If you think you are included in the Settlement, you have the following options:
COURT APPROVAL OF THE SETTLEMENT |
On December 1st, 2023, the Saskatchewan Court granted approval of the nationwide settlement. |
PARTICIPATE IN THE SETTLEMENT |
As of February 1st, 2024, settlement class members could submit claims for reimbursement of Past Repairs to the Claims Administrator. The Claims Period Deadline for reimbursement was June 3, 2024 and is now closed. No claims for reimbursement are currently being accepted. An Eligible Claimant who requires a repair or replacement under the Extended Warranty provided in the settlement can bring their Eligible Vehicle to an Authorized Volkswagen or Audi Dealership, depending on their Eligible Vehicle. To obtain the Extended Warranty, you do not need to submit a claim. |
IF YOU TAKE NO STEPS |
If you did not opt out and do not submit a claim after the Settlement is approved by the Courts, you will not receive any benefits from the Settlement and have given up the right to separately sue Volkswagen or Audi for the claims being resolved by the Settlement. If your Eligible Vehicle has not suffered any issues covered under the settlement, you do not need to take any action. The Eligible Vehicle is automatically included under the Extended Warranty provided under the settlement. |
The class action seeks damages and other relief on behalf of consumers with affected vehicles alleging that the primary engine water pump of these vehicles is defective. The primary engine water pump means the primary coolant module including the engine water (coolant) pump and the controller unit.
This class action is Blaine Covill v. Volkswagen Group Canada, Inc. et al, Court File No. QBG 2776 of 2018 before the Court of Queen’s Bench for Saskatchewan.
The Notice summarizes the Settlement, which affects your legal rights if you are a Settlement Class Member. You have received this Notice because you are a past or current owner or lessee of an affected vehicle. Receipt of this Notice does not mean that you are a Settlement Class Member.
If you are a Settlement Class Member, this Notice informs you of your legal rights and options. These options include obtaining benefits offered under the Settlement.
The Deficiency Notice is sent to claimants that did not provide all the documentary requirements stipulated by the Settlement Agreement. Deficiency notices were sent by both email and mail. The Deficiency Notice outlines exactly what documentary requirements have not been met and allows you the opportunity to provide documentation so your claim can be assessed for eligibility. You have 30-days from the date on the deficiency notice to reply. If you do not reply with any further documentation your claim may be denied. You can respond to your deficiency by uploading your documentation via a secure online portal or mailing to the Claims Administrator’s address listed in the deficiency notice.
You may be included in the Settlement if:
Only Eligible Vehicles are included in the Settlement.
You may have an Eligible Vehicle if it is included in the below list of Volkswagen or Audi vehicles:
In addition, Eligible Vehicles:
You may be a Settlement Class Member and included in the Settlement if:
Excluded Persons from the settlement include:
The Settlement provides Settlement Class Members with Reimbursement of Past Repairs and/or Warranty Extension.
You may be eligible for Reimbursement of Past Repairs if you are a Settlement Class Member and as of February 1, 2024 you paid out-of-pocket to repair or replace an Eligible Vehicle’s primary engine water pump due to failure.
You may be eligible for a Warranty Extension if you are a Settlement Class Member and you own or lease an Eligible Vehicle.
The settlement provides two possible types of reimbursement of past repairs:
(1) Reimbursement of Past Repairs – Primary Engine Water Pump
If you are a Settlement Class Member and have previously repaired your primary engine water pump due to a failure you may be entitled to Reimbursement of Past Repairs for unreimbursed out-of-pocket expenses occurring prior to the introduction of the Warranty Extension on February 1, 2024, as follows:
For certain 2008-2014 vehicles, within 10 years or 160,000 kilometres, whichever occurs first;
(a): if within 8 years or 125,000 kilometres, 100% refund (if repair/replacement completed by a VW/Audi dealer, or up to $1,150 if completed by a non-VW/Audi dealer); or
(b): if after 8 years or 125,000 kilometres, but within 10 years or 160,000 kilometres, 70% refund (if repair/replacement completed by a VW/Audi dealer, or up to $805 if completed by a non-VW/Audi dealer).
For certain 2014-2021 vehicles, within 8 years or 125,000 kilometres, whichever occurs first;
(a): 100% refund (if repair/replacement completed by a VW/Audi dealer, or up to $1,275 if completed by a non-VW/Audi dealer).
(2) Reimbursement of Past Repairs – Damaged or Failed Engine
If you are a Settlement Class Member and have previously repaired or replaced a failed or damaged engine due to a failure of the primary engine water pump, you may be entitled to Reimbursement of Past Repairs for unreimbursed out-of-pocket expenses occurring prior to the introduction of the Warranty Extension on February 1, 2024, as follows:
For certain 2008-2014 vehicles, within 10 years or 160,000 kilometres, whichever occurs first;
(a): if completed by a VW/Audi dealer, up to 100% reimbursement, subject to the time/mileage parameters and reimbursement limits set out in Table A, below;
(b): if completed by a non-VW/Audi dealer, up to 100% reimbursement to a maximum of $4,842, subject to the time/mileage parameters and reimbursement limits set out in Table A, below.
For certain 2014-2021 vehicles, within 8 years or 125,000 kilometres, whichever occurs first;
(a): if completed by a VW/Audi dealer, up to 100% reimbursement, subject to the time/mileage parameters and reimbursement limits set out in Table B, below;
(b): if completed by a non-VW/Audi dealer, up to 100% reimbursement to a maximum of $5,203, subject to the time/mileage parameters and reimbursement limits set out in Table B, below.
Certain limitations apply. For more detail, please review the Settlement Agreement.
Reimbursement Claim:
To receive reimbursement for Out-of-Pocket expenses paid under the Settlement, you must have submitted a claim by June 3, 2024 . No further claims for reimbursement are currently being accepted.
Extended Warranty:
An Eligible Claimant who requires a repair or replacement under the Extended Warranty provided in the settlement can bring their Eligible Vehicle to an Authorized Volkswagen or Audi Dealership, depending on their Eligible Vehicle. To obtain the Extended Warranty, you do not need to submit a claim.
If you are a Settlement Class Member and you own/owned or lease/leased an Eligible Vehicle, you may be entitled to a warranty extension to cover one repair or replacement of a failed primary engine water pump (and repair or replacement of an engine if due to the failure of the primary engine water pump). YOU DO NOT HAVE TO SUBMIT A CLAIM IN ORDER TO RECEIVE THIS BENEFIT. The warranty extension will be applied as follows:
For certain 2008-2014 vehicles, within 10 years or 160,000 kilometres, whichever occurs first;
(a): for repair and/or replacement of a primary engine water pump, 100% reimbursement;
(b): for repair and/or replacement of an engine due to a failure of the primary engine water pump, up to 100% reimbursement, subject to the time/mileage parameters and reimbursement limits set out in Table A, in FAQ 10).
For certain 2014-2021 vehicles, within 8 years or 125,000 kilometres, whichever occurs first;
(a): for repair and/or replacement of a primary engine water pump, 100% reimbursement;
(b): for repair and/or replacement of an engine due to a failure of the primary engine water pump, up to 100% reimbursement, subject to the time/mileage parameters and reimbursement limits set out in Table B, in FAQ 10).
The law firm representing all Settlement Class Members is listed below:
MERCHANT LAW GROUP LLP 2401 Saskatchewan Drive Regina, SK S4P 4H8 |
You will not be charged for contacting these lawyers. Class Counsel can be reached by email at [email protected] or telephone at 1-306-791-2178.
Further information may be obtained by calling the Claims Administrator at 1 866-642-0774.