Consumer Law

Ex-Lawyer Opts Out of Class Action over Hybrid Mileage, Goes to Small Claims Court

A former lawyer is going to small claims court today in an attempt to win damages in a suit that claims her 2006 Honda Civic Hybrid didn’t deliver on promised mileage.

The suit by Heather Peters says she never did get 50 miles per gallon as promised, and now that her battery is deteriorating, she is getting closer to 30 miles per gallon, report the Associated Press and the Los Angeles Times.

Peters opted out of a class action after learning the proposed settlement would give owners a maximum of $200 and a rebate of up to $1,000. She also didn’t like the proposal to give the plaintiffs’ lawyers $8.5 million in fees.

Peters hopes to get an award of $10,000, the limit this year in small claims court in California. Lawyers aren’t permitted to argue the cases, so no attorney fees will be awarded, Peters tells AP. Her website urges other hybrid owners to reject the settlement and go to small claims court.

If Honda loses and files an appeal, the company can be represented by lawyers in a hearing where the claim is heard de novo, according to the Declarations and Exclusions blog.

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.