Fleet FAQ | Mercedes Diesel Claims

What Mercedes vehicles are affected?
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.

Is the emissions defect present in petrol-powered Mercedes vehicles?
At this point, Hagens Berman is only aware of the emissions defect being present in diesel-powered Mercedes vehicles.

ABOUT MY VEHICLE:

Can I sell the Mercedes diesel vehicles in my fleet while my claim is being litigated?
Yes, you can sell your fleet of Mercedes diesels while your claim is being litigated, but doing so may impact your eventual level of compensation. In the U.S. settlement, while current owners and lessees were eligible to receive $3,290 or more, former owners and lessees received $822.50 apiece.

What should I do if a diesel Mercedes in my fleet doesn’t pass an emissions test?
If one or more of your fleet vehicles don’t pass an emissions test, talk to your Mercedes dealer about your situation and let your attorney know what their response is. In turn, in the event that Mercedes issues a recall to fix the emissions defect or offers some alternate remedy, Hagens Berman will inform you of these options in a timely manner.

What should I do if Mercedes issues a recall while my claim is being litigated?
While there is no forced recall mechanism that Mercedes alone can employ, it may be in your best interest to take the manufacturer up on their offer if the recall includes a fix for the emissions defect. The ability to pass an emissions test is typically a prerequisite for keeping your vehicles licensed properly and on the road. If you comply with a manufacturer recall and it adversely affects your Mercedes fleet in any way, our lawsuit will take those damages into account.

ABOUT FILING A CLAIM:

What if my company car is a diesel Mercedes?
We anticipate different categories of loss can be claimed against Mercedes as a result of their dirty diesel emissions. For company cars, that means both the company and the employee could have a claim for compensation. We would therefore urge both the owners or lessees, as well as the drivers, of company cars to register now to discover their rights and potential options.

Can I register a claim for the fleet of Mercedes cars I manage?
Yes, we encourage all fleet owners and managers to register. If your company leased or owned Mercedes diesel vehicles manufactured between 2008 and 2018, you can potentially make claims for all of them.

Is there a maximum number of vehicles I can claim?
No, there is no limit to the number of affected vehicles you can potentially claim. At the registration stage, you will be asked to provide details of just one of the vehicles to join the process.

Do I need to register all of my Mercedes diesel vehicles separately?
No, you can register with the details of just one vehicle. You will be asked to confirm the number of vehicles you wish to claim. We will be in touch to collect details of additional vehicles in a way which is most convenient for you as the claim progresses

If I get my emissions issue fixed, can I still file a claim?
Yes, you can still file a claim if you choose to repair the emissions defect. Regardless of modifications you’ve made to various Mercedes vehicles in your fleet, when you agreed to purchase or lease them, you thought you were receiving vehicles that were cleaner and more valuable than they actually were. Therefore, your claim is valid, and you are still entitled to damages.

What if I file a claim and Mercedes offers to settle with me separately?
If Mercedes attempts to settle with you separately and you’ve already joined a class action, the first thing you should do is consult your attorney. But, legally speaking, as a class member you are not forbidden from negotiating your own resolution with Mercedes, and simply engaging the manufacturer on this front shouldn’t affect the class action.

Can I file my own lawsuit against Mercedes if I join a class action?
Once the class is certified and you elect not to opt out, you cannot sue Mercedes for the same claims included in the class action. However, if you ultimately find the terms of the proposed settlement to be unsatisfactory, you can opt out and pursue your own legal action.

ELIGIBILITY:

Can I register vehicles which have previously been on our company fleet?
Yes. The diesel emissions issue may have affected the price you paid for the vehicle and may have impacted the ongoing running costs of it whilst under your ownership.

Do I have to own a certain number of Mercedes vehicles to file a claim?
No, you can file a claim regardless of the size of your fleet.

Do I have to have my fleet fully paid off to file a claim?
You don’t have to have your fleet fully paid off to file a claim. In fact, you don’t even have to own your fleet; if you are leasing the vehicles, you can also file a claim.

Do I have to own my fleet to file a claim?
You don’t have to own your fleet to file a claim. Lessees are eligible to file claims as well.

Can I file a claim if I’m leasing my fleet?
Yes, you can file a claim if you’re leasing your fleet. Lessees are eligible to file claims

What if my lease expires while my claim is still being litigated?
If your lease expires while your claim is still being litigated, your claim remains valid. Even if you no longer own or are leasing a defective diesel Mercedes, you can file a claim as long you purchased or leased your vehicle within the time frame spelled out in the lawsuit.

