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The EPA had 115 people supply their actual mileage figures from 2006 Civic Hybrids, while 61 people submitted their results from their 2008 Civic Hybrids. In both cases, real-world mileage was actually better than what the revised EPA estimates indicate. We saw the same thing recently when we tested two 40 mpg-rated cars—a new Hyundai Elantra and a Ford Focus—and did better than the latest EPA estimates.
I have to admit, I was surprised by that. We recently got a new (used) car, and it has current mileage on the display. It's affecting my driving habits a bit.
I hope that even though $10k is a drop in the bucket to Honda that they fight this tooth and nail. Small claims court means a judge or arbiter determined the award, correct? So we can't even blame a jury for this. If there was intentional fraud, then by all means, sue, but I don't think that's the case here. I've worked for two major auto companies, and I can say that each was pretty serious about adhering to EPA standards, their existence as a company depends on it. If you drive with your foot to the floor or ride the brake or stop and start aggressively, of course you fuel economy will suffer--sometimes to the tune of 20% or more, depending on the engine, weight, etc. Car companies can't be paying out damages to every asshole who doesn't know how to drive.