Subaru Oil Consumption Class Action Settlement May Leave Certain Drivers Stranded When it Comes to their Lemon Law Rights
AMBLER, PA (PRWEB) May 26, 2016 -- Certain Subaru drivers are receiving notices in their mail pertaining to a potential class action settlement involving oil consumption issues. While the settlement does provide consumers with limited extended warranty protection and the opportunity to seek cash reimbursement for out-of-pocket expenses previously spent to address the issue, one lawyer advises all involved to review the notice carefully to determine if the settlement will be an acceptable remedy in their particular situation.
The letter is being sent to drivers of various Subaru years and models including the Forester, Impreza, Crosstrek, Legacy, and Outback both with automatic/cvt transmissions and manual transmissions. The suit alleges the class vehicles suffer excessive oil consumption as a result of a flaw in the design. Under the proposed settlement, members of the class will receive an extension of the existing express powertrain limited warranty to 8 years or 100,000 miles whichever comes first but ONLY for oil consumption related issues (or an extra year of protection if the driver has exceeded these parameters at the time the notice was issued. ) This warranty “will cover all costs associated with oil consumption tests and repairs performed by an authorized Subaru retailer pursuant to the applicable Subaru Technical Service Bulletin.” In addition, class members may qualify for cash reimbursement for previous out-of-pocket repairs and engine oil purchased as a result of the problem.
While the settlement notice does offer remedy, Lemon Law Attorney Bob Silverman, Founding Partner of the firm of Kimmel & Silverman, warns consumers who do not opt out will lose other rights under State and Federal Laws. Silverman, who has successfully resolved hundreds of Subaru oil consumer claims for his clients, feels those owners who are currently experiencing the oil consumption issue need to read this notice very carefully.
“My clients have repeatedly been back to the Subaru dealership for oil consumption tests, and in many instances, replacements of rings, pistons, and short block engines,” says Silverman. “And even after these significant repairs, I have seen the oil warning light return. As a result, we have been able to use State Lemon Laws and Federal Warranty Laws to secure repurchases of affected vehicles with refunds of the entire original purchase price paid plus collateral charges, compensation to reflect diminished value, and premium extended warranties covering the entire car bumper to bumper for just as long as the class remedy that only covers the oil consumption issue. These are remedies far exceed what is being offered in this settlement. The proposed award is providing the same recourse for every class member regardless of their situation.”
Silverman is also worried many consumers are unaware that if they do not opt out by June 13, there will be no way to seek remedy if repeated testing and repairs do not permanently fix the issue. “Under the terms of the settlement, Subaru would continue to try and fix the issue. But, what if the issue continues to occur despite numerous repairs? If the consumer does not opt out, their rights are now stifled and there is likely nothing further they can do legally. Therefore, it you are experiencing this issue currently, and even worse have been consistently back for testing and/or repairs related to the matter, I would strongly suggest looking into individual rights and opting out of the suit.”
For those who are not experiencing the issue currently, Silverman says research is key to making the right decision. “If you have yet to experience the issue, research the matter thoroughly to determine if the class action settlement best represents your interests.” Those who decide to opt-out of the proposed settlement must do so by June 13, 2016 according to the settlement letter. Those who do nothing will automatically be opted-in and included if the proposed settlement passes through the fairness hearing held for July 26, 2016.
For more information regarding the proposed settlement, visit http://www.oilconsumption.settlementclass.com/ .
For more information regarding State Lemon Law and Federal Warranty Rights associated with the Subaru oil consumption issue, please visit http://www.lemonlaw.com or call 1 800 LEMON LAW (1 800 536 6652).
Kimmel & Silverman is one of the oldest and largest Lemon Law and automotive consumer advocacy firms in the Northeast, servicing consumers throughout Pennsylvania, New Jersey, New York, Delaware, Maryland, Washington DC, Massachusetts, Connecticut, New Hampshire, Wyoming, Wisconsin, Ohio, and Tennessee. Founded in 1991, the firm uses State and Federal Laws to provide 100% cost-free legal representation and has helped more than 75,000 consumers recover more than $160 million dollars since its inception.
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Michael Sacks, Kimmel and Silverman, 800-LEMON-LAW, +1 (800) 536-6652 Ext: 131, [email protected]
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