What is this case about?
How do cases like this work?
What did Mercedes do?
What evidence is there?
What are other Mercedes owners doing about this?
Is this a scam? How can Hagens Berman reassure me?

How much will it cost me to register interest and later to be part of any formal claim you bring?
Can you give an estimate of what level of compensation I can expect based on the experience of the settlement of the US case?
Will I have to pay anything if the claim is unsuccessful?
What is a realistic compensation amount? I have seen very different estimates being advertised.

What is the legal process you envisage and how long will it take?
Will any claim be filed in the UK or against Mercedes’ parent company Daimler AG in Germany?
How does the case Hagens Berman aims to prepare compare and differ to those planned by other law firms?
Can I register my interest with more than one group?

What is this case about?
This group action involves allegations against Mercedes that it installed an illegal emission-cheating defeat device in its diesel vehicles. The lawsuit in essence argues that because of this illicit activity, consumers who leased or owned affect vehicles and fleets were damaged in performance of the vehicle, contributing to pollution, did not get what they were promised and overpaid for their vehicles. The vehicles were represented to be one thing (a “clean vehicle”) and were indeed something else, capable of generating very high pollution. Deceived consumers deserve to have these wrongs corrected and compensation for their having been wronged.

The device operated to hide the illegally high emissions in Mercedes’ vehicles by masking the rate of emissions produced during emissions testing, while otherwise emitting pollution at levels far exceeding regulations and legal limits.

This information was first investigated and divulged in a U.S. class-action lawsuit brough by law firm Hagens Berman Sobol Shapiro LLP. The firm was the first to file emissions-cheating claims against Volkswagen. After that case, Hagens Berman tested additional diesel cars, finding that Mercedes too had engaged in illegal emissions cheating in a similar fashion. The U.S. lawsuit against Mercedes resulted in a £500 million settlement for U.S. consumers.

How do cases like this work?
Cases of this nature are complex as they involve a global Defendant with a strong economic interest to fight against doing the right thing but operate generally the same: a set of representative individuals who have been typically harmed stands as a proxy for the entire group of individuals who have also had a similar experience. Strength in numbers allows many individually harmed consumers to band together under the law to challenge the wrongdoing by large corporations.

After the case is filed, attorneys gather evidence and progress the case through attempts by the defendant to defeat the case. This process involves expert evaluation, procedural challenges and regular court hearings; it is not atypical for these types of complex cases to take years, with thousands of hours of litigation. Attorneys remain vigilant during the case to make the best case for their clients for a maximum recovery. In the event of a settlement, claimants are then notified of their compensation under the agreement between the parties.

What did Mercedes do?
Mercedes programmed the majority of their diesel models to reduce the vehicles’ illegally high levels of nitrogen oxide when the vehicles were being tested for emissions.

Indeed, testing at highway speeds, at low temperatures, and at variable speeds, indicate a systemic failure to meet emissions standards. Low-temperature testing at highway speeds for example, produced emissions that were 8.1 to 19.7 times the highway emissions standard. The US lawsuit argued that testing at low temperatures at variable speeds produced emissions as high as 30.8 times the standard.

What evidence is there?
In 2020, a £1.5 billion agreement in principle regarding Mercedes’ diesel vehicles was reached, culminating investigations brought by the U.S. Department of Justice, Environmental Protection Office and California attorney general. The agreement includes a £500 million settlement for U.S. consumers impacted by loss of resale value and other damages resulting from Mercedes’ emissions fraud. This is on top of sanctions, fines, fees and recalls issued against Mercedes by other EU Regulators.

What are other Mercedes owners doing about this?
Tens of thousands of Mercedes owners have contacted Hagens Berman to register their claim in the group action. Many who purchased their diesel vehicles are motivated to receive compensation. Mercedes owners may opt to do nothing, however, it is still legally unknown whether all Mercedes owners will eventually be affected by settlements and efforts to fix the emissions systems in their vehicles, or remove them from the road to reduce pollution and therefore, for those interested in receiving compensation, it is essential to register a claim.

