are discussed above, went into effect on December 2, 2019, the Notice Date. If a primary engine water pump fails in a Settlement Class Vehicle on or after that date, you may bring the vehicle to an authorized VW or Audi dealer (depending on the brand of vehicle) for repair or replacement pursuant to the terms of the Extended Warranty. However, the Settlement affords a twenty (20) day grace period. Therefore, after December 22, 2019, if a primary engine water pump on a Settlement Class Vehicle fails, then you will be required to take the vehicle to an authorized VW or Audi dealer to have the repair or replacement performed pursuant to the terms of the Extended Warranty. You will not be eligible for any reimbursement of any out-of-pocket expenses incurred for repairs/replacements performed by entities that are not authorized VW or Audi dealers that are performed after December 22, 2019.

When you bring the vehicle to an authorized VW or Audi dealer for an Extended Warranty repair or replacement, you must also bring to the dealer Proof of Adherence to the Vehicle's Maintenance Schedule. The rights and procedures generally available under the New Vehicle Limited Warranty applicable to the Settlement Class Vehicle will apply to repairs during this extended warranty period. The extended warranty is subject to the same terms and conditions of the New Vehicle Limited Warranty.

The claim filing deadline was April 30, 2020. If you did not submit the Claim Form and supporting documents by the required deadline, you will not receive reimbursement under this Settlement.

On October 15, 2020, the Court entered an order extending to February 10, 2021, the deadline for the Settlement Administrator to complete processing and review of all claims and to issue payments for complete claims that are approved for payment. This extended the timeline mentioned in the Settlement Agreement. All valid claims will be processed and payments for complete and approved claims will be sent no later than February 10, 2021. Please be patient while we complete processing all outstanding claims.

You received a Notice of Denial because, after extensive review by the Settlement Administrator, it was determined that your Claim is ineligible. If you disagree with the Ineligibility Condition(s) listed on the Notice you received, you may request an Attorney Review of the administrative determination of your Claim. To request attorney review, you must send a letter to the Settlement Administrator postmarked no later than 15 days from the date on your notice. Please include a copy of the Notice with your response.

Unless you excluded yourself, you are part of the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Released Parties about the same matters and claims relating to the primary engine water pump in your vehicle (except for claims of personal injury or property damage other than to the vehicle itself) and any of the Released Claims against the released Parties. It also means that all of the Court's orders will apply to you and legally bind you. For further information about the Released Claims and Released Parties, you can read the Settlement Agreement available here.

The precise terms and conditions of the Settlement are available to you by viewing the Settlement Agreement available here, and/or by contacting Class Counsel at:

KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.
ATTN: Gary S. Graifman
747 Chestnut Ridge Road
Suite 200
Chestnut Ridge NY 10977
(www.kgglaw.com)

You can also access the Court docket in this case through the Court's Public Access to Court Electronic records (PACER) system at https://ecf.cand.uscourts.gov (there will be a fee for such access) or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at the following address:

San Francisco Courthouse
450 Golden Gate Ave.
San Francisco, CA 94102

They are available between 9:00 a.m. and 4:00 p.m., Monday through Friday with the exception of Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

To access PACER, go to the following link and from that landing page select "PACER - Case Search Only Registration.” The website link is: https://www.pacer.gov/reg_pacer.html.

From there, follow the directions to open a PACER account, including directions to complete the online PACER Registration Form.

You can no longer opt out or exclude yourself from the Settlement as of February 14, 2020.

No, not for the same matters and claims that were or could have been brought in the Action, unless your claim is for personal injury or property damage other than to the Settlement Class Vehicle itself.

No, if you excluded yourself from the Settlement Class you will not get any money or benefits from this Settlement, and you should not submit a Claim Form. You cannot do both.

The Court appointed the law firms of Kantrowitz, Goldhamer & Graifman, P.C, and Thomas P. Sobran, Esq. as Counsel for the Settlement Class and Stull, Stull & Brody as Liaison Counsel for the Settlement Class. Together these law firms are called "Class Counsel."

You do not need to hire your own lawyer because Class Counsel is working on your behalf, but if you want your own lawyer, you may hire one at your own cost.

Class Counsel have prosecuted this case on a contingency basis. They have not received any fees or reimbursement for any of the costs and expenses associated with this case. Class Counsel filed an application with the Court requesting an award of reasonable attorney fees and reasonable costs and expenses ("Fees and Expenses") from the Court in an amount not exceeding a combined total sum of $2,400,000. Defendant has agreed not to oppose Class Counsel's application for Fees and Expenses to the extent not exceeding that combined total sum, and Class Counsel has agreed not to accept any Fees and Expenses in excess of that combined total sum. You will not have to pay these Fees and Expenses. Any Fees and Expenses awarded to Class Counsel will not affect your Settlement amount.

Class Counsel will also apply to the Court for service awards to the named Plaintiffs, who have conditionally been approved as Settlement Class Representatives, in the amount of $2,500 each for their efforts in pursuing this litigation for the benefit of the Settlement Class. Any award for Class Counsel Fees and Expenses and any service awards will be paid by Defendant and will not reduce any benefits available to you under the Settlement.

Class Counsel's motion for fees and expenses and Settlement Class Representative service awards was filed on December 16, 2019, and is available for review here.

The deadline to object to the Settlement was February 14, 2020.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class, however, the time for objecting expired February 14, 2020. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. If you excluded yourself, you have no basis to object because the case no longer affects you.

The Court held a Final Approval Hearing at 2:00 p.m. PDT on May 14, 2020, via online video conference due to the COVID-19 Pandemic.

This hearing determined that the Settlement is fair, reasonable and adequate. Final Approval of the Settlement was signed on June 10, 2020.

If you chose to do nothing, you are bound by the Settlement.

Updates regarding the case will be available on this website. You may also call the Engine Water Pump Settlement Administrator at 1-877-363-7829.