Volkswagen and Audi Timing Chain Defect Settlement

In Canada, courts in Ontario and Québec have approved a settlement of three class action lawsuits over allegations the timing chain system in certain Volkswagen and Audi vehicles is defective.

If you are a current or former owner or lessee of certain model year 2008 to 2014 Volkswagen or Audi vehicles, you may be entitled to benefits from the timing chain defect class action settlement.

The Volkswagen/Audi class action lawsuits allege that some of the automakers’ vehicles have a timing chain defect that can cause engine damage or engine failure.

The timing chain system is comprised of the timing chain tensioner, timing chain, chain sprockets, guide rails, and tensioning rail.

According to the class action lawsuits, the impacted Volkswagen and Audi vehicles are equipped with EA888 engines. A vehicle’s timing chain system is reportedly expected to last for the useful life of the engine or at least 200,000 kilometers without needing maintenance, repair or replacement.

However, the timing chain systems in the affected vehicles were allegedly defective and could cause engine damage or failure. The plaintiffs allege that the Volkswagen and Audi defendants knew that the timing chain system in the Class vehicles were susceptible to premature failure but they concealed the defect from consumers.

Volkswagen Group Canada Inc., Volkswagen Group of America Inc., Audi Canada Inc. and Audi of America Inc. are named as defendants in the timing chain defect class action lawsuits.

The vehicles covered by the timing chain defect class action settlement include certain 2008-2014 Volkswagen and Audi vehicles with EA888 engines, including:

• 2014 Volkswagen Beetle Convertible
• 2012-2014 Volkswagen Beetle Coupe
• 2009-2012 Volkswagen CC
• 2013 Volkswagen CC (Face Lift)
• 2009-2012 Volkswagen Eos
• 2009 Volkswagen GTI (A5)
• 2010-2012 Volkswagen GTI (A6)
• 2009-2010 Volkswagen Jetta (A5)
• 2012-2014 Volkswagen Jetta (A6)
• 2008-2010 Volkswagen Passat Sedan
• 2008-2010 Volkswagen Passat Wagon
• 2009-2012 Volkswagen Tiguan
• 2008-2012 Audi A3
• 2009-2012 Audi A4 Avant
• 2009-2012 Audi A4 Sedan
• 2010-2012 Audi A5 Cabriolet
• 2010-2012 Audi A5 Coupe
• 2011-2012 Audi Q5
• 2009-2012 Audi TT Coupe
• 2009-2012 Audi TT Roadster

The defendants do not admit liability for the alleged timing chain defect but agreed to settle the Volkswagen/Audi class action lawsuits to avoid the burden and expense of ongoing litigation.

Under the terms of the timing chain defect settlement, the Volkswagen and Audi defendants have agreed to offer eligible Class Members an extended warranty and reimburse them for out-of-pocket expenses they incurred related to repair and/or replacement of the timing chain system and/or engine damage or failure related to the alleged defect.

Letters have been mailed to known Class Members. If you did not receive a letter confirming that your vehicle is covered by the class action settlement, you can contact the settlement administrator. You will need your Vehicle Identification Number in order to confirm your vehicle qualifies.

The Ontario Superior Court of Justice approved the timing belt defect class action settlement on March 23, 2020. The Superior Court of Québec approved the settlement on April 23, 2020.

Who’s Eligible

Class Members of the timing chain defect settlement include all current and former owners and lessees of the following vehicles:

• 2014 Volkswagen Beetle Convertible
• 2012-2014 Volkswagen Beetle Coupe
• 2009-2012 Volkswagen CC
• 2013 Volkswagen CC (Face Lift)
• 2009-2012 Volkswagen Eos
• 2009 Volkswagen GTI (A5)
• 2010-2012 Volkswagen GTI (A6)
• 2009-2010 Volkswagen Jetta (A5)
• 2012-2014 Volkswagen Jetta (A6)
• 2008-2010 Volkswagen Passat Sedan
• 2008-2010 Volkswagen Passat Wagon
• 2009-2012 Volkswagen Tiguan
• 2008-2012 Audi A3
• 2009-2012 Audi A4 Avant
• 2009-2012 Audi A4 Sedan
• 2010-2012 Audi A5 Cabriolet
• 2010-2012 Audi A5 Coupe
• 2011-2012 Audi Q5
• 2009-2012 Audi TT Coupe
• 2009-2012 Audi TT Roadster

Note: The vehicle must have been originally sold or leased in Canada. If you are unsure if your vehicle qualifies, you can contact the Settlement Administrator. You will need to provide your Vehicle Identification Number to determine whether it is eligible.

Potential Award

Class Members who submit timely and valid claims may be eligible for reimbursement of past repairs and/or warranty extension.

If you paid out-of-pocket to replace or repair your timing chain, timing chain tensioner and/or engine due to timing chain tensioner and/or timing chain failure, the Volkswagen/Audi settlement entitles you to reimbursement for these expenses.

All Class Members are eligible for a warranty extension of timing chain and timing chain tensioners for 10 years or 160,000 kilometers (whichever occurs first) from the date the vehicle was placed into service. The warranty will also cover a percentage of the cost of repair or replacement by an authorized Volkswagen dealer of a damaged or failed engine that is related to timing chain or timing chain tensioner failure.

Proof of Purchase

Class Members who make a claim for out-of-pocket repair and replacement costs must submit supporting documentation that shows:

• The date and vehicle mileage at the time of repair;
• The name, address and phone number of the facility that made the repair;
• The year, make, model and VIN of the vehicle;
• Proof of ownership or lease of the Class vehicle;
• Description of the work performed including a breakdown of parts and labour costs;
• Proof of payment including the amount paid and the date and manner of payment;
• Documents showing that you performed regular maintenance for the vehicle. If you cannot submit maintenance records, you may submit a sworn declaration explaining why the records are not available and attesting that you adhered to the vehicle maintenance schedule.
• If you are seeking repair or replacement for a damaged or failed engine, you must submit proof that the damage or failure was due to a failure of the timing chain tensioner or timing chain.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

1/25/2021

NOTE: No Claim Form is required to receive the extended warranty benefit. All of the vehicles covered by the timing chain defect class action settlement will automatically have the extended warranty applied.

Case Name

Shawn Panacci v. Volkswagen Group Canada Inc., et al., Case No. CV-16-559393-00CP, in the Ontario Superior Court of Justice, Canada; Covill v. Volkswagen Group Canada Inc., et al., Case No. QBG 2749 of 2016, in the Court of Queen’s Bench for Saskatchewan, Canada; and Tremblay v. Volkswagen Group Canada Inc., et al., Case No. 500-06-000868-170, in the Superior Court of Québec. Canada.

Final Hearing

The Ontario Superior Court of Justice approved the timing belt chain class action settlement on March 23, 2020. The Superior Court of Québec approved the settlement on April 23, 2020.

Settlement Website

www.TimingChainSettlement.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: Volkswagen/Audi Timing Chain Canadian Settlement
Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Phone: 1-833-451-8811
Fax: 1-866-262-0816
info@timingchainsettlement.ca

Class Counsel

KOSKIE MINSKY LLP
LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP
MERCHANT LAW GROUP LLP

Defense Counsel

BORDEN LADNER GERVAIS LLP

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