Go Back   986 Forum - The Community for Porsche Boxster & Cayman Owners > Porsche Boxster & Cayman Forums > Boxster General Discussions

Post Reply
 
LinkBack Thread Tools Display Modes
Old 07-19-2013, 12:50 PM   #1
Registered User
 
jsceash's Avatar
 
Join Date: Aug 2009
Posts: 1,466
Garage
Class action Settlement papers

Received Claim forms today for the Class action settlement from Eislen v. PCNA. Unfortunately the cost of repairs due to paranoia or as a preventive measure are not covered. So pretty much unless you blew up can prove it was cause by the IMS and have all the repair cost paperwork you are SOL.

Still glad I just change mine because!

__________________
2003 Black 986. modified for Advanced level HPDE and open track days.
* 3.6L LN block, 06 heads, Carrillo H rods, IDP with 987 intake, Oil mods, LN IMS. * Spec II Clutch, 3.2L S Spec P-P FW. * D2 shocks, GT3 arms & and links, Spacers front and rear * Weight reduced, No carpet, AC deleted, Remote PS pump, PS pump deleted. Recaro Pole position seats, Brey crouse ext. 5 point harness, NHP sport exhaust
jsceash is offline   Reply With Quote
Old 07-19-2013, 05:18 PM   #2
Registered User
 
Join Date: Jul 2012
Location: Utah
Posts: 200
Garage
Got my papers today too and used them to wipe my a@@! What a joke of a settlement, IF the court approves it. Porsche should pay to have every single 2001- 2005 cars in the class retrofitted with the LN bearing as a good faith gesture. Something along those lines would restore my faith in Porsche engineering and customer service. Right now I don't have much respect for the company. I have no doubt they cut corners for a few years just to save a dime at the expense of their reputation. Screw Porsche. I'll drive mine til she dies, which could be tomorrow, and then I will try something else.
__________________
2002 Boxster S
Arctic Silver Metalic
Gray leather/Black Top
1olddude is offline   Reply With Quote
Old 07-19-2013, 05:23 PM   #3
Registered User
 
gregdacat's Avatar
 
Join Date: May 2008
Location: Newport, KY
Posts: 202
Ditto mine showed up today, too. In fact they sent me two copies. If I read it correctly if your engine detonates due to the IMS after 7/17/13 and it is more than 10 years old, you loose. So, I guess my 2002 is no better off than before I got the letter(s).
__________________
Greg
2002 Triple Black, Desnorkled, Bumper Plugs, LN IMSB Upgrade
gregdacat is offline   Reply With Quote
Old 07-19-2013, 06:48 PM   #4
Registered User
 
evo-r's Avatar
 
Join Date: Mar 2013
Location: Long Island, NY
Posts: 378
I got one today too, so basically if your car is more than 10 years old or has over 130,000 miles then you are not covered (which is the case with my 2003 with 79k miles). In my case wouldn't it be better off if I exclude myself from this class action settlement so I reserve the right to suit PCNA in the future, since I know this settlement won't benefit me in any way?
__________________
His: 2003 Boxster & 2008 MDX
Hers: 2011 Golf TDI
evo-r is offline   Reply With Quote
Old 07-19-2013, 08:47 PM   #5
Registered User
 
Ckrikos's Avatar
 
Join Date: Sep 2002
Location: Northern NJ
Posts: 633
It's great how Porsche needs to be sued to extend their warranty where as other manufacturers do it willfully. Honda warrantied the power train on my 01 accord for 100k miles and then replaced the faulty transmission at 112k miles free of charge.
__________________
LB/GG/MB 02 2.7 sold
MB/GG 02 996TT
Ckrikos is offline   Reply With Quote
Old 07-20-2013, 03:40 AM   #6
Registered User
 
kk2002s's Avatar
 
Join Date: Sep 2012
Location: S. New Jersey
Posts: 1,239
Garage
It was nice to get a letter
__________________
2002 S - old school third pedal
Seal Grey
kk2002s is offline   Reply With Quote
Old 07-20-2013, 04:15 AM   #7
Registered User
 
Join Date: Aug 2007
Location: New Jersey
Posts: 691
Quote:
Originally Posted by evo-r View Post
In my case wouldn't it be better off if I exclude myself from this class action settlement so I reserve the right to suit PCNA in the future, since I know this settlement won't benefit me in any way?

That is how I read it. My car is 10+ years old too. If you don't exclude yourself, then you lose your future rights on this issue.

The other option is to do nothing. You will lose your future rights...but so what...are you actually going to sue Porsche on this? I view the expected value of the gains of a future individual lawsuit as being less than the cost of the envelope and stamp to send in the "opt-out".




