FAQ

ELIGIBILITY:

Which vehicles are thought to be affected by the Mercedes diesel emissions scandal?
Must the vehicles have been purchased in the UK?
What documentation / proof of purchase is required?
Can businesses and individuals owning eligible vehicles register their interest?
Are original purchasers and subsequent owners of vehicles eligible?
What if I’m based in Scotland, Northern Ireland, The Channel Islands or the Isle of Man?
Can I still register if I’ve already had my vehicle ‘fixed’ by Mercedes for emissions compliance?
If I sell my Mercedes vehicle, does that mean that I can no longer bring a claim?

WHY HAGENS BERMAN:

Why should I join the Hagens Berman action group rather than that of another law firm?

COMPENSATION:

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.

CASE PROCESS:

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?

REGISTRATION OF DETAILS:

What does registering my interest commit me to?
What is the cut-off date for registering interest?
Will everyone that registers automatically go forward to the Group Litigation Action?
How many potential claimants do you need to form a viable group?
What will you do with my data?
After registration what happens next; when can I expect to hear from you?

 


 

ELIGIBILITY:

Which vehicles are thought to be affected by the Mercedes diesel emissions scandal?
Certain of the following Mercedes models powered by diesel-fuelled engines and sold from 2008 up to 2018: A-Class, B-Class, C-Class, Citan, CLA, CLS, E-Class, GL-Class, GLA-Class, GLC-Class, GLE-Class, GLS, GLK, M-Class, S-Class, SLK, Sprinter, V-Class, and Vito (however, additional models are likely to have released dirty diesel emissions). These models include passenger and commercial vehicles and vans, such as people movers, shuttles and taxis.

Must the vehicles have been purchased in the UK?
Yes.

What documentation / proof of purchase is required?
At this stage, we do not need any documentation or proof of purchase. We are just asking – via the Register Now form – for you to provide (1) title/name/address/date of birth so that we can perform electronic KYC (‘know your client’) and AML (‘anti-money laundering’) checks and (2) your vehicle registration number. In due course, we may ask for proof of ownership (in order to link you to your vehicle) along with any other supporting documents which may be required for the litigation and proving your loss (but we will correspond directly with you for that).

Can businesses and individuals owning eligible vehicles register their interest?
Yes, both private owners and business owners (such as fleet operators and hire care companies) can register. Lessees are also eligible.

Are original purchasers and subsequent owners of vehicles eligible?
Yes, since the deception will have affected the purchase price for both parties and may have affected the on-going running costs of the vehicle while under the ownership of both.

What if I’m based in Scotland, Northern Ireland, The Channel Islands or the Isle of Man?
Hagens Berman will only be investigating claims for owners and lessees of relevant Mercedes models bought or leased in England and Wales.

If you are based in Scotland, Northern Ireland, the Channel Islands or the Isle of Man and you bought or leased your Mercedes diesel vehicle in England or Wales, please register to join our winning team, and we shall be able to help you with your claim.

If your vehicle was purchased elsewhere, please register in case we expand to include litigation in your region; alternatively, you could seek to join an action group where your rights are protected, and any claim is to be governed by the relevant law in your jurisdiction.

Can I still register if I’ve already had my vehicle ‘fixed’ by Mercedes for emissions compliance?
Yes, that is no bar to a claim regarding a mis-sold vehicle.

If I sell my Mercedes vehicle, does that mean that I can no longer bring a claim?
You can sell your car now or at any time in the future. Selling or replacing your car will not affect any claim that you may have, if your vehicle is an affected diesel vehicle. You must, however, have your vehicle registration number / VIN and be able to provide us with your vehicle purchase documents.

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WHY HAGENS BERMAN:

Why should I join the Hagens Berman action group rather than that of another law firm?
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.

As such we hope to represent a sizeable group and play a lead role in the claims and arguments to be heard against Mercedes here.

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COMPENSATION:

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. And, we will take out an insurance policy on your behalf (known as “After-the-Event Insurance” or "ATE") to cover 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 per cent.

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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CASE PROCESS:

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

As of April 2021, we have filed proceedings and been granted permission to serve the Claim against Daimler, the parent company of Mercedes, in Germany. We have also served the Claim Form and Particulars of Claim – setting out the facts, basis of claim and what we are seeking in terms of compensation for our claimants – on the Mercedes entities in England. We are currently fighting the Defendants in the Court because they are resisting having to file and serve their Defences to our Claim.

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 2-3 years, though there is still some uncertainty given the pandemic. 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?
At this stage there is nothing to stop you registering your interest with more than one law firm, although we believe that your interests will be best protected by joining our group. However, you will need to choose which Group Litigation Action to join at a later date when the participation documents are provided to you and the respective claims have been explained to you and before formal claims are filed.

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REGISTRATION OF DETAILS:

What does registering my interest commit me to?
Registering your details with us will only commit you to be part of our review exercise. You will have a choice of whether to join any subsequent formal Group Litigation Action we prepare once we have established your legal position and explained your rights and the legal options available to you, and once you have signed the participation documents.

What is the cut-off date for registering interest?
We encourage interested parties to register as soon as possible as we have recently started formal legal action against Mercedes in March 2021.

Will everyone that registers automatically go forward to the Group Litigation Action?
Not necessarily. At this stage, registering your details will allow us to ascertain the level of interest in pursuing a Group Litigation Action and help us to verify the legal basis of your claim. You will have a choice of whether to join any subsequent formal Group Litigation Action we prepare once we have explained your rights and the legal options available to you, and once you have signed the participation documents.

How many potential claimants do you need to form a viable group?
We estimate that there are up to 1.2 million affected vehicle owners in England and Wales, when private and business owners are considered (current and former). We will only need a fraction of those potential claimants to sign up to form a viable group, so we would encourage interested parties to register so they do not miss this opportunity.

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 UK, operated in accordance with UK data protection rules. It may be shared with other service providers working on this potential case. Further details about how your data may be used can be found in our privacy policy.

After registration what happens next; when can I expect to hear from you?
We will be in regular contact with those registering their interest with us, to keep you up to date and to explain the next steps.

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