Volkswagen Group of America, Inc. (VW) will be asking a small number of 2021 VW ID.4 electric crossover SUV owners, to return to their dealerships because of a problem affecting the solder connections inside the HV battery of their vehicles. This defect could result in a stall and may increase the risk of an accident. A fix for this problem is still under development by the manufacturer.

VW became aware of the defect in January 2021 when the first known field case occurred outside the U.S. VW quality and safety departments began to monitor the field reports for the nature and frequency of the non-starting condition and found reports of similar problems in other brand vehicles using the same or similar battery systems. During a multi-brand clearing committee meeting, impacted brands shared information on the potential stall while driving cases and decided to conduct a recall. Volkswagen will be conducting a recall on 351, 2021 VW ID.4 vehicles in the U.S. that contain the potentially affected parts.

According to the defect report, a manufacturing problem with the high voltage (HV) battery may have caused incorrect soldering on specific points of the flexible printed circuit assembly (FPCA). The amount of solder contact points of the FPCA is not sufficient and the thickness of the solder layer is out of tolerance parameters. The result is an unreliable connection inside the HV battery that could lead to a breakdown or stalling while driving. If this issue is present in the vehicle, the driver will be alerted by a high voltage system warning message in the instrument panel.

Owner notification letters about the defect are expected to be mailed by May 13, 2022. Volkswagen’s number for this recall is 9302 and the NHTSA campaign number is 22V-1562.

Are you experiencing repeated problems with your hybrid or electric vehicle? Do you think it could be a lemon? If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 and get some great Lemon Law advice!

A small number of 2021-2022 Ford Escape and 2022 Lincoln Corsair hybrid power-train SUVs have been manufactured with a high voltage battery that could fail and result in a sudden loss of motor power. The problem was brought to Ford’s Critical Concern Review Group in October 2021 after an issue pertaining to an overheated high voltage battery bus bar was reported in Germany. Through a search of warranty reports, Ford identified an additional vehicle in Europe that reported a loss of function due to the overheated high voltage battery bus-bar.

During the manufacturing process, the high voltage bus-bar pad was not properly seated and could cause the pad to be mounted out of position prior to bus-bar welding. This condition could reduce the contact area between the cell terminal and the bus bar, giving it a high resistance. The high resistance could eventually result in an overheat situation.

According to the defect report, an overheated bus bar terminal may create a high resistance connection that could cause the battery pack high voltage bus voltage to fall below an operational level. If this happens, the hybrid power-train control module will sense the high voltage and detect a fault. A diagnostic trouble code will be sent and the vehicle will lose power. Drivers will also notice a “Stop Safely Now” warning message displayed on the instrument panel.

Ford’s team reviewed supplier process and production records to determine the population of affected parts. Affected vehicles are equipped with the 2.5L Hybrid power train and the suspect high voltage battery pack.

Dealers will replace the high voltage battery. Ford’s number for this recall is 21S48 and the NHTSA campaign number is 22V-149.

Do you think your Ford Escape or Lincoln Corsair could be a Lemon? Don’t live with a Lemon, especially if the problems you are having are safety-related. If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 for some great Lemon Law advice.

Certain 2016-2018 Ford and Lincoln, trucks and SUVs equipped with 3.5L Ecoboost engines could require more braking effort and distance to stop the vehicle. Ford will be asking owners to return to their dealerships for repairs.

In May 2016, Ford issued a recall (16V-345) for F-150s equipped with the 3.5L Ecoboost engines, because the brake master cylinder could leak and allow brake fluid from the front wheel circuit into the brake booster. After continued field data monitoring and discussions with NHTSA, Ford issued a second recall (20V-332), to extend the population for F-150s.

Ford continued to monitor field reports expanding the coverage into Ford Expedition and Lincoln Navigator vehicles built during the same period. These vehicles share a similar brake master cylinder design as the F-150 3.5L Ecoboost vehicles

Investigation into supplier records and discussion with the supplier identified additional steps taken by the supplier to further improve brake master cylinder seal installation from August 2016 to December 2016. These include an automated process to remove imperfect threads from the master cylinder outlet port, as well as actions to improve the installation of the rearmost cup seal in the master cylinder. Master cylinders with these improvements were incorporated into vehicle production by January 31, 2017.

In March 2022, Ford’s Field Review Committee reviewed the concern and approved a safety
recall action. Ford is aware of 4 low-speed/low-impact accident allegations with no injuries.

Vehicles manufactured with these defective fuel injectors include:
2016-2017 Ford Expedition
2016-2018 Ford F-150
2016-2017 Lincoln Navigator

Dealers will correct the problem by replacing the brake master cylinder. If the master cylinder is leaking, the brake booster will also be replaced. This recall is an expansion of NHTSA recall number 20V-332. Ford’s number for this recall is 22S11 and the NHTSA campaign number is 22V-150.