Is this a scam? How can Hagens Berman reassure? 
While Mercedes’ emissions-cheating certainly functioned to scam consumers, regulators and the environment, our group action against Mercedes is anything but. Indeed, Hagens Berman has a specialized practice in litigating these types of cases as they not only impact the environment, but also impact so many unsuspecting consumers. Hagens Berman is committed to holding Mercedes accountable.

That commitment is reflected in the firm’s independent testing by our own experts to support the allegation, work with our Barrister to formalize the claim and file proceedings against Mercedes and allocation of substantial resources to litigating the case. Further, due to the firm’s track record of success and sprawling resources, our firm received insurance and funding, in this case, enabling us to issue the claim on your behalf on a ‘no-win, no-fee’ basis. Simply put: there is no risk or cost to you to join this action, and your information will be used only for the purpose of this case. If you’d like to contact a member of our team, you may do so via email at info@mercedes-dieselclaims.co.uk or via phone at 0203 150 1445 (Standard UK call charges apply).

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What documents do I need to produce?
We will need your proof of ownership to link you to your vehicle. There may also be a need for other supporting documents required for the litigation, proving your loss.

What If I cannot find the needed documents?
Don’t worry, you can still complete your questionnaire without access to your vehicle documents. Many people don’t have access to all the documents that are required, with this in mind, Hagens Berman EMEA has a streamlined process in place that aims to collect information from other available sources to assist you.

I have my documents ready. Can I submit my documentation now?
You can complete your questionnaire via the link sent to your email address. We would kindly ask you to keep all documentation you do have relating to your affected Mercedes diesel vehicle safe and secure.

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How much will it cost me to register interest and later to be part of any formal claim you bring?
Registration of interest requires no financial commitment and there will be no out-of-pocket cost to participate in any subsequent Group Litigation Action. The case will be conducted on a no-win, no-fee basis, meaning upon successful settlement or judgment in England and Wales, claimants will receive an agreed percentage of the total recovered from Mercedes. This will be explained and addressed in the participation documents which you will be asked to sign.

Can you give an estimate of what level of compensation I can expect based on the experience of the settlement of the US case?
At this early stage, it is difficult to predict the amount of compensation you will ultimately receive. This will depend on the purchase price, age, model and specific characteristics of your vehicle. However, we anticipate that claimants could recover compensation from Mercedes in the broad range of £5,000 to £10,000 per vehicle, and possibly higher. This is very much an estimated range and by no means guaranteed for each group member.

Will I have to pay anything if the claim is unsuccessful?
In short, no. If we are unsuccessful, we will not charge you for our fees or the costs we have incurred for prosecuting your case. We have significant After-The-Event (ATE) Insurance in place to protect our claimant group. This covers the Defendants' legal costs, which will protect you from being liable for those costs. The cost of the ATE insurance premium is a cost that we bear and is one of the factors taken into account when determining the solicitors’ share of the damages if we are successful, which will be no more than 35%.

What is a realistic compensation amount? I have seen very different estimates being advertised.
At Hagens Berman, we like to take a pragmatic approach and keep the expectations for compensation realistic for all of our claimants. In these cases, it is always difficult to predict the amount of compensation each individual will receive. The total amount of compensation will depend on a number of factors. However, we anticipate that claimants could recover compensation from Mercedes in the broad range of £5,000 - £10,000 per vehicle, and possibly even higher. Of course, this is only an estimated range and not guaranteed for each group member.

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What is the legal process you envisage and how long will it take?

Following a hearing in February 2023, the first-ever hearing in the litigation, a Group Litigation Order (‘GLO’) was handed down by the High Court to set a timetable and structure in motion for the management of the litigation for all claimants, to be grouped to proceed as one, which includes setting out the claim(s) you have made against Mercedes.

