Chrysler Pacifica Hybrid FAQ

Dozens of Pacifica Hybrid owners have reached out to us for more information about the lawsuit, about Fiat Chrysler’s concealment and about what compensation you can expect. The questions and answers below are questions we've received from owners that have been answered by the Hagens Berman legal team. 

MY SIGN-UP INFORMATION:

Did you receive my information?

If you received a confirmation email from Hagens Berman after submitting the form, your information has been received and is in our database. If you haven’t filled out the form, sign up here »

Am I represented by Hagens Berman?

Submitting the form on our website does not create an attorney-client relationship with the firm, but we will make our best effort to keep your information confidential.

ABOUT THE CASE:

You’ve filed a couple of cases. What happens now?

The case moves forward. The next step will likely be consolidation of the several cases on file after transfer to a single court. Then there will likely be a consolidated complaint. After that, there will be motions to dismiss and discovery will commence.

Why am I not named in the complaint?

The individuals named in the complaint are class representative plaintiffs. Each class representative plaintiff serves as a proxy for all other owners of affected vehicles who are protected under the same set of state laws. Generally, we look for one or two class representative plaintiffs from each state. You do not need to be a class representative plaintiff to be a part of the case or to get a damage award from the case. Contact our team if you’re interested in serving as a class representative »

Should I sign up with you? If so, how do I do so?

Yes, signing up through our website ensures you will receive updates about the case. Sign up here »

What will I get out of this case?

It is too early to know what the result will be. We are going to fight for the best possible outcome for Chrysler Pacifica Hybrid owners, which will include providing Pacifica owners a fix and/or compensation. If Fiat Chrysler is not willing to provide a fair settlement, then the case will proceed in litigation.

What is the case about?

This case is brought on behalf of owners of 2017-2018 Chrysler Pacifica Hybrid vehicles (PHEV) relating to a hazardous defect that causes these vehicles to catch on fire or explode even when the engine is turned off.

Which vehicles are affected? Is mine on the list?

Affected vehicles include 2017-2018 Chrysler Pacifica plug-in electric vehicles (PHEV)

What is the intended outcome?

Hagens Berman will seek to hold Fiat Chrysler accountable for its concealment of the defect. We will fight tirelessly for recovery for owners. 

What types of damages are you seeking in the class action?

In our class actions, we seek for each class member the damages they incurred as a result of 
Fiat Chrysler’s concealment of the defect in the affected vehicles. Such damages may include any of the following depending on the law in a given state:

• the premium paid over the price of an equivalent vehicle with a gasoline engine;
• the purchase price of the vehicle;
• the cost of unused extended warranties;
• the cost of excess fuel associated with a decrease in use of Hybrid mode;
• the cost of future repairs;
• and the loss in value of affected vehicles if such occurs.

How long will it take to resolve this?

Cases of this nature usually take between one and four years to resolve. 

How much money can I expect?

At this early stage of the litigation it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable. Strictly for purposes of example, in the Toyota Sudden Unintended Acceleration case, which Hagens Berman led, the case settled for $1.6 billion, and qualifying class members received a check between $125 and $6,000, depending upon the characteristics of the vehicle owned. This case could be larger or smaller than the Toyota case, but Hagens Berman will fight for the largest possible recovery for class members.

How many other firms will be filing suit?

There will likely be several law firms filing suits throughout the country. These suits will probably all be consolidated for pre-trial purposes with a single court and that court will select a small group of lawyers and firms to organize and manage the litigation as lead counsel. Hagens Berman has been chosen to lead and help lead many massive cases relating to defects in cars, including: Volkswagen Dieselgate (over $10 billion in settlement); Toyota Sudden Unintended Acceleration ($1.6 billion settlement); and the Hyundai/Kia MPG case ($380 million settlement). No other firm has Hagens Berman’s proven track record in massive nationwide auto defect cases.

LETTERS OR OFFERS FROM FCA:

If I respond to letters, emails or calls from FCA, will it harm the class action case?

No. Responding to FCA’s letters, emails or calls will not have an adverse effect on our lawsuit. You are free to participate in FCA’s rental reimbursement program, if you chose to, and you can accept any gift cards that they offer you. However, be careful not to sign any document that waves any claims you may have against FCA or requires you to participate in arbitration instead of being able to sue FCA.