 Automotive Defect Investigation

The NHTSA Office of Defects Investigation (NHTSA) has opened two separate investigations related to unexpected breaking in certain Honda and Tesla vehicles. These vehicles are equipped with collision mitigation braking systems (CMBS) or advanced driver assistance systems (ADAS), which visually and audibly alert the drivers of a potential collision. Under certain circumstances, the system will automatically apply the brakes to help reduce the force of an unavoidable collision.

The problem of unexpected braking has been called “Phantom Braking”. Phantom braking is when a vehicle’s brakes activate unexpectedly even when traffic is flowing normally or there is no obstacle to avoid.

Inadvertent Automatic Emergency Braking
2017-2019 Honda CR-V and 2018-2019 Honda Accord
NHTSA Investigation Number: PE22003

The NHTSA has received a total of 278 complaints and several Early Warning Reports alleging unexpected activation of the collision mitigation braking system (CMBS) in some 2017-2019 Honda CR-V and 2018-2019 Honda Accord vehicles. Driver complaints include high-speed braking incidents occurring with nothing obstructing the vehicle’s path of travel. Of the 278 complaints, 6 allege a collision with minor injuries.

Inadvertent or unexpected braking activation while driving can cause unexpected speed reductions that can lead to increased vulnerability to rear-end impact collisions. The complaints allege that the inadvertent braking events occur without warning and randomly.

Unexpected Brake Activation
2021-2022 Tesla Model 3 and 2021-2022 Tesla Model Y
NHTSA Investigation Number: PE22002

The NHTSA has also received 354 complaints alleging unexpected brake activation in 2021-2022 Tesla Model 3 and 2021-2022 Tesla Model Y vehicles.

Driver reports have been characterized as “phantom braking”. Tesla describes the subject vehicles as equipped with a suite of advanced driver assistance system (ADAS) features referred to as Autopilot which Tesla states will allow the vehicle to brake and steer automatically within its lanes.

The complaints allege that while utilizing the ADAS features including adaptive cruise control, the vehicle unexpectedly applies its brakes while driving at highway speeds. Complainants report that the rapid deceleration can occur without warning, at random, and often repeated in a single drive cycle.

These investigations are a Preliminary Evaluation (PE) to determine the scope and severity of the potential problem and to fully assess the potential of these safety-related issues. If a defect is found, the NHTSA will issue a recall.

In December 2020, Toyota began an investigation into certain 2021 Toyota C-HR crossover SUVs after receiving field reports from the Japanese market alleging that when using the Traffic Movement Notification feature (a Japanese market feature not available in the U.S.), the vehicle radar sensor did not detect a vehicle driving in front of it. An inoperative radar sensor also meant that other features, such as Pre-Collision System (PCS), Dynamic Radar Cruise Control (DRCC), and Lane Tracing Assist (LTA) could be affected. In these cases, dealer technicians observed that the beam axis for the radar sensor was out of specification and adjusted it during the inspection. After completing the adjustment and initializing the radar sensor, the vehicles were able to detect the preceding vehicle.

According to the defect report, certain 2021 Toyota C-HR vehicles are equipped with a millimeter-wave sensor (radar sensor) and a camera to detect objects in front of it. These sensors also support certain driver assistance features, including the Pre-Collision System (PCS).

Under certain circumstances, the initialization of the radar sensor may not have been completed correctly, resulting in the PCS not being able to detect an object in front of it. As a result, the vehicle will not provide warnings or braking assist, and would not display a message or indicator to the driver that PCS is not functional. An inoperative PCS, without a PCS malfunction indicator to the driver, may increase the risk of a crash in certain driving situations.

As of January 2022, Toyota has not received any U.S. field reports or warranty claims related to this condition. Based on their investigation results, however, Toyota decided to conduct a voluntary safety recall campaign. Owners of the subject vehicles will be asked to take their vehicles to their Toyota dealer to have the radar sensor inspected and properly initialize if necessary. Toyota’s number for this recall is 22TA02 and the NHTSA campaign number is 22V-107.

Chrysler (FCA US, LLC) will be contacting the owners of certain 2017-2018 Pacifica Plug-In Hybrid Electric Vehicles (PHEV) for a problem that could result in a vehicle fire.

In August 2021, Chrysler Technical Safety and Regulatory Compliance Organization opened an investigation into a reported trend of fires in certain Chrysler Pacifica PHEVs. Since August 2021, there have been five customer records and twelve field reports relating to this issue. The potentially affected vehicles include 2017-2018 Chrysler Pacifica PHEVs manufactured between August 12, 2016, when production of Chrysler Pacifica PHEVs began, and ended on August 7, 2018, when the 2018 model year production ended. Chrysler will conduct a voluntary safety recall on all affected vehicles.

Although the automaker is still investigating the cause, the fire risk is likely due to corrosion of an electrical connection inside the Pacifica’s 12-volt battery system. This system is used to power auxiliary features, including radios and garage door openers, and is not part of the vehicle’s plug-in hybrid propulsion system. However, only hybrid vehicles are included in this recall.

