The class has been certified in an action filed against Volkswagen of America, Inc. on behalf of Florida owners of 1999-2002 VW Jettas, who allege that their front end spoilers are poorly designed, so that they catch on parking lot curbs and easily tear off. The action seeks compensatory damages for those owners who have had to pay for repairs, and a remedial fix for those owners who have had no problems. Persons eligible to take part in the action should contact the attorneys for the class for more information.
The action alleges that, if a 1999-2002 Jetta approaches any obstruction the height of a normal parking lot curb too closely, the spoiler will catch and be yanked from the vehicle's bumper assembly. Typical repair bills allegedly range from $150 to $300. The action alleges that Volkswagen designed the spoiler so that it rides too low to the ground. A spoiler attaches below a car's bumper to improve its aerodynamics and fuel economy.
A check of the National Highway Traffic Safety Administration turned up more than two dozen complaints about damage to the Jetta's front-end bumper assembly when the car pulls away from curb stops. Edmunds.com, which provides information for car buyers, also has registered a few complaints from Jetta owners.
The action alleges that VW refuses to cover repairs of this type under its warranty provisions-- so it is an out-of-pocket repair for owners, or the possibility of an insurance premium increase if a full coverage insurance policy picks up the tab. Volkswagen initially paid for the repairs after the 1999 model hit showrooms, but as numbers of repairs rose, the company allegedly began to refuse to pay for the repair.
John Bell, an engineer with Miami's Accident Reconstruction Analysts who is an expert witness in the case, said he found that the lower valance was damaged on 'seven or eight' Jettas he investigated. All the owners told him their Jettas were damaged when pulling away from a curb stop. Bell found the spoilers' ground clearance ranged from four to six inches. He said the specifications for curb stops established by the state Department of Transportation range from five to six inches.