Mar 262008
 

GM Dex-Cool/ Intake Manifold Gasket Class Action

NATIONWIDE SETTLEMENT REACHED IN GM/DEX-COOL CLASS ACTION LAWSUIT
On March 20, 2008, the California Superior Court granted preliminary approval to the class action settlement reached with General Motors in the GM/Dex-Cool class action lawsuit. This settlement affects people who purchased or leased a “covered vehicle” anywhere in the United States other than Missouri. A separate settlement has been reached for those who purchased or leased their vehicle in Missouri, which will offer the same benefits but will be separately approved by a Missouri court.

The lawsuits were filed on behalf of owners of General Motors vehicles, which were factory-filled with “Dex-Cool” coolant. In summary, the lawsuits alleged that Dex-Cool degraded certain vehicles’ intake manifold gaskets and other engine sealability components, and that in certain other vehicles, Dex-Cool formed a rusty sludge, clogging the vehicles’ cooling systems and causing vehicles to overheat.

Terms of the Settlement:

You may be eligible to receive between $50 and $800 in cash reimbursement under the settlement if you have paid for a covered repair by May 30, 2008, and if you submit a claim by October 27, 2008. If you paid for multiple covered repairs, you may be eligible to receive multiple cash reimbursements provided you submit a separate claim for each repair.

Click here to view and print a copy of the Settlement Claim Form.

COVERED VEHICLES

Vehicles covered under the settlement are divided into three groups. Each group of vehicles is listed below, followed by the covered repairs, for which cash reimbursement is available under the settlement.

Note: If you own one of the models listed below, but (i) with a different engine size than what is listed, or (ii) the vehicle was manufactured using a lower intake manifold gasket other than a nylon/silicone gasket, or (iii) the vehicle is a Group A vehicle manufactured after April 9, 2003, then you are not covered by the settlement and are not eligible to file a claim.

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GROUP A VEHICLES- Model years 1995-2003, equipped with 3.1 or 3.4 liter V6 engine, manufactured before April 10, 2003 with a nylon/silicone lower intake manifold gasket.

Buick Century, Rendezvous
  Chevrolet Impala, Lumina, Malibu, Monte Carlo, Venture
  Oldsmobile Alero, Cutlass, Silhouette
  Pontiac Aztek, Grand Am, Grand Prix, Montana, Trans Sport

Group A Covered Repairs: Replacement of failed nylon/silicone lower intake manifold gasket.

Note: Some of these vehicles may have been offered for sale with an engine other than a 3.1-liter or 3.4 -liter V6 engine. Any of the above models sold with an engine other than a 3.1-liter or 3.4 -liter V6 engine are not included and are not eligible to make a claim.

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GROUP B VEHICLES- Model years 1995-2004, equipped with 3.8-liter V6 engine (internal GM engine designation RPO L36).

Buick LeSabre, Park Avenue, Regal, Riviera
  Chevrolet Camaro, Impala, Lumina, Monte Carlo
  Oldsmobile Eighty-Eight, Intrigue, LSS, Ninety-Eight
  Pontiac Bonneville, Firebird, Grand Prix

Group B Covered Repairs: Repairs necessitated by engine coolant sealing issues,including replacement of throttle body gasket, upper intake manifold gasket,lower intake manifold gasket, or intake manifold.

Note: Some of these vehicles may have been offered for sale with an engine other than a 3.8-liter V6 engine RPO L36. Any of the above models sold with an engine other than a 3.8-liter V6 engine RPO L36 are not included and are not eligible to make a claim.

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GROUP C VEHICLES- Model years 1995-2000, equipped with 4.3-liter V6 engine.

Chevrolet Blazer, Chevrolet S-10
  GMC Envoy, Jimmy, S-15
  Oldsmobile Bravada

Group C Covered Repairs: Repairs necessitated by cooling-system sludge, including cooling-system flush, heater core repairs, water pump repairs, or radiator cap replacement. “Sludge” refers to a rust-like material that can form in the cooling system and whose formation is related to use of Dex-Cool.