/
__________________
SOLD - 2002 Boxster S - PSM, Litronics, De-ambered, Bird Bike Rack, Hardtop, RMS leak...
fatmike is offline   Reply With Quote
Old 07-20-2013, 05:18 AM   #8
Registered User
 
jsceash's Avatar
 
Join Date: Aug 2009
Posts: 1,466
Garage
I believe if you read into page 4 even if your car is ten years old you fit into the settlement at a reduce rate up to 130,000. Its after that your on your own. The big thing that affects most of us is we did not by our cars from a Porsche dealer under a Porsche certified program. That reduces most of our reimbursement to 25% maximum regardless of mileage.
__________________
2003 Black 986. modified for Advanced level HPDE and open track days.
* 3.6L LN block, 06 heads, Carrillo H rods, IDP with 987 intake, Oil mods, LN IMS. * Spec II Clutch, 3.2L S Spec P-P FW. * D2 shocks, GT3 arms & and links, Spacers front and rear * Weight reduced, No carpet, AC deleted, Remote PS pump, PS pump deleted. Recaro Pole position seats, Brey crouse ext. 5 point harness, NHP sport exhaust
jsceash is offline   Reply With Quote
Old 07-20-2013, 12:05 PM   #9
Registered User
 
Join Date: Apr 2012
Location: Atlanta, Ga
Posts: 112
I just got my letter...the 25% does suck, but it's still something. My 2002 Boxster S cost 14,000 to repair...so "if" this happens, I could be looking at 3500. Not holding my breath, but sure would be nice.

I wonder why only to 2005? The 06's and on up had IMS failures...didn't they?

Quote:
Originally Posted by jsceash View Post
The big thing that affects most of us is we did not by our cars from a Porsche dealer under a Porsche certified program. That reduces most of our reimbursement to 25% maximum regardless of mileage.
01SBox is offline   Reply With Quote
Old 07-20-2013, 12:58 PM   #10
Registered User
 
husker boxster's Avatar
 
Join Date: Sep 2006
Location: Omaha
Posts: 2,862
Quote:
Originally Posted by 01SBox View Post
I wonder why only to 2005? The 06's and on up had IMS failures...didn't they?
Porsche redesigned the IMS for the new M97 engine (some late M96 engines also have the new design) which hit the streets at about that time. The new design is much more reliable but not infallible. There are substantially fewer failures for the new design based on murky figures (only Porsche knows the exact numbers). Something like 10% failure for the 2001-2005 IMS and 1% for the 2006-2008 IMS. So 2006 and newer were not part of the class action suit. Depending on the build date, a 2005 Boxster could have the old or new design. 2006 was all new.
__________________
GPRPCA Chief Driving Instructor
2008 Boxster S Limited Edition #005
2008 Cayman S Sport - Signal Green
1989 928 S4 5 spd - black
1987 928 S4 - Granite Green Metallic (Felsengrun)
husker boxster is offline   Reply With Quote
Old 07-20-2013, 07:01 PM   #11
Registered User
 
aclark133's Avatar
 
Join Date: Mar 2012
Location: Hartford CT
Posts: 234
Garage
I have an 04... Should I try to get some money?
aclark133 is offline   Reply With Quote
Old 07-20-2013, 07:32 PM   #12
Registered User
 
Join Date: Jun 2013
Location: Socal
Posts: 560
Quote:
Originally Posted by aclark133 View Post
I have an 04... Should I try to get some money?
Have you suffered any out of pocket expenses due to a failure?
Ian c is offline   Reply With Quote
Old 07-20-2013, 09:25 PM   #13
Registered User
 
aclark133's Avatar
 
Join Date: Mar 2012
Location: Hartford CT
Posts: 234
Garage
Nope. Not yet at least
aclark133 is offline   Reply With Quote
Old 07-21-2013, 12:42 PM   #14
Registered User
 
Join Date: Jul 2012
Location: md
Posts: 55
what letter,,have not gotten one
whitedogs is offline   Reply With Quote
Old 07-21-2013, 01:39 PM   #15
Registered User
 
jsceash's Avatar
 
Join Date: Aug 2009
Posts: 1,466
Garage
Porsche of North America has a law suit against them, which has been turned into a class action suit that is going to settlement. A settlement claim is being sent to all registered owners of a 2001 to 2005 Boxster or 911. Called the Eisen IMS Settlement case no. CV11-9405 CAS (FFMx) (C.D. Cal.). You can see the claim and get information on it online at WWW.eisenimssettlement.com.

