Disgruntled Car Owners will have their Day in Court

Kansas City, MIGeneral Motors Corp. may be held responsible for hundreds of thousands of disgruntled car owners' out-of-pocket for car repairs thanks to Dex-Cool antifreeze. The bright-orange coolant used in many GM vehicles over a period of about 10 years has come under fire for not only breaking down well before the promoted five-year, 150,000 mile window, but for laying at the root of millions of dollars of needless repairs incurred by vehicle owners.

It has been reported that well before vehicle owners expected to face such costs, replacement of gasket components, radiators and heater cores and even some engine components were required—and as often happens, occurred just beyond the vehicle's warranty period.

Allegedly, the orange Dex-Cool antifreeze was to blame. Why so many feel it is to blame, is subject to interpretation. Some have identified 'stop-leak' pellets added at the factory. Others have noted that Dex-Cool can quickly degrade when exposed to excess oxygen.

Those in the automotive world familiar with Dex-Cool state that the coolant worked well within an environment completely free from contaminants and leaks. However, it has been found that the product turns into 'a gooey mess' if mixed with anything but distilled water, or is exposed to air, as noted above. Proper operating temperature was another concern, industry experts noting that drivers who operate their vehicles too aggressively, especially in cold weather, may contribute to the fouling of components and the degradation of fluid quality.

In other words, Dex-Cool would probably work just fine in carefully controlled conditions. However, the everyday driving experience and vehicle ownership is anything but, and there are those who suggest Dex-Cool is simply not appropriate for the real-world dynamics of driving.

For example, it has been determined that Dex-Cool degrades if mixed with anything but distilled water. However, what happens if your system is dangerously low, and there is no distilled water to be found? Do you risk the engine? Or top with tap water, and then undertake a complete system flush at the first available opportunity?

It has been reported that GM has defended its product by allegedly indicating owners should refrain from allowing their coolant levels to get dangerously low, and that the coolant level should be checked at every fuel stop. However, most drivers believe that checking the fluid level in the radiator cannot be adequately achieved without removal of the rad cap, which can prove dangerous. Caps themselves carry a highlighted warning not to remove while hot. In theory, therefore, owners would have to park their vehicles and wait for an hour or more for the engine to cool down sufficiently to remove the cap.

Assuming that drivers monitor their coolant levels at every stop, this suggests frequent exposure to air, which industry experts have already warned against with regard to the Dex-Cool product. It makes for a huge, alleged Catch-22, which disgruntled vehicle owners facing hundreds, if not thousands of dollars of unnecessary repair bills are taking with them to court.

A potential Dex-Cool class action was rejected in two other states, but was successfully launched in the state of Missouri—and while certified there, the agreement covers the entire United States.

The suit alleges that contrary to claims made by GM, Dex-Cool failed to warrant against corrosion, and failed to do what it was designed to do: remain in the engine for five years or 150,000 miles (100,000 miles in 1996 vehicles), and perform maintenance-free for that period so long as the proper mixture of water and coolant was maintained.

General Motors remains the largest producer of cars and trucks in the United States, and one of the largest in the world. This settlement could affect millions of consumers.