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Frequently Asked Questions & Responses about the Dex-Cool Class Action Lawsuit:
1. What cash reimbursements are available?
2. How do I make a claim?
3. Do I have to be the original owner in order to file a claim?
4. Am I still eligible to file a claim if I no longer own my vehicle?
5. I have had a Dex-Cool related problem but I have not had it repaired yet. Can I still participate in this settlement?

1. What cash reimbursements are available?

Under the proposed Settlement, GM will send cash reimbursements to class members who paid for Covered Repairs performed within seven years or 150,000 miles (whichever is earlier) after the original owner or lessee took delivery of the vehicle, and who submit timely and valid claims.

The amount of reimbursement for which you may be eligible depends on (i) when the Covered Repair was performed and (ii) the amount you actually paid, as described below:

(a.) For a Covered Repair made within five years after initial vehicle delivery:
You may be eligible to be reimbursed the documented amount you paid out-of-pocket up to $400, if you were not previously fully reimbursed.

However, if you can document that the Covered Repair required you to pay over $1,500 to address an internal coolant leak, your reimbursement level may be different. If so, you can elect to request reimbursement of 40% of the amount you paid out-of-pocket up to $800, if you were not previously fully reimbursed.

(An internal coolant leak means that coolant leaked from one vehicle component into another component. Whereas an external coolant leak means that coolant leaked from inside a vehicle component to the exterior of the vehicle.)

(b.) For a Covered Repair made in the sixth year after initial vehicle delivery:
You may be eligible to be reimbursed the documented amount you paid out-of-pocket up to $100, if you were not previously fully reimbursed.

(c.) For a Covered Repair made in the seventh year after initial vehicle delivery:
You may be eligible to be reimbursed the documented amount you paid out-of-pocket up to $50, if you were not previously fully reimbursed.

If you paid for more than one Covered Repair (whether on the same vehicle or on different vehicles included in the proposed Settlement), you may make a separate reimbursement claim for each one.

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2. How do I make a claim?

To make a claim for a reimbursement under the proposed Settlement, you must submit the following documents, either online or by mail. If you do not submit each of the following documents, and fully complete the claim statement, your claim may be denied.

(a.) Completed Claim Statement. A Claim Statement form is available at www.DexCoolSettlement.com.

(b.) Proof of repair payment. You must provide documentation showing that you paid out-of-pocket for a Covered Repair, for which you were not fully reimbursed. Please read the instructions on the Claim Statement form for more details.

(c.) Proof of ownership or lease. You must provide documentation showing that you owned or leased the vehicle at the time of the Covered Repair. Please read the instructions on the Claim Statement form for more details.

(d.) If you wish to submit your claim by mail, you must mail the above documents, postmarked no later than October 27, 2008, to the Claims Administrator at the address listed on the Claim Statement form.

(e.) If you wish to submit your claim online, please go to www.DexCoolSettlement.com, fill out the online Claim Statement form, and attach scanned versions of your required documentation before clicking the button to submit your claim. Online claims must be submitted no later than midnight on October 27, 2008.

(f.) If you wish to make reimbursement claims for two or more Covered Repairs, you must submit a separate set of documents (Claim Statement, proof of repair payment, and proof of ownership or lease) for each claim. You may not combine claims for more than one Covered Repair in a single Claim Statement.

(g.) The Claims Administrator has the right to request additional documentation before the Claim is approved and paid. Your claim may be denied if the Claims Administrator determines that it is invalid.

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3. Do I have to be the original owner in order to file a claim?

You do not need to be the original owner in order to participate in this settlement.

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4. Am I still eligible to file a claim if I no longer own my vehicle?

You may be eligible to participate in this settlement even if you no longer own your vehicle. Anyone who has owned or leased any of the Covered Vehicles and paid out of pocket for one of the Covered Repairs is eligible to file a claim.

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5. I have had a Dex-Cool related problem but I have not had it repaired yet. Can I still participate in this settlement?

If your repair is done within the earlier of 7 years or 150,000 miles of your vehicle delivery date, and prior to May 30, 2008, you may be included in this settlement.

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