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Welcome to the Budgin v American Honda Motor Company Website.
1. What is this lawsuit about? Plaintiffs claim that the Defendant, American Honda Motor Company, Inc. ("Honda"), knowingly sold 2005 and 2006 model year Honda Element automobiles ("Class Vehicles") without disclosing that these vehicles suffer from an alleged design or manufacturing defect that causes cracks in their windshields without any impact or as a result of light contact with ordinary road debris that would not normally cause non-defective windshields to crack. This alleged defect is called the "Windshield Cracking Condition". Honda denies any liability in relation to the claims in this suit. Return to top 2. Why is this a Class Action? In a class action lawsuit, one or more people called "Class Representatives" sue on behalf of people who have similar claims. The people together are called "Settlement Class Members". Return to top 3. How do I submit a Claim? What is the deadline for Submitting Claims? The deadline for submitting claims is September 1, 2010 or 90 days after the Settlement Class Member paid to replace an OEM windshield during his/her Class Vehicle's standard warranty period - whichever is later. To submit a Claim, you must fill out the claim form (available by clicking on the Claim Form link above) and send the claim form, along with supporting documentation, to the following address:
Honda Windshield Settlement Return to top 4. What does this Settlement Provide?
If the Settlement is finally approved and you file a valid claim, you will receive:
Return to top 5. Who is Included in the Settlement? Settlement Class Members are all residents of the 50 States of the United States, including the District of Columbia, Commonwealth of Puerto Rico and U.S. Virgin Islands who are either the current registered owners or lessees or who have previously owned or leased a Class Vehicle as of the Preliminary Approval Date and who, during the Class Vehicle's Standard Warranty Period, personally paid to replace a Class Vehicle's OEM Windshield(s) due to the Windshield Cracking Condition. Return to top 6. What are my options? If you are a Settlement Class Member, you have the following options:
Return to top 7. What do I need to do in order to receive a Settlement Payment? In order to receive a Settlement Payment, you must file a valid Claim Form. The Claim Form must be completed and returned to the Claims Administrator postmarked September 1, 2010 or 90 days after you paid to replace an OEM Windshield during your Class Vehicle's Standard Warranty Period - whichever is later. Your Claim Form must be fully completed, signed, and provide documentation to support your claim. A copy of the Claim Form can be downloaded here. Return to top 8. I did not have my windshield repaired or replaced by a Honda Dealer, am I still eligible to seek reimbursement for that expense? Yes. If you had the OEM Windshield on your Class Vehicle repaired or replaced by a non-authorized Honda repair shop during your Class Vehicle's Standard Warranty Period, you may submit a claim and seek reimbursement for that expense. Return to top 9. I no longer have the receipt for my windshield repair/replacement. Can I still submit a claim? You do not have to have a receipt in order to submit a claim. Other forms of acceptable documentation are a work order, a repair order, a cancelled check, and/or a credit-card receipt/statement. Please see the Claim Form for more complete information. A properly filled out and signed Claim Form must also accompany each request for reimbursement. Return to top 10. What is an OEM Windshield? "OEM Windshield" means windshields originally installed in Class Vehicles when purchased new, as well as replacement windshields that are Honda genuine parts (i.e., the windshield includes a Honda logo). Return to top 11. What is the Standard Warranty Period? The Settlement Agreement defines "Standard Warranty Period" to mean "the period applicable to the standard Honda new motor vehicle warranty, whose duration is three (3) years or 36,000 miles (whichever occurs first) from the date the Class Vehicle was sold as new."
Return to top 12. Who is excluded from the Settlement?
Excluded from the class (meaning these individuals my not file claims) are:
Return to top 13. How can I object to the Settlement? (UPDATED) If you do not request to be excluded, you may object to the Settlement. To do this, you must file a written objection which includes your full name, current address, telephone number, the model year and Vehicle Identification Number of your Class Vehicle(s), and the name and address of your lawyer if you are represented by Counsel. You must also include a statement of the position(s) that you wish to assert, including the factual and legal grounds for them as well as copies of any other documents that you wish to submit in support of your position. Finally, you must state whether you have objected to prior class action settlements, and if so, the number of times you have done so and provide the case name, court, and if available, the case number for each instance you have objected to a proposed class action settlement.
Return to top 14. How can I exclude myself from the Class? (UPDATED) To exclude yourself, you must submit your request for exclusion, which must contain your full name, current address, telephone number, the model year and Vehicle Identification Number of your Class Vehicle(s), and a specific statement of your intention to exclude yourself from the Settlement (for example, "Please exclude me from the Settlement Class").
Return to top 15. Who is representing the Settlement Class Members in this case? The law firm of Fazio Micheletti, LLP represents you and other Settlement Class Members. They are called "Class Counsel." Contact information for Class Counsel is as follows:
Return to top 16. When and where will the Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing in this case. At this hearing, the Court will determine whether the Settlement should be approved as fair, reasonable, and adequate. This hearing has been set for June 3rd, 2010, at 8:30 a.m. in Department 23 of the Superior Court of California, County of Los Angeles, 111 N. Hill Street, Los Angeles, California, 90012-3117.
Return to top 17. How can I confirm that my mailing address is correct? If your address has changed, you may update your address by sending an address change request verifying the case name, your full name, old address, current address and signature. The name of this case is The Honda Windshield Settlement.
Return to top 18. How can I receive more information?
If you have additional questions regarding this Settlement, you may contact the Claims Administrator by:
Return to top THIS IS ONLY A SUMMARY. Additional information about the proposed Settlement is available by reviewing the class notice and Settlement Agreement posted on this website. |
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