There have been several other hearings about the procedural aspects of the case, including hearings which took place on November 2023 as well as 8 December 2023 where provisional trial dates have been set by the court. The first of these trials is currently scheduled for October 2024. There is to be a 5-day case management conference on 11 March 2024 which will offer guidance to the court as to the progress of the litigation as well as the subject matter of that first trial. The court will also likely then gauge, amongst other issues, the progress and status of completed questionnaires by claimants to support the claims on the group register.

In June 2023 by the GLO, a group register was largely created as part of a two-step process. First, to identify all claims filed, your claim has been added to this group register. Secondly to inform the Court of the extent of Mercedes’ wrongdoing and how you have been harmed.

These types of cases are complicated litigations with the Defendants mounting lots of challenges because they realise the damage potential is so great. In our experience group claims of this nature can take time to progress in Court as there will be many procedural and legal arguments made. We will be sure to keep you informed as the progress; you should expect however a minimum of 4 years.

We make every effort to streamline the litigation and will advocate on your behalf to resolve this case timely, while still securing the best possible result for you.

Will any claim be filed in the UK or against Mercedes’ parent company Daimler AG in Germany?
We anticipate the case will be against Daimler AG and Mercedes-Benz Cars UK Limited, the main UK subsidiary, (and possibly also Mercedes-Benz Financial Services UK Limited, which provides finance for leasing customers). The claim(s) will be filed in the High Court under English law.

How does the case Hagens Berman aims to prepare compare and differ to those planned by other law firms?
We are aware other English law firms are also investigating the basis of a claim against Mercedes in the UK for diesel emissions deception but cannot speak for their plans. What we can say is that we are the firm that led the charge for Dieselgate claims against both Volkswagen and Mercedes in the US and successfully secured compensation in that respect for US-based Mercedes owners, as announced on 13 August 2020. We believe our in-depth scientific evidence and US legal experience will be highly relevant to any English law claim and will help us to establish liability under English law. We are also seeking to bring our business focus and commercial litigation experience to bear on this case, which includes substantial experience in civil fraud cases, and in acting for groups of claimants in funded claims against major corporations.

Can I register my interest with more than one group?
No. At this stage you must register with one group for the Group Litigation Action. 

How many potential claimants do you need to form a viable group?
Every client is important and deserving of representation.  We estimate that there are up to 1.2 million affected vehicle owners in England and Wales, including private and business owners who are considered among current and former owners and lessees. We have met the minimum required to form a group as there have been so many consumers affected by Mercedes use of defeat devices.

What will you do with my data?
Your data will be held on a secure contact database managed by Case Pilots Ltd on behalf of Hagens Berman, operated in accordance with UK data protection rules. It may only be shared with our approved and vetted service providers working on this case to assist us, for example, if the court orders us to do a postal mailing to clients. Further details about how your data may be used can be found in our privacy policy.

What happens after registration? When can I expect to hear from you?
After your registration process, you will need to complete your Questionnaire that has been sent to you via a link to your email address for you to fill out and complete. We will also be in regular contact with those registered with us, to keep you up to date with any news updates and progress on the case.

What is ATE Insurance?

ATE insurance is an insurance policy taken out by Hagens Berman on your behalf to ensure you have the best protection against the risk of having to pay Mercedes’ costs.  In any litigation in the UK there is a risk of the loser having to pay towards the winner’s costs. Insurance generally covers those costs and therefore protects you in the unlikely event this should happen. Our view is that the merits of the claim are strong and expect that this will not be an issue, however, we believe in doing everything we can to protect our clients and ATE insurance provides that extra comfort.

What is a damages-based agreement?

The damages-based agreement is an important document which sets out our responsibilities to you and your responsibilities to us so we can litigate on your behalf. It outlines that we do not charge any fees unless the case is successful. You do not pay us any money unless you cancel our engagement with you and we incurred direct work on your behalf. This is a no-win, no-fee case. The DBA is a contract and legal document laying out details of our efforts to support you and what we ask for in return. Contact us if you would like help understanding any of its terms.

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