Legally reviewed by: Jessica Anvar Stotz, JD, MBA
If you’re a current or past owner or lessee of an Audi or Volkswagen model equipped with a defective Automatic Emergency Braking (AEB) system, you might be eligible for compensation due to a current class action lawsuit.
The lawsuit, Emily Dack, et al. v. Volkswagen Group of America, Inc., et al., argues that defects in the AEB systems of certain Audi and Volkswagen vehicles prevented them from operating properly.
Class action lawsuits are a great option for some, but it’s important to understand and explore all potential legal options available to you. You may be able to file a lemon law claim and receive a refund or compensation if your Audi or Volkswagen vehicle has had repairs performed to address the problems covered by this class action lawsuit.
|
Affected Vehicle | Average Lemon Law Settlement |
|
Volkswagen Arteon |
$75,863 |
|
Volkswagen Atlas | $71,082 |
|
Volkswagen Atlas Cross Sport |
$74,050 |
|
Volkswagen Golf |
$40,105 |
|
Volkswagen Golf R |
$74,401 |
|
Volkswagen Golf Sportwagen |
$45,364 |
|
Volkswagen Golf GTI |
$57,194 |
|
Volkswagen e-Golf |
$60,614 |
| Volkswagen ID.4 |
$77,337 |
|
Volkswagen Jetta |
$41,145 |
|
Volkswagen Passat |
$48,826 |
|
Volkswagen Taos |
$50,640 |
|
Volkswagen Tiguan |
$54,847 |
|
Audi A3 |
$60,830 |
|
Audi Q3 |
$63,551 |
|
Audi A4 |
$69,618 |
|
Audi A5 |
$78,771 |
|
Audi Q5 |
$76,443 |
|
Audi A6 |
$100,135 |
|
Audi A7 |
$121,130 |
|
Audi A8 |
$156,202 |
|
Audi Q7 |
$102,654 |
|
Audi Q8 |
$121,590 |
|
Audi e-tron |
$125,193 |
|
Audi e-tron GT |
$181,387 |
| Audi Q4 e-tron |
$85,137 |
*Please note, the figures presented in the chart are approximations based on past case results from 2018-2023 model years and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.
Understanding the Volkswagen and Audi AEB Class Action Lawsuit
The class action lawsuit alleges that defects caused the AEB systems to activate suddenly and unexpectedly while driving. This might lead to the car suddenly slowing down or stopping, sometimes in the middle of the road, which can be dangerous.
The settlement class vehicles include the following models and model years of Volkswagen and Audi vehicles equipped with an AEB system:
- 2019-2023 Volkswagen Arteon
- 2018-2023 Volkswagen Atlas
- 2020-2023 Volkswagen Atlas Cross Sport
- 2016-2017 Volkswagen CC
- 2016-2021 Volkswagen Golf
- 2016-2019 and 2022-2023 Volkswagen Golf R
- 2016-2019 Volkswagen Golf Sportwagen
- 2016-2023 Volkswagen GTI
- 2016-2019 Volkswagen e-Golf
- 2021-2023 Volkswagen ID.4
- 2016-2023 Volkswagen Jetta
- 2016-2022 Volkswagen Passat
- 2022-2023 Volkswagen Taos
- 2018-2023 Volkswagen Tiguan
- 2015-2017 Volkswagen Touareg
- 2015-2020 and 2022-2023 Audi A3
- 2019-2023 Audi Q3
- 2013-2023 Audi A4
- 2013-2023 Audi A5
- 2013-2023 Audi Q5
- 2012-2023 Audi A6
- 2012-2023 Audi A7
- 2011-2023 Audi A8
- 2017-2023 Audi Q7
- 2019-2023 Audi Q8
- 2019-2023 Audi e-tron
- 2022-2023 Audi e-tron GT
- 2022-2023 Audi Q4 e-tron
It’s important to note that the specific settlement class vehicles are determined by Vehicle Identification Numbers (VINs). You can enter your VIN in the VIN Lookup Portal to determine whether your specific vehicle is included or not.
The Volkswagen and Audi AEB lawsuit, as well as the resulting settlement, have significant implications for consumers–particularly those who own or lease the affected models. It’s crucial for these consumers to understand the details of the lawsuit and the settlement, as well as their legal options, in order to make the best decision for their individual circumstances.
