Frequently Asked Questions
- What is this lawsuit about?
- Why did I get this notice package in the mail?
- I saw this advertisement in the newspaper/a magazine/ on the internet, what is this Dex-Cool settlement all about?
- Why is this a class action?
- What Court is overseeing this settlement?
- What benefits does the settlement provide?
- How do I know if I am a member of this settlement Class and am qualified to get the settlement benefits?
- What do the repairs in the proposed settlement involve?
- What vehicles are included in the proposed settlement and what repairs are covered?
- Who is included in the settlement Class?
- Who is not included in this settlement Class?
- How do I participate in the proposed settlement?
- How do I file a claim?
- What is the deadline to file a claim?
- When will I get my payment?
- I'm moving and want you to change my address.
- I am filing the claim on behalf of someone else, what do I need to do?
- I received more than one Claim Statement. Do I need to return all forms?
- How do I comment in support of, or in opposition to, the settlement?
- How do I get out of the settlement?
- What’s the difference between objecting to the settlement, and excluding myself from the settlement?
- When and where will the Court decide the fairness of the settlement?
- Can I attend the fairness hearing? When will the fairness hearing be held?
- I need a lawyer to explain this to me. Do I need to speak to or hire an attorney?
- How will the lawyers be paid in this litigation?
- Do I have to go to court?
- May I speak at the hearing?
- When and where is the Fairness Hearing?
- How do I obtain further information?
- What sort of documentation do I need to provide in order to prove that I paid for the repair?
This settlement involves GM vehicles that were factory-equipped with Dex-Cool. Dex-Cool is an engine coolant designed to protect vehicles’ engine and cooling systems. A number of lawsuits were filed as class actions against GM in state and federal courts across the United States involving “Dex Cool.” Among other things, the lawsuits allege that (i) Dex-Cool in the vehicles caused problems with the vehicles’ engines or cooling systems, and (ii) that certain engine components, such as the nylon/silicone lower intake manifold gaskets equipped in certain vehicles, were defective.
Why did I get this notice package in the mail?
YOU ARE NOT BEING SUED. The “Notice” you received refers to a settlement of a class action lawsuit against General Motors. You received the Notice because you may be a member of the class and you, or a member of your family, purchased one of the vehicles covered by this settlement and may have paid for one of the covered repairs to that vehicle.
The Notice was provided to you so that you could decide if you wanted to be included as part of the settlement and receive benefits under the settlement, if you wanted to opt-out (exclude yourself) from the settlement class or if you wanted to comment about the settlement.
The Notice package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them and how to get them.
There is a proposed class action settlement involving the GM vehicles listed in the Notice. These vehicles were factory-equipped with Dex-Cool. Dex-Cool is an engine coolant designed to protect vehicles’ engine and cooling systems.
You are included in this proposed settlement if you own or lease or previously owned or leased any of the specified vehicles and made repairs related to the use of Dex-Cool.
Repairs involving intake manifold gasket failures, engine coolant sealing issues, and sludge (a rust-like material) are covered by this proposed settlement. These repairs would likely involve parts like the intake manifold and/or manifold gaskets, throttle body gaskets, radiator cap, heater core, water pump and other parts of the cooling system.
The Court in charge of this case still has to decide whether to give final approval to the proposed settlement. Valid claims will be paid if the proposed settlement is approved.
In a class action, one or more people, called a class representative, in this case Plaintiff Sadowski sue on behalf of people who have similar claims. All these people, together, constitute a plaintiff class. This is a class action because one court resolves all class-wide issues for all people who meet the class definition, except for those who exclude themselves from the class. .
What Court is overseeing this settlement?
The settlement captioned, Sadowski v. General Motors Corp. (Case No. HG03093843) is being reviewed in the Superior Court of the State of California for the County of Alameda.
The Court granted preliminary approval on March 20, 2008. You can view more details in the Preliminary Approval Order.
What benefits does the settlement provide?
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 are eligible depends on (i) when the Covered Repair was performed and (ii) the amount you actually paid, as described below:
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For a Covered Repair made within five years after initial vehicle delivery:
You are 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.) -
For a Covered Repair made in the sixth year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $100, if you were not previously fully reimbursed. - For a Covered Repair made in the seventh year after initial vehicle delivery:
You are eligible to be reimbursed the documented amount you paid out-of-pocket up to $50, if you were not previously fully reimbursed.
