2016 Volvo Recall Class-Action Suit

Discussion in 'Volvo Forum' started by Jay1978, Mar 26, 2016.

  1. Jay1978

    Jay1978 Bobtail Member

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    2016 Volvo Steering Shaft Recall Class-Action Lawsuit Filed.
    If you are an owner of a 2016 Volvo Truck that is affected by the steering shaft recall, you may want to pay attention.

    This recall is nothing new from my research. Volvo had the same recall a few years ago. Volvo recalled over 68,000 dating from 2001-2006 for faulty steering shafts, that has apparently led to 12 crashes resulting in injuries. Ten years later, one would think Volvo would have learned from their mistakes.

    Now, in November 2015, Volvo issued a new recall for all 2016 Volvo trucks built between May 11, 2015 and November 12, 2015, citing that the bolt on the two-piece steering shaft may loosen and cause the shaft to come apart resulting in complete loss of steering control.

    Then recently, on March 16, 2016, Volvo expanded the recall to include trucks built between May 11, 2015 and March 8, 2016, and added that the roll pin was also missing, a vital piece of information they neglected to disclose in earlier recalls.

    To Volvo's credit, they have offered to pay for the truck to be towed to the nearest authorized Volvo repair shop for an interim repair that would allow for the trucks to be "safely" put back into service until a permanent fix was available, which requires the two-piece steering shaft to be replaced with a single piece steering shaft.

    However, most shops are struggling to even get parts to make this temporary fix. Some have been fortunate to receive the permanent fix with the one-piece shaft, where they have taken the parts off of new non-affected trucks, but odds are slim at best, considering this recall affects over 20,000 trucks in the U.S. and over 7,000 in Canada, from what I've learned.

    Otherwise, you are left with the alternative to have the temporary fix, IF your steering shaft is within spec with no play. Unfortunately, my steering shaft is too far out of spec, and cannot receive the interim fix, as I suspect many are.

    Now Volvo is suggesting to have the shops replace the recalled parts, with the same recalled "in spec" parts as an interim fix until the parts are available for the permanent fix. This is not acceptable to me.

    What does that accomplish? Mitigate damages? And who's damages? Mitigate down time? Does it take away the safety risk? Does it eliminate the future down time to have to the permanent fix? Does it recover our losses thus far or losses in the future? And if so, what proof is there to substantiate having such a claim that the temp fix is at all even safe?

    On another thread, someone stated that Volvo was receiving receipts for out of pocket expenses, and rental reimbursement until the parts for the interim fix was avaialble. I asked about that, but was told that reimbursement was not guarunteed, and subject to approval. The fact is, Volvo Corp. is not going to voluntarily offer compensation for down time or reimbursements for expenses, or they would be by now to mitigate their costs and legal ramifications. I am convinced of this.

    And while others may be in a different scenario, I cannot afford to pay for 2 trucks until their screw up can be fixed. I also am not willing to accept their interim fix as reliable or safe, given history has proven they continue to expand the nature of the recall, and the fact it seems to be an issue they have had for the past decade.

    As such, I have begun the process to file a class-action lawsuit against Volvo to recover damages that has resulted in this obvious act of neglect. While this lawsuit is not a silver bullet, and does not guaruntee anything, it does at least put Volvo on notice that this type of negligence will not be tolerated.

    We as drivers have so much to lose. Imagine your steering shaft came apart while rolling down the freeway at 70mph, 80,000 lbs., and no control.

    Yeah, that might seem mellow dramatic, but not really when put into perspective. That's the reality as expressed by Volvo themselves in their recall documents. Should that go unpunished? I don't think the motoring public would say so.

    And what of the driver of that truck? I personally could not imagine what I would have to deal with if my truck plowed into oncoming traffic, injuring, or even killing innocent motorists, through no fault of my own, not to mention my own life and what my family of 5 would do.

    Therefore, I am not permitting any interim fix. Volvo will have to permanently fix the truck and certify that fix to be safe, and stand behind it as part of my warranty. The fact is, if I allowed this interim fix, drive that truck that has the same safety hazard, Volvo will instantly turn the blame on us for making the decision, as a professional driver, to drive that truck without any bonafide warranty of the repair, and deny any liability as such. The motoring public and DOT will do the same. I have too much to lose, how about you?