Legal Options for Affected Audi and Volkswagen Owners
As a participant in the class action lawsuit regarding Volkswagen and Audi’s Automatic Emergency Braking (AEB) systems, affected owners are considered part of the settlement class, which includes certain models and model years of Volkswagen and Audi vehicles equipped with an AEB system.
If you’re part of the settlement class and have paid for a repair of a malfunctioning Automatic Emergency Braking (AEB) system within 12 months or 12,000 miles after the vehicle’s warranty period ended, and before May 15, 2024, you could be eligible for a 75% reimbursement. If the repair was within your vehicle’s original warranty period, you could get a full reimbursement.
Additionally, from May 15, 2024, Volkswagen will extend its warranties for these models. If your vehicle’s AEB system fails, Volkswagen will cover 75% of the repair cost for up to 12 months or 12,000 miles after your vehicle’s original warranty expires. If your extended warranty has already ended as of the Notice Date, you’ll have an extra six months from the notice date to get this coverage.
Alternatively, affected owners also have the option of pursuing a lemon law claim. Lemon Laws are state laws that provide a remedy for purchasers of cars and other consumer goods to compensate for products that repeatedly fail to meet standards of quality and performance. When you pursue a lemon law claim, you’re essentially asserting that your vehicle is a “lemon” – that is, a vehicle that has a substantial defect that a manufacturer, through reasonable warranty repair attempts, has been unable to fix.
These laws vary by state, but they all provide relief for consumers who have purchased defective vehicles, often requiring the manufacturer to either replace the vehicle or refund the purchase price.
Should I Pursue a Lemon Law Claim or Class Action Settlement?
When faced with a defective vehicle, consumers often wonder whether they should pursue a lemon law claim or participate in a class action settlement. The answer depends on several factors.
Opting to pursue a lemon law claim over participating in a class action lawsuit can offer several key benefits. Lemon law claims are more individualized and can potentially lead to a higher settlement. If your lemon law claim is successful, you may be entitled to a refund or a replacement vehicle, which can help you recoup your investment and eliminate the headache of dealing with a defective car.
Consumers are entitled to receive a refund for their original payments, monthly installments, and any reasonable repair expenditures, such as towing and rental car fees. Furthermore, if the case is taken to court and the consumer wins, the manufacturer must pay the consumer’s attorney fees and court expenses.
However, there are instances when it may be more beneficial for a consumer to participate in the class action. For example, if your vehicle has not had enough repair attempts to qualify under the Lemon Law, or if your vehicle is older and experienced these issues outside of the warranty period, it may not qualify under the Lemon Law and participating in the class action could be a better option.
The class action lawsuit provides a collective legal avenue for all affected consumers, regardless of the age of their vehicle or the number of repair attempts. It can be hard to determine which option is the best for your particular circumstances, which is why it’s crucial to speak with a qualified expert who can help you weigh out your options.
Opting Out of the Audi Volkswagen AEB Class Action Lawsuit
Should you determine that pursuing a lemon law claim is the best option for you, you must opt-out of the class action lawsuit before June 17th, 2024. Opting out allows you to pursue your own legal action, such as a lemon law claim. This can be beneficial if you feel that you suffered far more than the average class member, and if you have multiple documented warranty repair attempts related to your vehicle’s AEB system.
If you choose to opt out, you will not be able to claim part of the class action settlement. This is because by opting out, you are choosing not to be part of the group (or “class”) of people who are collectively suing Volkswagen and Audi.
Let the Lemon Law Experts Fight for Your Volkswagen or Audi AEB Settlement!
If you’re a California consumer who has taken your Audi or Volkswagen to the dealership for repeat Automatic Emergency Braking repairs, the Lemon Law Experts are here to help. We have helped hundreds of Audi and Volkswagen owners just like you obtain the compensation they deserve for their defective vehicles.
If you are considering opting out of the class action lawsuit and pursuing a lemon law claim, our expert attorneys are here to help you navigate the process to potentially secure a higher settlement.
Don’t wait for a class action settlement that may not fully compensate you for the AEB issues you’ve dealt with in your Audi or Volkswagen. Reach out to our team instead by calling us at (877) 885-5366 or filling out a form on our website today.
