Audi R8 Frame Crack / LITIGATION


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Thread: Audi R8 Frame Crack / LITIGATION

  1. #1
    Junior Member uknown124's Avatar
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    Audi R8 Frame Crack / LITIGATION

    Hello all, long time lurker here.

    I own a 2008 Audi R8. Purchased the car in 2013 with 9k miles on it and have exclusively driven it since then. It now has 57k miles on it. Never been in an accident. Pictures: Audi R8 Frame Crack / LITIGATION-41186657_2272197616128473_5374935284980908032_n.jpg
    Audi R8 Frame Crack / LITIGATION-65217399_2737957596219137_3140194686258380800_n.jpg

    Unfortunately, (or fortunately, depending on how you look at it) during a routine brake fluid flush, I asked my mechanic to inspect the frame for signs of damage or cracking, since it would be exposed during the brake flush. (Thanks to you all for bringing this issue to my attention. I would have NEVER known this car was prone to this type of damage without this forum and would have never asked the mechanic to look at the frame. The frame was exposed a few months earlier because of a coilover installation, because, yes you guessed it, mag ride dead and mechanics didn't see anything. I guess I should be happy that the mag rides lasted for 57k miles? Anyway, I can only deduce that the crack had not yet appeared, or the mechanics didn't look at the frame closely enough) Anyway, the brake fluid flush mechanic found the following crack:

    I took a photograph of the right passenger side strut tower: Audi R8 Frame Crack / LITIGATION-img_0097.jpg

    See anything? Looks like a pretty recent crack based on the color of the silver. I've spoken to several welders regarding this issue. They have told me they are aware of this issue on R8's and some A8's. Even with no accidents involved. I asked, in their opinion is this a DANGEROUS CONDITION?. They advised me that it was very dangerous and to not drive the car further. I've seen several photographs of frame cracking on this forum, and from what I can tell, mine is very new and minor (compared to other pics on this forum) However, I will take their advice and get the car repaired. However, that is not the purpose of this forum post.

    I am a licensed attorney in the state of Georgia. The following is not intended to be legal advice. I AM NOT YOUR ATTORNEY.

    I believe that this matter is actually a design defect and Audi should be held liable. As we all know, Audi actually changed their manufacturing process of the R8s sometime in 2010 or 2011 and reinforced the frame. I assume they did this because they were in fact, aware of this issue. For more information regarding the reinforcement measures Audi took specifically, see other threads on this forum, this forum has discussed this matter in detail.

    The problem is, Audi had a DUTY to warn the public of this defect. They should have, in my opinion, at the VERY LEAST warned owners, and suggested the repair/reinforcement at the OWNERS OWN COST. As you know, Audi created a specific Gusset used to reinforce the frame (if it wasn't already cracked. If it was cracked, and the crack could be welded and Gusset installed. If the crack was too big to weld, I assume the car just got totaled.) For the statute regarding Audi's duty please see O.C.G.A. § 51-1-11(c). I am not here to have a legal debate with anyone. (I don't want to debate you about liability or duty, especially if you aren't even a licensed attorney).

    If the mods have any issue with this post, please let me know, and I can alter it accordingly. Further, if the mods would like proof or evidence that I am a licensed attorney to practice law in the State of Georgia, I can provide it.

    The reason for this post is simple. I intend to pursue litigation against Audi for #1 the defect and #2 failure to warn. (They don't have a duty to issue a recall, although they probably should have, but they do have a duty to WARN. Good customer service = recall. Illegal activity= failure to warn. See the above statute/law.) This is my opinion and my opinion alone. THIS IS NOT LEGAL ADVICE, I AM NOT YOUR ATTORNEY AND I DO NOT REPRESENT YOU.

    However, if you would like to give me information about YOUR car feel free to PM me. (If not against the rules?)

    I will update you with additional details in re: action I have taken. For now I am gathering additional information, however I do plan on filing suit in relatively short order.

    And who said lawyers are useless? Fact of the matter is, Audi knew about this, knew it could be dangerous, didn't warn anyone, and people could (already have been???) seriously hurt or killed as a result.

    I'm sad that I have to take this action. I love the car. It's awesome, aside from the faulty mag rides and the frame cracking issue.

    Thanks for your attention! Feel free to discuss openly on this thread or PM me. I will be checking back.

    Regards.

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  3. #2
    Senior Member DaveL's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    The action you're taking should have been done years ago, thanks for picking up the sword and going into battle, good luck and of course... keep us posted please.
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  4. #3
    Senior Member pompeyreece's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    IIRC there has been similar talk on here previously but I've not seen the talk taken through to action. Additionally the issue has been discussed at length on here too so have a search for information that may be of use.

