Volkswagen and Audi Timing Chain Class Action Settlement: Instructions and Form to Exclude Yourself From the Settlement
If you have recently received a class action notice from the Settlement Administrator for the Volkswagen and Audi Timing Chain Class Action Settlement, you should be aware of the requirements for excluding yourself from the settlement, also called “opting out.” If you fail to opt out by the deadline or if you try to opt out but fail to follow the specific instructions for doing so, you will be stuck with the settlement and you will not be able to pursue an individual claim outside of the class action for repair of your vehicle or reimbursement for repairs already made due to failure of the timing chain assembly.
We have previously analyzed certain aspects of the timing chain class action settlement and have determined that certain consumers may be better off pursuing an individual claim rather than accepting the settlement. In some circumstances (for example, if your vehicle has over 100,000 miles or it is more than ten years since your vehicle was placed in service), unless you opt out, you will receive zero compensation but will release all of your potential claims as described above. Here are two examples of the proposed compensation from the class action settlement for those whose engines have been damaged due to failure of the timing chain assembly:
EXAMPLE 1: Assuming you have paid to have your engine repaired at a Volkswagen or Audi dealer, and if the Court approves the proposed class action settlement, you can expect at some date in the future to receive the following percentage of your out-of-pocket expenses from the class action settlement, provided you submit Proof of Repair Expenses and Proof of Adherence to the Vehicle’s Warranty and Maintenance Schedule (as defined in the proposed class action settlement agreement):
| Time from in-service date | Less than 60,000 miles | 60,001 to 75,000 miles | 75,001 to 85,000 miles | 85,001 to 100,000 miles | 100,001 miles+ |
| 5 years | 100% | 70% | 60% | 45% | 0% |
| 5-7 years | 70% | 60% | 50% | 35% | 0% |
| 7-10 years | 60% | 50% | 40% | 25% | 0% |
EXAMPLE 2: Assuming you have paid to have your engine repaired at an independent service center, and if the Court approves the proposed class action settlement, you can expect at some date in the future to receive the following maximum amount of your out-of-pocket expenses, provided you submit Proof of Repair Expenses and Proof of Adherence to the Vehicle’s Warranty and Maintenance Schedule (as defined in the proposed class action settlement agreement):
| Time from in-service date | Less than 60,000 miles | 60,001 to 75,000 miles | 75,001 to 85,000 miles | 85,001 to 100,000 miles | 100,001 miles+ |
| 5 years | $6,500 | $4,550 | $3,900 | $2,925 | $0.00 |
| 5-7 years | $4,550 | $3,900 | $3,250 | $2,275 | $0.00 |
| 7-10 years | $3,900 | $3,250 | $2,600 | $1,625 | $0.00 |
If you are unsure whether you would be better off opting out of the class action settlement and pursuing an individual claim, you may wish to consult a lawyer. To consult a lawyer at Webster Book LLP, please fill out the form below and we will have an attorney contact you or call us at 844-847-3167 to set up an appointment.
We have a sample Request for Exclusion from the timing chain class action settlement available here.
We strongly recommend mailing the Request for Exclusion to the Settlement Administrator by certified mail, return receipt requested so that you have proof that you opted out of the class action settlement.
Specific instructions for opting out of the class settlement (taken from the class action settlement agreement and the notice to class members) are as follows:
Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) to the Claim Administrator at the address specified in the Class Notice by U.S. Mail by the date set forth in the Class Notice. You cannot exclude yourself on the phone or by e-mail. To be effective, the Request for Exclusion must be sent to the specified address and:
1. include the Settlement Class Member’s full name, address and telephone number;
2. identify the model, model year, VIN, and approximate date of lease or purchase of the Settlement Class Vehicle; and,
3. specifically and unambiguously state your desire to be excluded from the Settlement Class.
Any request for exclusion must be postmarked on or before the deadline set forth in the Class Notice you received. Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion sent to the proper address shall be subject to and bound by the Settlement Agreement, the Release, and every order or judgment entered relating to the Settlement Agreement.
The mailing addresses for the Requests for Exclusion are:
Settlement Administrator:
Volkswagen Timing Chain Settlement Claim Administrator
P.O. Box 3656
Portland, OR 97208-3656Class Counsel:
James E. Cecchi
Carella Byrne Cecchi Olstein Brody & Agnello, P.C.
5 Becker Farm Road
Roseland, NJ 07068Defense Counsel:
Jeffrey L. Chase
Chase Kurshan Herzfeld & Rubin LLC
354 Eisenhower Parkway, Suite 1100
Livingston, NJ 07039
For more information on pursuing an individual claim, please fill out the following form and we will have an attorney contact you or call us at 888-987-9991 to set up an appointment.
UPDATE: According to the Volkswagen Timing Chain Settlement and Audi Timing Chain Settlement website, the deadlines in the class action lawsuit are as follows:
October 12, 2018: Exclusion (Opt Out) Deadline (we have a sample opt-out form here and detailed instructions for opting out here)
October 12, 2018: Objection Deadline
November 19, 2018 at 11:00 a.m.: Fairness Hearing
January 25, 2019: Claim Filing Deadline
UPDATE: According to the Volkswagen and Audi Timing Chain Class Action Settlement Administrator, notices to class members were expected to go out in the mail by August 28, 2018. Consumers should keep a close watch for these notices as there are strict deadlines for opting out, objecting to the settlement, or submitting a claim to the settlement administrator.