I received a letter from FCA. What should I do?

Owners of vehicles have been receiving form letters from FCA in which the manufacturer still does not offer you any solution. While FCA states that there is nothing for owners to do at this stage, there is much you can do to make sure your interests are protected, and you should not sit idly by for months on end. FCA would like nothing more than to be able to discount the concerns of customers and regulators by claiming that most owners have not joined class actions or otherwise complained of the defect. Do not let your concerns go uncounted.

REPRESENTATION:

If I submitted my information to you on your website or by email, do you represent me in this lawsuit?

In a class-action lawsuit, when the case is first filed, the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed.

FEE:

How much does it cost?

There is no cost or fee whatsoever involved in joining the lawsuit. In the event Hagens Berman or any other firm obtains a settlement or judgment that provides benefits to class members, the court will decide a reasonable fee to be awarded to the lawyers for class members. Any such fee may be paid separately from damages by FCA, or it may be deducted from the class-wide settlement before funds are distributed to individual class members. In no case, however, will any class member ever be asked to pay any out-of-pocket sum to the class lawyers.

ABOUT POSSIBLE SETTLEMENTS:

How are settlement funds for a case like this distributed?

If a settlement is reached, the settling parties will propose a distribution plan to the court. The court will evaluate the plan and approve if it is fair and reasonable under the circumstances. The formula here will likely take into account the cost of the car, the age of the car, and the expected drop in value, performance and efficiency of the car.

WHAT IF…

Can I be a part of the lawsuit if I leased my car?

Yes.

Can I be a part of the lawsuit if I sold my car?

Yes, if you sold your car after the recall was announced, you may be part of the lawsuit.

I live outside of the US. Can I still be a part of the lawsuit?

Hagens Berman’s present lawsuits are on behalf of persons who purchased their cars in the United States. If you bought your car in the United States and still own it, it does not matter where you live, you can still be part of the lawsuits. However, if you did not purchase your car in the United States, you may not be a part of the lawsuits.

I am in the military working overseas and have my car with me. Can I be a part of the lawsuit?

Yes, if you bought your car in the United States.

I have a residence in the states, but I work overseas. Can I be a part of the lawsuit?

Yes, if you bought your car in the United States.

My local attorney recommended that I sue FCA on my own. What are the benefits of being part of a class-action lawsuit?

There are many benefits to participating in the class action: 

• you do not have to pay any advance or hourly fees to your attorneys, and your attorneys will be among the finest and most respected plaintiffs’ lawyers in the country;
• your attorneys will pay all fees and costs associated with prosecuting the lawsuit and will not be paid at all if they do not obtain a settlement or judgment that the court determines is fair, reasonable and adequate;
• you will not have to provide discovery, be deposed, appear in court or otherwise participate in the lawsuit unless you ask to be a class representative and are chosen for that role;
• your attorneys will have the collective bargaining power of hundreds of thousands of class members;
• depending upon where you live, you may not have the right to sue your local dealer or FCA because of an arbitration clause in your purchase or lease agreement;
• If a settlement is obtained, you will have the right to review the proposed settlement and then decide whether or not to be included in it. If you decide not to participate, you will retain the right to sue (or continue to sue) on your own. For many claims, the statute of limitations will begin to run only after you exclude yourself from the settlement; the law in some states may differ.

If I am involved in the class action, can I still sue FCA on my own?

If a class action is certified, and you do not opt out of the class or a proposed class settlement, then you will not be able to sue Fiat Chrysler for the same claims that were resolved in the class action. However, if you choose not to accept a proposed settlement, or choose to opt-out of the class, then you will retain whatever rights to sue you had prior to the class action.

Can I be a part of the lawsuit if I don't live in the US?

At present, our lawsuits are only on behalf of owners in the United States, and only US residents and citizens can be a part of our proposed classes. However, the cases are still in the earliest stages, and they may expand through various other courts and mechanisms. If you send us your contact information, we will happily keep you up to date on all happenings and will reach out to you if the cases swell to include your country.

MY VEHICLE:

Should I continue making payments on my vehicle?

Yes.  The fact of the filing of the lawsuits does not terminate your separate financing agreements with your bank or Fiat Chrysler’s affiliated credit provider.  If you stop making your payments you may suffer adverse credit consequences and may lose your car.

I fear a significant loss in resale value. What can I expect?

