Yes, you can sue over an alleged PACCAR MX-13 fuel injector defect through an individual warranty claim. A federal proposed class action is also moving forward for owners of certain Kenworth and Peterbilt trucks. The MX-13 is a heavy-duty diesel engine used in Kenworth and Peterbilt trucks. The dispute centers on the EPA 2021 version, where injector deposits allegedly disrupted fuel delivery and caused derates and breakdowns.
Table of Contents
- What does the lawsuit allege?
- Who is part of the case?
- What did the October ruling decide?
- What warranty coverage matters?
- What can owners do now?
What does the lawsuit allege?
The case is 10th Gear LLC et al. v. PACCAR Inc., No. 2:23-cv-01933-RSL in the Western District of Washington. It was filed Dec. 15, 2023 and asserts breach of express and implied warranty and Washington Consumer Protection Act claims, according to the Justia court order summarizing the U.S.
District Court record. Plaintiffs focus on the fuel system in EPA 2021 MX-13 engines. According to Land Line Media, they allege injector deposits disrupted fuel delivery. That disruption allegedly caused derates, breakdowns, and months of downtime. Some trucks allegedly required injector repairs within a few thousand miles and repeatedly thereafter. According to Commercial Carrier Journal, those repeat failures caused lost revenue beyond repair bills.
Who is part of the case?
The case covers purchasers and lessees of Kenworth and Peterbilt trucks with EPA 2021 MX-13 diesel engines. According to Land Line Media, the operative complaint names 30 companies and one individual.
The October ruling did not decide liability and did not certify a class. According to Land Line Media, owners must still prove defect, breach, and damages to recover.
What did the October ruling decide?
U.S. District Judge Robert S. Lasnik rejected PACCAR's Clean Air Act preemption defense.
According to Land Line Media, owners may pursue engine-warranty breach claims without proving the engines violated federal emission standards. The court denied PACCAR's motion to dismiss the third amended complaint. According to the October 1 federal court order reported on Justia Dockets, the warranty case advances toward a trial reported as set for October 2027.
What warranty coverage matters?
PACCAR's published MX-13 warranty provides 24 months or 250,000 miles of base coverage. It also provides 60 months or 500,000 miles for major components and 60 months or 100,000 miles for base emissions coverage, according to the PACCAR powertrain warranty page.
Eligibility turns on the written terms, mileage or hours, and proof of defect. PACCAR extended injector coverage to 10 years or 435,000 miles. According to Land Line Media, plaintiffs allege that extension let the company avoid a recall while offering only temporary fixes without telling regulators.
What can owners do now?
Gather truck-specific proof before contacting a dealer or lawyer. Strong records connect the alleged deposit problem to your costs and downtime.
- Pull purchase or lease papers, warranty booklet, and mileage and hour records.
- Save every injector work order, derate code, tow bill, and rental receipt.
- Log dates out of service, missed loads, and lost revenue tied to each failure.
- Check your VIN for open recalls and report a suspected safety defect online or at 888-327-4236, as NHTSA directs in its NHTSA consumer alert.