Hope this helps. They only started showing up to owners on Friday 7/19/13. If you have one of these cars and have had service recorded at a Porsche dealer or purchased your car at a Porsche dealer you should get one soon.
__________________
2003 Black 986. modified for Advanced level HPDE and open track days.
* 3.6L LN block, 06 heads, Carrillo H rods, IDP with 987 intake, Oil mods, LN IMS. * Spec II Clutch, 3.2L S Spec P-P FW. * D2 shocks, GT3 arms & and links, Spacers front and rear * Weight reduced, No carpet, AC deleted, Remote PS pump, PS pump deleted. Recaro Pole position seats, Brey crouse ext. 5 point harness, NHP sport exhaust

Last edited by jsceash; 07-21-2013 at 01:44 PM.
jsceash is offline   Reply With Quote
Old 07-21-2013, 03:48 PM   #16
Registered User
 
thom4782's Avatar
 
Join Date: Sep 2010
Location: Foster City CA
Posts: 1,099
I would hope that there is a large number of 986 owners, who either object to the proposed settlement or elect to exclude themselves from the settlement, so the court does not approve the proposal.

In my case, I have an 01S that 1) I purchased from a private party when it was just 2 years old, 2) has 105,000 to date, and 3) has not suffered an IMS failure. At best, I would receive 25 cents on the dollar if the car's IMS failed before it passes 130,000.

This makes the decision easy for me. I will object to the settlement. I've decided to choose this option for two reasons. There is a chance, albeit small, that the court will only approve a settlement that is more favorable to 986 owners. Second, even if the court approves the proposal, it isn't economically rational to sue on my own. The litigation costs would far exceed the total cost of buying an engine and installing it in my car.
thom4782 is offline   Reply With Quote
Old 07-21-2013, 04:09 PM   #17
Registered User
 
Join Date: Aug 2007
Location: New Jersey
Posts: 691
Quote:
Originally Posted by thom4782 View Post
I would hope that there is a large number of 986 owners, who either object to the proposed settlement or elect to exclude themselves from the settlement, so the court does not approve the proposal.

In my case, I have an 01S that 1) I purchased from a private party when it was just 2 years old, 2) has 105,000 to date, and 3) has not suffered an IMS failure. At best, I would receive 25 cents on the dollar if the car's IMS failed before it passes 130,000.

This makes the decision easy for me. I will object to the settlement. I've decided to choose this option for two reasons. There is a chance, albeit small, that the court will only approve a settlement that is more favorable to 986 owners. Second, even if the court approves the proposal, it isn't economically rational to sue on my own. The litigation costs would far exceed the total cost of buying an engine and installing it in my car.


I understood there was a deadline of 10 years after the in-service date. So if that is the case, then you wouldn't be entitled to anything in the event of a failure.



/
__________________
SOLD - 2002 Boxster S - PSM, Litronics, De-ambered, Bird Bike Rack, Hardtop, RMS leak...
fatmike is offline   Reply With Quote
Old 07-21-2013, 04:39 PM   #18
Registered User
 
thom4782's Avatar
 
Join Date: Sep 2010
Location: Foster City CA
Posts: 1,099
Fatmike - you're absolutely right. I should have been more clear in the 10 year point.

As a practical matter, the proposed settlement excludes all 2001 and 2002 Boxter owners, who HAVE NOT ALREADY experienced an IMS failure, from receiving compensation for future IMS related damage. That's over 90% of all 2001 and 2002 owners. Some deal, huh?

2003 owners are on the non-compensation bubble. And the clock continues to tick for 2004 and 2005 owners. The only clear winners, if one can call them that, are the poor folks who have already had an IMS failure within the 10 year / 130,000 limits. They may get some money out of the deal.

Still, I plan to object. Worst case, I gain nothing. Best case, the court finds class member objections persuasive and advises the litigants that it will only consider more owner friendly settlement proposals. While it may be wishful thinking, maybe I'd get some love from the court and find myself in a position to receive some compensation for a future IMS failure. As I said, if I choose exclusion, it isn't reasonable for me to sue on my own.

Last edited by thom4782; 07-21-2013 at 04:41 PM.
thom4782 is offline   Reply With Quote
Old 07-21-2013, 05:00 PM   #19
Registered User
 
evo-r's Avatar
 
Join Date: Mar 2013
Location: Long Island, NY
Posts: 378
I think I'll opt-out on this settlement as it doesn't benefit me at all...
__________________
His: 2003 Boxster & 2008 MDX
Hers: 2011 Golf TDI
evo-r is offline   Reply With Quote
Old 07-21-2013, 05:13 PM   #20
Registered User
 
gregdacat's Avatar
 
Join Date: May 2008
Location: Newport, KY
Posts: 202
Based on what everyone has been posting I guess I will opt out also. I wonder since they sent me two letters if I can opt out twice?

__________________
Greg
2002 Triple Black, Desnorkled, Bumper Plugs, LN IMSB Upgrade
gregdacat is offline   Reply With Quote
Post Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -8. The time now is 09:27 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Content Relevant URLs by vBSEO 3.6.0
Copyright 2023 Pelican Parts, LLC - Posts may be archived for display on the Pelican Parts Website -    DMCA Registered Agent Contact Page