    However good luck in your pursuit of litigation - I think there are many on here, especially in the US, who will follow this thread closely.
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  6. #4
    Senior Member HowieR888's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    Finally, someone with the chops to take on Audi with this frame cracking issue. If you should need additional supporting evidence from the members here affected by the cracked frame, please reach out.

    Be mindful Audi is going to claim your frame cracked because you modified your car with an aftermarket suspension. But hopefully this does not release them from warning owners considering they knew about this structural weakness and reinforced it with the plates in the newer cars.

    While you are at it, can you also included in your suit the failing mag shocks? These are even more prevalent and SHOULD have a recall as so many R8 owners have been affected by it.

    Please keep us updated. Good luck!
    Last edited by HowieR888; 08-08-2019 at 05:55 AM.
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    Re: Audi R8 Frame Crack / LITIGATION

    I also support what you are doing. At last check I do not have a crack at but I baby the car because I am afraid that a crack could one day just appear. I would love to do some track days with the car but I am afraid to. I have sourced the brackets from the UK but am reluctant to install them because Audi won't even outline a methodology to do the repair or authorize US repair shops to do the work. I hope that you will be able to get some results with AUDI if even just a procedure to make our cars safe.

  8. #6
    Senior Member DaveL's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    My welder assumed is was 7 series alloy based on his research, and as he was an airframe mechanic it didn't present him with a problem.

    What type of Aluminium is used in cars? The most widely used alloy is 7075. It consists of aluminium, zinc, magnesium and copper. It's the strongest of all aluminium alloys and comparable in that respect with steel, however it weighs only a third of what steel weighs.

    As an aside, a lot of specialist regard 7075 as unweldable !!!!!!!!
    Last edited by DaveL; 08-08-2019 at 06:56 AM.
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  9. #7
    Supporting Vendor ULTIMATEPD's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    Audi may have a way out in your case and blame it on the after a market suspension.
    Also word of advise if you plan to take legal action I would not post your preliminary finding on a public forum. There are a few threads that have extensive pictures of the failures etc etc use those to your advantage.
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  10. #8
    Junior Member uknown124's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    Folks -

    Good discussion so far. I have several arguments to present in re: after market suspension "causing" the cracking.

    I will not discuss them here because I suspect Audi and their lawyers may be/ will be viewing this forum. However, I will say, to promote this discussion further, if you were a lawyer what arguments could you/would you present against Audi to defeat this argument? Think carefully and thoughtfully!

    Thanks for the responses thus far.

    P.S., as I've already stated, I love the car and I don't want to cause harm to Audi or their brand. I just want them to do the right thing. That's all. The right thing could literally be just a letter to all owners informing them of the issue. In my opinion, their duty to warn would be satisfied even without offering to make the appropriate repairs. So, I literally cannot imagine why they wouldn't at least inform owners, other than possible bad press? But even then, I assume all 2008-2009-2010 models have already been sold by the manufacturer, and we know the defect has been "cured" on later models. So their duty to inform wouldn't have even resulted in lost sales. Maybe losing customer goodwill? However, as you all know, the fact Audi won't admit this issue, has really ruined the customer good will for me! I'm really at a loss, but I am still in my initial stages of investigation. So I don't really know what the actual company policy is surrounding this. (Nothing a good deposition won't solve)

  11. #9
    Member rafalboston's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    Isn't there more of faulty magnetic ride suspension and cracked car frame correlation, rather than anything to with the ride improving coilovers?

    I just had all four mag ride shocks replaced because the ride on stock suspension was so hard, the thump sound from the front suspension worried me that soon one of the shocks won't hold the bump in the road and will eventually force the shock absorber to crack the frame.

    (I was actually dreading to hear from my mechanic how did my frame looked, since the thump sound could easily have been the loose/cracked frame).

    My frame (knocking on wood) is in perfect shape at the moment, but I hope your legal action comes to fruition and the warning message is sent out!

  12. #10
    Senior Member Trev450's Avatar
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    Re: Audi R8 Frame Crack / LITIGATION

    Best wishes with your proposed litigation - I, like many on here, wish you every success. From my previous experience with Porsche ownership and the dreaded IMS failure issue, it would seem that you have far more success in the US than we do here in the UK when it comes to getting manufacturers to own up to their short-falls. Let us hope that this is the case with this issue.
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