You are included in the class: (i) if you are a United States resident, (ii) if you own or lease, or previously owned or leased, any of the vehicles listed below, for personal, family, or household use (as opposed to commercial or business use), and (iii) if the vehicle was not purchased or leased in the State of Missouri, and:
- The vehicle has been in service for over seven years since the date the original buyer or lessee took delivery of the vehicle, and
- As of the date of the Notice (May 30, 2008), you have not had to pay for any Covered Repair that was performed during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle;
OR - Regardless of how long the vehicle has been in service, you paid out-of-pocket for a Covered Repair that was performed on or before May 30, 2008, and during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle.
What do the repairs in the proposed settlement involve?
Repairs involving intake manifold gasket failures, engine coolant sealing issues, and sludge (a rust-like material) are covered by this proposed settlement. These repairs would likely involve parts like the intake manifold and/or manifold gaskets, throttle body gaskets, radiator cap, heater core, water pump and other parts of the cooling system. See below for a complete description of the specific types of repairs covered for each vehicle type.
What vehicles are included in the proposed settlement and what repairs are covered?
| GROUP A VEHICLES Model years 1995-2003 Equipped with 3.1-liter or 3.4-liter V6 engine, manufactured before April 10, 2003 with a nylon/silicone lower intake manifold gasket. |
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| Buick | Century, Rendezvous, Regal, Skylark |
| Chevrolet | Impala, Lumina, Malibu, Monte Carlo, Venture, Corsica, Beretta, Lumina APV |
| Oldsmobile | Alero, Cutlass (Supreme and Ciera), Silhouette | Pontiac | Aztek, Grand Am, Grand Prix, Montana, Trans Sport |
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.
Group A Covered Repairs: Replacement of failed nylon/silicone lower intake manifold gasket.
| 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 |
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.
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.
| 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.
If you own one of the models listed above, 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.
Who is included in the settlement Class?
You are included in the class: (i) if you are a United States resident, (ii) if you own or lease, or previously owned or leased, any of the vehicles listed above, for personal, family, or household use (as opposed to commercial or business use), and (iii) if the vehicle was not purchased or leased in the State of Missouri, and:
- The vehicle has been in service for over seven years since the date the original buyer or lessee took delivery of the vehicle, and
- As of the date of the Notice (May 30, 2008), you have not had to pay for any Covered Repair that was performed during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle;
OR - Regardless of how long the vehicle has been in service, you paid out-of-pocket for a Covered Repair that was performed on or before May 30, 2008, and during the first seven years or 150,000 miles (whichever is earlier) after the date the original buyer or lessee took delivery of the vehicle.
Who is not included in this settlement Class?
People who purchased or leased their GM vehicle in Missouri are not included in this proposed settlement. They are instead included in a separate proposed settlement that is being submitted for approval to a Missouri state court. The settlement benefits of the proposed Missouri settlement are the same as the settlement benefits of the proposed settlement described in the Notice.
You can access Missouri case information here.
How do I participate in the proposed settlement?
If you are an eligible Class Member, to participate in the proposed settlement you must submit a claim as described below. You do not need to do anything else to participate. If you submit a valid claim on time, the Court approves the proposed settlement, and the judgment becomes final, then a reimbursement check will be mailed to you. For more details, please consult the Notice.
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.
- Completed Claim Statement. A Claim Statement form is available on this website. You can also call the Claims Administrator toll-free at 1 (866) 245-4291 to have a Claim Statement form mailed to you.
- 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.
- 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.
- 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.
- If you wish to submit your claim online, please fill out the online Claim Statement form, which is available on this website, 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.
- 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.
- 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.
What is the deadline to file a claim?
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.
If you wish to submit your claim online, please fill out the online Claim Statement form, which will be available at a later date on this website, 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.
On August 29, 2008, the Court will hold a fairness hearing to approve or not approve the settlement. Under the terms of the settlement, the money will not be distributed until there is no possibility of appeal. If there are no appeals, your share of the settlement fund will be distributed. If there is an appeal by a class member, the payment process may be delayed.