According to the NHTSA defect report, “Certain 2017-2018 Chrysler Pacifica Hybrid vehicles may experience a fire, even with the ignition in the “OFF” mode. A vehicle fire can result in an increased risk of occupant injury and/or injury to persons outside the vehicle, as well as property damage.”

Because the remedy is under development, Chrysler is advising owners of these hybrid vehicles to refrain from recharging them and to park them away from structures and other vehicles. Owners can keep operating the vehicles using the internal combustion engine.

Letters notifying owners of the safety risk are expected to be mailed later this month. Second letters will be mailed once the remedy is available. FCA US LLC’s number for this recall is Z11 and the NHTSA campaign number is 22V-077.

Don’t live with a Lemon, especially if the problems you are having is safety related. If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 for some great Lemon Law advice.

General Motors believes that they have the final resolution for the Chevy Bolt saga by replacing the entire battery system on the Bolts. While the new batteries are starting to make their way into the Chevy dealerships, and into the vehicles, the waitlist is long, and the dealerships are getting limited inventory. One dealership we recently spoke with informed us that due to the physical complications in replacing the batteries, the process is slow, yielding perhaps only one or two vehicles per day. At this pace, the replacement of batteries into all Bolts will take several months.

In the meantime, GM has offered repurchases to many owners of the Bolts, but they’re not following up with consumers with time frames or logistics. While promises are being made, actions are not. And while a case is pending with GM, consumers are still struggling with how to protect themselves from dangerous fires, or something even as simple as where to safely park their Bolt.

We now have a client whose Bolt actually did catch fire in the middle of the night causing the destruction of the vehicle and other property. So, we know first-hand just how dangerous these vehicles are, and the destruction they’re capable of. Please heed all of the warnings GM has given and especially do not park a Chevy Bolt in an enclosed area.

We are still successfully pursuing Bolt cases against GM on a daily basis. For a free consultation, please email attorney Barry Edzant directly at BarryE@valencialaw.com and I will personally discuss your case with you. Be safe!

 Automotive Defect Investigation

In 2017, the NHTSA Office of Defects Investigation (ODI) opened two Recall Queries (RQ) affecting certain Hyundai and Kia vehicles equipped with “Theta II” engines. The investigation looked at both the timeliness and scope of the recalls as well as the compliance of each company to meet their reporting requirements under the Motor Vehicle Safety Act. Numerous violations of the requirements were found for both companies, and in November 2020, both companies entered into Consent Orders with NHTSA to resolve NHTSA’s assertions of violations of law.

In 2018, the Center for Automotive Safety (CAS) petitioned the Agency to investigate non-crash fires on various Hyundai and Kia models, alleging vehicle fires at varying points of origin and occurring under various non-crash related circumstances (including key-off fires). The ODI found that many of the fire incidents appeared to start in the engine compartment area and made reference to the two open RQ investigations as likely pertinent. After reviewing responses two Preliminary Evaluations were started to investigate incidents of non-crash fires (regardless of origin or operational status of the vehicle) on various model-year Hyundai (Sonata and Santa Fe) and Kia (Optima, Sorento, and Soul) models.

To date, Hyundai and Kia have issued several recalls addressing vehicle fires, including those due to engine failure involving various engine types (Theta II GDI, Theta II MPI, Theta II MPI HEV, Nu GDI, and Gamma GDI). The repair for the engine failure recalls typically involves engine inspection (to detect existing damage), and if necessary, engine replacement. Additionally, both manufacturers are installing an engine control software modification known as Knock Sensor Detection Software (KSDS) which is intended to detect impending engine failure, alert the driver, and limit engine power (to lessen the likelihood of engine failure). KSDS is being installed under recalls and non-safety field actions, and both companies have extended limited engine warranties. They have even replaced engines if the KSDS software detects an impending engine failure.

The Office of Defects Investigation (ODI) is opening this Engineering Analysis for two primary purposes. First, the investigation will continue to evaluate the scope of recalls initially begun under prior ODI actions, and will also include other recalls for fires due to engine failure. Second, the investigation will monitor and evaluate the efficacy of the recall remedies for engine fire-related recalls, as well as the long-term viability of related programs and non-safety field actions being conducted by Hyundai and Kia.

The Vehicles Affected Include:
2013 Hyundai Elantra
2012 Hyundai Santa FE
2013-2014 Hyundai Santa FE Sport
2011-2014 Hyundai Sonata
2011-2013, 2016-2017 Hyundai Sonata Hybrid
2017 Hyundai Tucson
2015-2016 Hyundai Veloster
2012-2015 Kia Forte
2012-2015 Kia Forte Koup
2011-2014 Kia Optima
2011-2013, 2017-2018 Kia Optima Hybrid
2017-2018 Kia Optima PHEV
2012-2015 Kia RIO
2011-2014 Kia Sorento
2012-2016 Kia Soul
2011-2013 Kia Sportage