The parties have reached a tentative settlement apparently valued at $1.5 million in an action filed against Mitsubishi Motor Manufacturing of America on behalf of owners of 1999 Mitsubishi Galants, who allege that the cars were manufactured with a brake defect which results in premature wear of the front brake rotors so that they must be replaced repeatedly. Claim forms must be postmarked no later than April 22, 2004, to be considered valid.
Named plaintiff Isam Haddadin alleged that his 1999 Galant had to be returned to the dealership repeatedly to remedy the braking problem. The action alleged that the same defects exist in all 1999 Galants, estimating that the problem affects several thousand Galants in New Jersey, and tens of thousands nationally. The defect allegedly causes the cars to vibrate and the brakes to grind when pushed down. Drivers allegedly must often step on the brake several seconds before preparing to stop. Brake pulsation, vibration and judder is also commonly associated with the problem.
To be a member of the settlement class, you must fit the following description:
1. You must be an original owner or lessee of a 1999 Galant who still owns or leases his or her vehicle. A copy of a current vehicle registration card must be provided as proof of ownership;
2. You must have experienced at least one episode of brake pulsation, vibration or judder as noted on a Mitsubishi dealership service invoice or repair order during the first three years or 36,000 miles, whichever came first. (You must provide copies of all such service invoices or repair orders;
3. (a) Since the expiration of the 3 year/36,000 mile limited manufacturer's warranty, you have not driven your vehicle more than 12,000 miles and fewer than 12 months have passed, and you are still experiencing brake judder, vibration or pulsation;
or
(b) you have driven your vehicle more than 12,000 miles, or more than 12 months have passed and you are still experiencing brake judder, vibration or pulsation, but since the expiration of the 3 year/36,000 mile limited warranty, you have documented episodes of brake judder, vibration or pulsation within 12,000 miles of each prior documented episode. For example, if class member A's mileage is 60,000 and he is still experiencing brake judder, vibration or pulsation, he would still be entitled to a free brake inspection, and possibly repair, if he, for example, had a documented episode of brake judder, vibration or pulsation at 34,000 miles and subsequent documented episodes at 44,000 miles and 55,000 miles.
There are three different kinds of remedies provided by the settlement. The first is the repair reimbursement remedy, for which qualified class members will receive reimbursement for money paid for brake pulsation-, vibration- or judder-related brake pad or rotor repairs or replacement. You may be eligible for full reimbursement for the reasonable costs of repair, including multiple repairs, if you are a ’99 Galant owner and paid for brake pulsation-, vibration-, or judder-related brake pad or rotor repairs or replacements during the first 36,000 miles of operation or three years of ownership, whichever came first.
Galant owners who are not eligible for reimbursements may also be eligible for a free inspection and repair at an authorized Mitsubishi retailer. For those class members who are not eligible for either reimbursement or free inspection/repair service, a $25 rebate coupon will be made available to be used on any brake pulsation-, vibration- or judder-related service, repair or replacement at an authorized Mitsubishi dealership.
To file a claim you must fill out a claim form and provide all of the required information and documents (provide only copies of the documents, and keep the originals for your records.) The claim form may be downloaded from the settlement web site, or you may request one by calling toll-free 1-888-386-8240.
Claim forms should be mailed to:
Mitsubishi Galant Brakes Claims Administrator
c/o Rosenthal & Company LLC
P.O. Box 6175
Novato, CA 94948-6175
If you have additional questions concerning the settlement, you may call class counsel at 1-800-883-2299.
The settlement was finalized at a hearing held on December 18, 2003.