I'm moving and want you to change my address.
If your address changes after you have submitted your claim form you must notify the Claims Administrator of your new address in writing.
I am filing the claim on behalf of someone else, what do I need to do?
If you act as an agent, representative, executor, heir, administrator, guardian, custodian, or trustee for an eligible class member for whom you are making a claim under the settlement, you must complete and sign the Claim Statement on behalf of the person or persons you represent, and state on the Claim Statement:
- the capacity in which you are acting; and
- the name, address, and telephone number of the class member on whose behalf you are acting.
Additionally, you must provide documentation establishing that you have the authority to act in the representative capacity stated on the Claim Statement.
I received more than one Claim Statement. Do I need to return all forms?
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.
How do I comment in support of, or in opposition to, the settlement?
If you are a Class Member and do not exclude yourself, you may object to or comment on all or part of the proposed settlement. This includes plaintiffs’ counsel’s request for attorneys’ fees, expenses, and incentive awards for the named plaintiffs. Objecting is not the same as excluding yourself. If you object and the proposed settlement is approved, you will still be bound by the final judgment and your claims will be released.
You must submit your objections or comments in writing as follows:
On the first page, please include a prominent reference to Sadowski v. General Motors Corp., Case No. HG03093843. Your objections or comments must include:
- Your full name, address, and telephone number;
- The year, model, and vehicle identification number of the vehicle covered by the proposed settlement that you currently or previously owned or leased, along with proof of a Covered Repair;
- Your signature; and
- Any supporting papers or briefs on which your objections or comments are based.
You must deliver your objections or comments to the Court by filing them in person at any location of the Alameda County Superior Court that includes a facility for civil filings or by mailing them to Clerk of the Court at the address listed below, with copies to Co-Lead Counsel for the class and GM’s counsel. They must be received no later than August 13, 2008. The mailing addresses for the Clerk of the Court, Co-Lead Counsel, and GM’s counsel are as follows:
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Clerk of the Court Rene C. Davidson Alameda County Courthouse 1225 Fallon Street Oakland, California 94612 |
Co-Lead Counsel: Eric H. Gibbs Girard Gibbs LLP 601 California Street, 14th Floor San Francisco, California 94108 |
Counsel for GM: Robert B. Ellis Kirkland & Ellis LLP 200 East Randolph Drive Chicago, Illinois 60601 |
How do I get out of the settlement?
If you wish to exclude yourself from the class, you must submit a letter or postcard, such that it is received on or before August 13, 2008, stating:
- Your name, address, telephone number;
- The year, model, and vehicle identification number of the vehicle covered by the proposed settlement that you currently or previously owned or leased; and
- That you wish to be excluded from the class and proposed settlement in the lawsuit Sadowski v. General Motors Corp., Case No. HG03093843.
You must send your exclusion request to the Claims Administrator, addressed as follows: Dex Cool Litigation, c/o The Garden City Group, Inc., P.O. Box 9239, Dublin, OH 43017-4639. If you submit a valid exclusion request on time, you cannot obtain a reimbursement payment under the proposed settlement. You will not be bound by the final judgment, and you will not be barred from bringing, continuing, or being part of another lawsuit concerning expenses you incurred because of a Covered Repair.
If you do not properly exclude yourself, all of your claims based on such expenses will be released, and you will be barred from bringing, continuing, or being part of any such lawsuit. You will be barred even if you do not submit a claim under this proposed settlement. In other words, if you do nothing at all, your claims will be released, and you will receive nothing under the proposed settlement.
Objecting is simply telling the Court that you don’t like something in the settlement and do not think it should be approved. You can only object if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you cannot object because the case no longer affects you.
When and where will the Court decide the fairness of the settlement?
On August 29, 2008 at 11:00 a.m, a hearing will be held before the Honorable Robert B. Freedman, in Department 20 of the California Superior Court for Alameda County, County Administration Building, 1221 Oak Street, Oakland, California 94612. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate and should be approved. The Court will also decide whether a final judgment should be entered dismissing this lawsuit; and the amount of attorneys’ fees and expenses and incentive awards to class representatives. This hearing may be postponed without further notice to the class.