Can I still file a claim if I live outside England or Wales but my company is based there?
It doesn’t matter where you live: As long as you purchased or leased your fleet in England or Wales, you can file a claim. But if you purchased your Mercedes diesels elsewhere, you cannot be part of the lawsuit.

Can I still file a claim if I live in England or Wales but my company is based elsewhere?
You may file a claim if you purchased or leased your fleet of Mercedes diesels in England or Wales. It doesn’t matter where you live or where your company is based; the only thing impacting your eligibility is its geographic point of purchase or lease agreement.

AFTER FILING A CLAIM:

Should I continue driving and using Mercedes fleet vehicles even if I’ve filed a claim?
You can absolutely continue to use your diesel Mercedes fleet vehicles after you’ve filed a claim. That choice is yours to make and there is no legal prohibition on doing so.

Should I continue making payments on my Mercedes fleet even after I’ve filed a claim?
Yes, you should continue making payments on your diesel Mercedes fleet even after you’ve filed your claim. Absent a swift resolution of your civil case or some sort of government mandate that unbinds you from your agreement with a bank or credit provider, you are still required to honor your existing financing terms.

TAXES:

As a company car driver, have I been paying more tax due to the device being fitted to my car?
No, if your vehicle was fitted with a defeat device, then the government confirmed there would be no increase to the amount of vehicle tax you pay.

ABOUT MERCEDES’ WRONGDOING:

What did Mercedes do wrong?
According to Hagens Berman’s investigation, Mercedes programmed the majority of its diesel models to reduce the vehicles’ illegally high levels of nitrogen oxide when they were being tested for emissions. When these vehicles were tested at variable speeds, they produced emissions that were eight to 30 times the U.S. standard, increasing environmental pollution through dirty diesel emissions and lowering the resale value of the affected vehicles. Mercedes ultimately settled a lawsuit brought by U.S. consumers for $700 million and will have to pay a civil penalty of $875 million, the largest per-vehicle penalty ever imposed for a mobile emissions violation under the Clean Air Act. Hagens Berman believes fleet owners in England and Wales are entitled to similar reimbursement as a result of Mercedes’ deception.

COMPENSATION:

Will I be fully reimbursed for the defective Mercedes vehicles in my fleet?
The potential lawsuit may seek full reimbursement for defective diesel models. But, ultimately, an amount will be determined once the legal process runs its course. In the U.S. settlement, current Mercedes drivers were awarded at least $3,290 apiece and received an Approved Emissions Modification (AEM) free of charge, as well as an extended warranty.

Will I receive replacement vehicles as part of my claim?
The lawsuit may seek relief in the form of a recall or free replacement program, but again, the legal process must run its course before it’s determined what sort of compensation fleet owners will receive based on the damages they incurred.

Will I be reimbursed for past repairs made to my Mercedes diesel vehicles?
The lawsuit will ask that Mercedes compensate affected fleet owners for overpayment and any costs associated with the defective vehicles, which could include past repairs.

Does the size of my fleet affect how much money I can receive if the claim is successful?
The size of your fleet could affect how much money you receive in a settlement or successful verdict. Reimbursement is often awarded on a per-vehicle basis, so if your fleet is larger, you may stand to receive more money in aggregate.

How much money is my defective Mercedes worth as-is?
How much your diesel Mercedes is worth depends on the year and model of the vehicle, as well as its condition. Hagens Berman’s investigation is predicated on the notion that Mercedes’ unlawful emissions manipulation has diminished the value of the defective vehicles, so you should take that into account.

Does the age of my fleet impact how much money I’m eligible to receive?
Not necessarily. As long as your fleet contains vehicles thought to be affected by the Mercedes diesel emissions defect, you will be eligible for reimbursement. Oftentimes, vehicle age has no bearing on the dollar amount of a particular claimant’s award.

ENVIRONMENT:

Is there a known fix for Mercedes’ diesel emissions cheating?
In the U.S., claimants received an Approved Emissions Modification (AEM) for their vehicles free of charge as part of the $700 million settlement. This sort of repair may be available in England and Wales.

How is the environment affected by keeping vehicles with emissions cheat devices on the road?
In general, diesel-powered vehicles are not good for the environment, as they send harmful doses of nitrogen oxide into the atmosphere. But what makes Mercedes’ behavior particularly egregious is that they lied about the levels of nitrogen oxide that their defective vehicles were emitting. Through testing, Hagens Berman found that the defective Mercedes diesels produced emissions that were eight to 30 times the U.S. standard.