    If you are interested in joining us in this class-action, email me directly at jgrammes@aol.com . I will then forward to you the contact info to the law firms that are handling the case. I have selected the same firms that have handled the Toyota acceleration recalls, among others. For legal reasons, I cannot post that info here, but am happy to help a fellow driver.

    We have enough burden and regulations threatening our careers. We work hard, sacrifice, and unconditionally give for the sake and safety of others, gratuitously and unthanked. I can deal with that. But what I can't deal with is losing faith in the very equipment I worked hard to pay for, to put me in a position that could, and has, put me and the motoring public in danger, whether realized or in theory.
     

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  3. mnmover

    mnmover Road Train Member

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    Volvo is being proactive on this issue. The recall years ago was for a different part in the steering, the drag link between the steering sector and the tierod assembly. The DOT will put any truck out of service if caught driving without the required repair. Volvo said they would pay for towing. Probably not lost time. Make them provide another suitable truck til yours are fixed.
     
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  4. otherhalftw

    otherhalftw R.I.P.

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    Class Action law suits only make lawyers richer and products cost more....nothing else! Senseless!!
     
  5. DUNE-T

    DUNE-T Road Train Member

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    It's gonna be super tough to get money for lost revenue, I think by law they are only required to pay for parts and labor
     
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  6. mnmover

    mnmover Road Train Member

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    This isn't the first go around for Volvo. I remember back in the 90's when I drove at Yellow they had speced small greased bearings in the front axles because supposedly they would be maintenance free. Soon after the Bears started to fail with the front wheels falling off. Yellow had to rent any tractor they could find to keep moving freight until the bearings were replaced with oil bath bearings.
     
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  7. otherhalftw

    otherhalftw R.I.P.

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    Agreed! If they tried to hide the problem, or cover up the trucks that had failures...the whole situation would be different. But they were proactive in notifying customers.
     
  8. Jay1978

    Jay1978 Bobtail Member

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    If you do not wish to join the suit, that is your right and perogative, does stop me or any others from doing so.

    There was nothing proactive about what Volvo has done. I should be grateful they, through their negligence, has taken away my livelihood and only means to make a living until they decide to manufacture parts? Why? Because they paid to tow my truck? Because they are fixing, on their terms, and of their timeline, the very problem they caused by their own admission?

    And so what if it makes a lawyer rich. If I want to get rich, I'll join that profession. I choose to drive a truck, that I paid for. And if I am disenfranchised by their neglect, I have the right to cash in on the warranty they provided. This is a breach of that warranty wherein it claims to provide equipment free and clear of any defect.

    And regardless of the nature of past recalls, it still surrounds the very nature of this recall. And equipment is not expensive because they get sued, it's expensive because of greed. They, among other manufacturers corner the market. Without their product, we have no business. Supply and demand. It's pure mathematics.

    I'd bet not one of these posts thus far are people that are actually affected. But at the end of the day, it costs me nothing to fight for what I believe is right, win or lose.

    Had Volvo been "proactive" and offered and interim vehicle as they should have, there would be no reason to sue, as there would be little to no damages.

    So, say what you will, but at the end of the day, that won't stop my intention.
     
  9. Scooter Jones

    Scooter Jones Road Train Member

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    Did your truck get repaired, are you back on the road yet?
     
  10. KB3MMX

    KB3MMX Road Train Member

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    IMO with the scope of this major recall, Volvo/Mack should have sourced every avail. Mfg. needed to get the correct repair parts made immediately.

    .....Not this cost saving screwing around while everyone waits on their lowest bidder mfg to make them!!!!!!
     
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  11. Jay1978

    Jay1978 Bobtail Member

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    I have just gotten my truck back yesterday in fact. It does not have the permanent fix. They had to remove my old two-piece steering shaft because it was too far out of spec, and replaced it with a new recalled two-piece steering shaft, and apply the fix. Very counter productive.

    They are not standing behind it either, the mechanics I spoke to say they wouldn't "put their name on it". Volvo is not guaranteeing this will be safe until the permanent single piece shaft is manufactured, wherein they estimate may take up to 6 months to get, but only offering a service order showing the recall number being addressed to satisfy DOT. They said they will issue a thrid recall again once they have the permanent parts, I will then have to return for the permanent fix, more down time.
     
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