Can I attend the fairness hearing? When will the fairness hearing be held?
Yes, you may attend the fairness hearing at your own expense. If you send written comments in support of or in opposition to the settlement, you do not have to come to court. As long as you mailed your written comments on time, the Court will consider them. You may also pay a lawyer to attend.
The fairness hearing will be held on August 29, 2008 at 11:00 a.m. before the Honorable Robert B. Freedman, in Department 20 of the California Superior Court for Alameda County, County Administration Building, 1221 Oak Street, Oakland, California 94612.
I need a lawyer to explain this to me. Do I need to speak to or hire an attorney?
You may hire an attorney at your own expense or contact one of the Plaintiffs’ attorneys, who filed the lawsuit, and are representing all of the class members at no out-of-pocket cost. The Plaintiffs’ attorneys are available to answer any questions you may have. They do not work for the Defendants. The Court ordered that the class members be represented by :
Eric H. Gibbs
Girard Gibbs LLP
601 California Street, 14th Floor
San Francisco, California 94108
How will the lawyers be paid in this litigation?
Since this litigation started in 2003, over 20 law firms have devoted more than 43,000 hours to prosecuting the various lawsuits across the country on behalf of Class Members purely on a contingent basis, and have received no compensation for their services or reimbursement of their expenses. As part of the proposed settlement, subject to Court approval, plaintiffs’ counsel will apply for attorneys’ fees not to exceed $16.5 million and expenses not to exceed $1.55 million.
Application will be made for incentive awards not to exceed a total amount of $140,000 for the named plaintiffs in the lawsuits. There are more than 100 named plaintiffs in the lawsuits. This is to recognize their initiative and effort in pursuing the matter on behalf of other vehicle owners and lessees. Any amounts approved by the Court will be paid by GM separately from and without reducing the reimbursement payments it makes to Class Members under the proposed settlement.
No. Whether you want to participate in the settlement, object to the settlement or request to be excluded from the settlement, you do not have to go to court. However, you may choose to go to court.
If you wish to speak at the Fairness Hearing, you must also state in your objections or comments that you intend to appear and speak at the hearing. If you do not include this statement, you will not be entitled to speak at the hearing.
If you submit an objection and wish to preserve your appellate rights, you must appear in person, through your counsel or as otherwise permitted by the Court, at the Fairness Hearing. If you do not wish to appear in Court then you must state so in your objection.
When and where is the Fairness Hearing?
On August 29, 2008 at 11:00 a.m, a hearing will be held before the Honorable Robert B. Freedman, in Department 20 of the California Superior Court for Alameda County, County Administration Building, 1221 Oak Street, Oakland, California 94612. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate and should be approved. The Court will also decide whether a final judgment should be entered dismissing this lawsuit; and the amount of attorneys’ fees and expenses and incentive awards to class representatives. This hearing may be postponed without further notice to the class.
How do I obtain further information?
You can get more information by calling the Claims Administrator toll-free at 1 (866) 245-4291; sending an e-mail to info@dexcoolsettlement.com; or by sending a written inquiry to Co-Lead Counsel at the address above. In addition, you can view the Court’s docket at www.alameda.courts.ca.gov/domainweb and inputting case number HG03093843 or JCCP004495. Otherwise, please do not direct any inquiries to the Court.
What sort of documentation do I need to provide in order to prove that I paid for the repair?
You must provide documentation that the repair was performed and that you paid the repair cost you specified. Acceptable documentation includes a repair invoice or a receipt showing payment for the repair. If a repair invoice or repair receipt is not available, you may submit (i) a written statement from the person or business who made the repair stating that the repair invoice or other documentation from the time of the repair is unavailable and that the repair qualified as the type of repair you indicated above (i.e., Group A, Group B, or Group C repair); and (ii) proof that you paid the amount you specified above, such as a credit card statement or cancelled check. If you are unable to provide any of the above documentation, you may submit the best available written statement or other documentation that you believe demonstrates proof of the repair expenditure. In that case, the Claims Administrator and the parties will review all claims with such documentation and jointly decide whether to approve your claim.