03/10/23 | Case Update
The case was resolved with Ford agreeing to provide a customer satisfaction program, which provides the following benefits to owners of affected vehicles:
Customer Satisfaction Program
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Ford agrees to implement a customer satisfaction program (“CSP”) as follows:
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Covered Vehicles: All Recalled Expeditions and all Recalled Navigators.
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For owners of Covered Vehicles who experience a failure of the battery junction box or circuit board within 10 years of the warranty start date (the date of the initial sale to the original retail customer), Ford will provide a one-time replacement of the battery junction box and circuit board at no charge to the owner for parts or labor. Repairs must be performed by a Ford authorized dealer.
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Ford will provide notice by first class mail to all current owners in the ordinary course of business and in the same manner as it typically provides notice of other customer satisfaction programs.
Reimbursement of Excess Rental Fees
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Ford will make whole those Owners of Recalled Expeditions and Recalled Navigators who, according to Ford records, requested and received a loaner or rental vehicle at Ford’s expense but whose reimbursement was less than their actual and reasonable out-of-pocket costs.
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Owners claiming reimbursement must provide original documentation acceptable to Ford establishing the amounts charged and the amounts paid by the owners.
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Ford will send notice to owners potentially entitled to reimbursement advising them on how to claim reimbursement.
Owners Denied Loaners or Rentals.
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Ford will review its records to identify owners of Recalled Expeditions and Recalled Navigators who requested and were denied a loaner or rental by Ford.
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Ford will contact these owners to determine if they incurred rental car costs in connection with the recall and, if so, whether it is appropriate under the circumstances to reimburse them for such rental car costs.
Discretionary Reimbursement and Payments By CRC
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To address unique and unusual circumstances associated with the Recalls, Ford’s Customer Relationship Center (“CRC”) will consider reimbursement of the following expenses:
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Alternative Transportation: Taxi, Public Transport, (subway, train, or bus), Rideshare (Uber, Lyft, etc)
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Reasonable parking expenses incurred to comply with instructions to park outside and away from structures or other property.
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Insurance deductible paid to repair vehicle damage if the damage would not have occurred but for instructions to park outside and away from structures or other property.
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Other out-of-pocket expenses reasonably incurred because of the instructions to park outside and away from structures or other property.
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To address unique and unusual circumstances associated with the Recalls the CRC may also consider additional goodwill payments or other benefits.
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Owners who call the CRC have the right to consult with a supervisor on request.
WHAT'S THE ISSUE?
16 reports have been made of Ford Expedition and Lincoln Navigator vehicles spontaneously catching fire, including 12 cars which caught fire while parked and turned off. The cause is currently under investigation. Ford issued a recall notice which indicates affected vehicles were built between Dec. 1, 2020 and Apr. 30, 2021. The defect may be present in at least 39,000 2021 Ford Expedition and Lincoln Navigator vehicles, and Hagens Berman’s attorneys are investigating additional models and years. If you own an affected vehicle, please fill out the form for email updates about the case.
WHAT FORD VEHICLES AND MODEL YEARS ARE AFFECTED?
- Ford Expedition, 2021
- Lincoln Navigator, 2021
- Additional Ford- and Lincoln-branded vehicles and model years are under investigation.
HOW DO I KNOW IF MY FORD OR LINCOLN HAS THE DEFECT?
Ford has admitted the defect pertains to Ford Expedition and Lincoln Navigator vehicles built between Dec. 1, 2020 and Apr. 30, 2021. According to reports to the federal auto safety agency investigating the issue, customers have reported a burning smell and smoke from the front passenger engine compartment while driving. In its recall notice, Ford has stated that it will notify its dealers of the affected vehicles on May 19, 2022, and will send letters to the owners of affected vehicles between May 23, 2022 and June 3, 2022.
WHAT FORD AND LINCOLN OWNERS ARE SAYING ABOUT THE DEFECT
Owners of affected Ford and Lincoln vehicles have reported complaints pertaining to this dangerous defect via NHTSA (the National Highway Transit Safety Administration) as well as other online news outlets:
- “Caught fire after using factory installed remote starter. A few days prior to the fire, the cruise control stopped working, after the cruise control stopped working, we received two warning lights on the dash display, service advance trac and hill decent control fault…”
- “It started out as all of the warning lights came on and they immediately pulled over, within a few seconds realized there was a fire in the engine bay and got everyone and everything they could out. Within approx 5min the entire thing was engulfed in flames on the shoulder.”
- “The fire not only destroyed the Expedition, but also caught our attached garage on fire…”
- “A Ford Expedition caught fire this morning at the intersection of MLK and Oak Street. The driver said he heard a boom while going down the road and then this happened moments later. Thankfully, no one was hurt but the vehicle was a total loss. …We had an Expedition catch fire in front of our house a couple of months ago. Luckily the lady and her baby got out safely.”
FORD FIRE DEFECT EXPLAINED
Ford has stated that certain vehicles built during this time frame “may pose a risk of underhood fire,” including while the vehicle is parked and off. So far, Ford’s only guidance to owners faced with this serious risk to their safety has been instruction to park their vehicle outside and away from structures and other vehicles due to the risk of unattended vehicle fire. While the defect is still under investigation, we believe Ford owes more to those faced with this incredible threat and danger.
HOW CAN A CLASS ACTION HELP?
In an auto defect case, a class-action lawsuit often seeks repayment for vehicle owners and lessees for related losses, including loss of vehicle value due to the defect. Class members may have other claims to repayment as well under the law. The lawsuit may seek to create a fund paid for by the automaker to compensate those affected for out-of-pocket costs incurred when trying to fix the effects of the defect, including attempted repairs, replacements, damage to property and other losses.
TOP AUTO LITIGATION FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading nationwide cases against major automakers for emissions-cheating, safety defects and negligence, and your claim will be handled by attorneys experienced in automotive consumer law.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this case. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class’s legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.
CASE TIMELINE