Will the Mercedes emissions lawsuit seek damages for the harm Mercedes has caused the environment?
Yes, Hagens Berman will seek restitution from Mercedes to remediate the harm to the environment that has been caused by the excess pollutants emitted by the affected diesel vehicles.

ABOUT THE CASE:

Have other car manufacturers been found liable for emissions cheating in England or Wales?
Some 90,000 motorists in England and Wales have filed a class action against the Volkswagen Group for installing emissions cheating devices in their vehicles, which include certain VW and Audi models. The case is still in the process of being litigated, but the rulings to date have favored the plaintiffs.

ABOUT LONDON EMISSIONS ZONES:

What emissions zones exists?
Within the greater area of London there is a low emission zones (LEZ) as well as an ultra-low emission zone (ULEZ).

There are also proposals for the introduction of a zero emissions zone (ZEZ) however this is not yet realised.

In these zones there are greater charges and restrictions as to which vehicles can enter or which must pay a charge depending on their emission standards requirements.

london zones

Why do emissions zones exist?
These restrictions apply to diesel vehicles to try and encourage the use of cars with lower emissions. Vehicles should pass tests and comply with the emissions standards or will be subject to a penalty.

What standards are required in each emissions zone?
In the LEZ charges apply when vehicles do not meet the Euro VI (NOx and PM) standards or Euro 3 (PM) for lighter vehicles.

In the ULEZ charges apply when vehicles do not meet the Euro 6 (NOx and PM) for diesel cars, vans and minibuses and other specialist vehicles or Euro VI (NOx and PM) for lorries, buses and coaches and other specialist heavy vehicles (NOx and PM).

There are no charges for vehicles that meet the standards.

What vehicles are affected in the emissions zones?
Vehicles affected in the LEZ include:

Between 1.205 tonnes unladen up to and including 3.5 tonnes gross vehicle weight:
- Vans
- Motorised horseboxes
- 4x4 light utility vehicles
- Pick-ups
- Breakdown and recovery vehicles
- Dual-purpose vehicles
- Other specialist diesel vehicles
From 2.5 up to and including 3.5 tonnes gross vehicle weight:
- Motor caravans
- Ambulances
- Motorised hearses
- Minibuses (with 8+ passenger seats)
Up to and including 5 tonnes gross vehicle weight:
- Minibuses (with 8+ passenger seats)

Vehicles affected in the ULEZ:

most vehicles including cars, motorcycles, and vans.

To check if you do or do not meet the standards you can check your vehicle via these websites:

Do I need to register my vehicle?
If you meet standards, registration of vehicles isn’t necessary if they comply with standards, this can be checked via Transport for London.

Registration is only needed in these cases when vehicles are known to not comply with standards but you have documents stating otherwise (you have a retrofitted engine). You also need to register when you apply for exemptions.

If you don’t meet standards you do not need to register your vehicle. You are able to pay the appropriate charge without registering

What happens if I don’t meet the standard?
Should your vehicle not meet the standards required, TfL suggest you upgrade and get a new and cleaner vehicle.

Alternatively, they suggest getting the engine retrofitted to meet standards, during this process you can get a 3-month grace period.

Most likely you pay the daily charge to have access to the zones.

If you do not pay the charge and do not meet the standards a penalty can be levied.

What charges apply in these zones?
In the LEZ daily charges are:

£100 for vans or specialist diesel vehicles or minibuses which do not meet Euro 3 standards.
£100 for vehicles which do not meet Euro VI (NOx and PM) standards, but meet Euro IV (PM).
£300 for vehicles over 3.5 tonnes which do not meet Euro IV (PM).

In the ULEZ daily charges are:

£12.50 for most vehicle types, including cars, motorcycles and vans which do not meet Euro VI standards.
£100 for heavier vehicles which do not meet Euro VI standards.

Please review the London’s air quality schemes and Congestion Charge table for greater details (provided by TfL).

How do I pay charges?
Payments can be made online and through multiple methods. Please visit TfL for more details.

How does a defeat device affect my vehicle’s chance of meeting required emissions standards?
The use of defeat devices by manufacturers may result in your vehicle no longer meeting the required standards and thus being subject to an emissions charge or penalty. There is currently no guidance by regulators on this issue. It is best to check and verify if your vehicle is on the list which meets standards.

How does a defeat device damage me with regards to the emissions zones?
Having purchased/leased a vehicle with a defeat device results in you potentially incurring a charge which you had wanted to not be subject to by having a car which is advertised as having high emission standards thus being exempt.

Fleet FAQs