It is highly likely that the affected vehicles will suffer a significant loss in resale value.

I want to return my car. What do I do?

There is no reason why you cannot talk to your dealer and Fiat Chrysler and try to obtain a return or buyback of your car.  If you do accept such an offer, please document carefully the transaction, including any discounts from your full purchase price.  Any losses may be recoverable through the lawsuits.

If there is a recall, will I be forced to take my vehicle in?

If FCA is able to develop and release a fix to the defective hybrid drive system then, for safety reasons, you should have the fixed performed.

ABOUT THE PROCESS:

There are multiple cases filed against FCA. Why?

Anyone can file a lawsuit. There are many owners who want to sue Fiat Chrysler, and many lawyers who want to be part of the lawsuits. All of the cases, however, will be consolidated to a single court for pretrial purposes, and that court will choose a select few firms to manage the litigation.

Do all of the cases get merged together?

Yes. See above.

Since I signed up on the form, am I assured to be a part of the lawsuit? 

If you owned one of the affected vehicles and a class of such owners is certified by the court, then you will be part of the lawsuit unless you choose to opt-out of the case or any proposed settlement.  We will keep all class members who register with us up to speed on all significant events in the case. 

Why is getting lead counsel a benefit to the plaintiff?

If you are a class representative plaintiff and your counsel is selected to be lead counsel, you will participate directly in the lawsuit, and you will be consulted on major events in the litigation.  If you are a class member and have provided your information to us, then we will provide you with updates on the case and keep you apprised of all relevant information that becomes available from the case and from Fiat Chrysler.

How does a class action work?

In a class action, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the case to be decided after presenting the facts related to a representative plaintiff’s experience. This way, the rights of hundreds of people can be efficiently decided without each person having to present their individual case to the court. If liability is found or if the case is settled, a judgment or settlement amount is obtained to pay for everyone’s damages. That settlement or judgment fund is then distributed to all class members based on a formula determined by the court to be fair and reasonable.

I've already joined a class action. Is it OK to join more than one suit?

“Joining” a class action is a bit of a misnomer.  In fact, everyone who owns an affected vehicle will automatically be a class member if any case, or a consolidated case, is certified as a class action by the judge, and that owner does not affirmatively “opt-out” of the class case.  Because a decision on whether to certify a class in this case will not occur for many months, as it stands, all owners of affected vehicles are potential class members, and you can provide your information to any of the law firms that have filed cases against FCA.
The exception is if you have been named as a class representative plaintiff in a Fiat Chrysler lawsuit—that is, your name is on the lawsuit as a plaintiff—then you would not be able to be a named class representative in another lawsuit alleging the same bad acts by FCA.  If you are not the named class representative plaintiff in a lawsuit, you are not yet a part of that lawsuit, and your options are not at all limited.

ABOUT HAGENS BERMAN:

Why should I sign up with Hagens Berman?

Hagens Berman has the most experience and the most successful track record in the country bringing big settlements for consumers against major automakers – bar none. Our legal team specializing in automotive defect litigation helped secure a $14.7 billion settlement for VW owners in the diesel emissions scandal, $1.6 billion for Toyota owners for unintended acceleration, $1.3 billion for owners of Hyundai/Kia vehicles containing a dangerous fire hazard —more than $20 billion in recoveries for our clients through our automotive defect litigation practice. This is our firm’s specialty, and we do it better than any other firm in the nation.

If I sign up with Hagens Berman what can I expect?

You can expect that our firm will fight vigorously for your rights as a consumer, and right the wrong that FCA was committed. Our firm has secured major victories for consumers in numerous cases and will hold Fiat Chrysler responsible for this tremendous loss to vehicle owners.

CONTACT:

How do I ask questions about the case?

If you have questions regarding the case, email the legal team at [email protected].

WHAT TO EXPECT:

What are next steps?

There will be a hearing to decide where the cases will be consolidated and what judge will preside over the litigation. The assigned judge will decide which firms will be in charge of the litigation. Soon after that a consolidated complaint will be filed and the litigation will begin with motions practice and discovery. There will likely be no major developments from the class member perspective for at least 4 to 6 months.

What else can I do?

As long as you have provided us your information, we will let you know if anything else needs to be done. If you decide to service, recall or repair your car, please keep accurate records of any such transactions.