FAQs on the Mercedes emissions scandal
The Mercedes emissions scandal
Is Mercedes affected by the emissions scandal?
Despite all the recalls ordered by the authorities at Mercedes-Benz and a billion-dollar settlement in the USA, the company still denies having manipulated their diesel vehicles.
However, a recent expert report clearly indicates that manipulation took place. According to the report, the Stuttgart-based car-maker apparently installed illegal defeat devices in many diesel vehicles, meaning that the required limit values were rarely complied with during regular road use.
Which models are affected by the Mercedes emissions scandal?
The emissions scandal at Mercedes-Benz affects, among others, the OM engines 622, 626, 642 and 651, which are installed in 670,000 vehicles throughout Europe. The affected models include vehicles of the A-, B-, C-, E- and S-Classes, as well as the Vito and certain Roadster models.
For consumers, it is often difficult to tell whether or not their engine is affected. Our free Mercedes Check provides clarity on this.
Should I join the model declaratory action against Daimler?
Consumer protection groups filed a model declaratory action against Daimler with the Stuttgart Higher Regional Court in July 2021. This was meant to provide affected owners of diesel vehicles with certainty as to whether they were duped by Mercedes.
The model declaratory action puts more pressure on the Daimler group. However, experts advise an individual lawsuit to avoid lengthy proceedings. In addition, the settlement payments from a model declaratory action are usually lower than the compensation amounts from individual lawsuits.
General questions about the emissions scandal
What is the diesel/emissions scandal?
- The diesel or emissions scandal is the biggest fraud scandal in the automotive industry.
- By illegally manipulating their engines, numerous vehicle manufacturers attempted to circumvent legally prescribed limits for exhaust emissions.
- After the scandal was first uncovered at Volkswagen in 2015, diesel vehicles suffered a massive loss in value.
- The financial damage affects several million motorists worldwide.
Which manufacturers are affected by the emissions scandal?
Today we can state with certainty that there is hardly any manufacturer of diesel cars who is not involved in the emissions scandal. This has been confirmed by numerous independent expert reports and investigations. Experts assume that in addition to Volkswagen, Audi and Mercedes, BMW, Opel, Fiat and Porsche are also part of this scandal.
Your rights and opportunities as a consumer
Is my car affected by the emissions scandal?
In Germany alone, several hundred thousand Mercedes diesel vehicles are already affected by recalls. Since the recall covers several models and engines as well as certain production periods, consumers often find it difficult to determine whether their vehicle is one of those affected.
Our non-binding Mercedes Check gives you quick, easy and reliable information on whether your car could have been manipulated.
Can I return my Mercedes diesel vehicle?
If your Mercedes-Benz is affected and you assert your claims with our help, you can return your vehicle. You will then usually be refunded the purchase price less compensation for use, plus interest. Or you may receive compensation for the loss in value and keep possesion your diesel car.
What is the legal situation - are there any rulings that may strengthen my position?
More and more courts are ruling in favour of aggrieved Mercedes drivers and are issuing orders to the Stuttgart-based company to pay compensation.
Our lawyers have summarised two important court decisions for you:
- Ref. 8 U 8/20; 18.09.2020: The Naumburg Higher Regional Court awarded the owner of a used Mercedes-Benz 25,000 euros in compensation for intentional immoral damage.
- Ref. 20 O 267/20 and 20 O 271/20: The Regional Court of Stuttgart ordered Mercedes-Benz to pay compensation in two cases. Both buyers will receive the respective purchase price against return of the vehicles from Daimler AG.
What chances does my claim against Mercedes have?
Our lawyers are constantly monitoring the current developments in the emissions scandal for you: According to current estimates, hundreds of thousands of diesel vehicle drivers have already successfully taken legal action against the car companies. This basic situation and the particularly consumer-friendly tendency of many courts also increase your chances.
Compensation and claims
Who is entitled to compensation for manipulated diesel vehicles?
If our experts find that an illegal defeat device was installed in your diesel vehicle, you have the best chances of making a claim for compensation.
What happens if I do not assert my claim against Daimler?
Since the emissions scandal came to light, diesel vehicles have suffered a considerable loss in value of up to 50 percent. This means that by merely owning a diesel vehicle you have suffered financial damage through no fault of your own; it is your right not to accept this damage and to actively resist it.
Can I still make a claim after a recall and a software update have been carried out?
After the emissions scandal became known, most car manufacturers tried to oblige diesel vehicle drivers to carry out a software update as part of a recall campaign. The update was supposed to remove illegal defeat devices. However, many of our clients subsequently complained about increased fuel consumption, build up of undesirable odour or engine damage. There is also the suspicion that a thermal window and thus a new defeat device was installed with the diesel update.
Irrespective of any software updates, the offence of intentional immoral damage during the purchase of the vehicle still exists and therefore the car buyer is entitled to compensation.
I bought a used diesel vehicle, can I still make a claim?
Buyers of used Mercedes vehicles suffer the same financial damages as owners of a new car. Therefore, even as an affected used car buyer, you are entitled to compensation.
Am I entitled to compensation if I have already sold my Mercedes or intend to sell it
during the proceedings?
Yes, you can also claim compensation in such cases. In the case of a sale during ongoing proceedings, our lawyers will advise you on the most important general conditions of the sale.
What is the statute of limitations for claims in the diesel scandal?
Our experts will endeavour to establish the limitation period that applies to each individual case and will inform you about your options.
Legal support for your case
I want to assert my claims - how does the legal process work?
If you want our help to take action against Mercedes, the first step is an out-of-court procedure. Many vehicle manufacturers already offer high compensation sums at this point in order to avert legal proceedings.
If the result does not meet your expectations, our lawyers will claim compensation for you in court.
What costs should I expect?
If legal proceedings are taken, there will be no risk to you at all. This is because you will be billed directly via your legal expense insurance. Depending on the insurance tariff, a small deductible amount may accrue. If you do not have legal expense insurance, you may have to pay for the legal proceedings. In this case, experts will check the facts of the case and in clear cases will usually take over the litigation risk for you as a consumer.
When will I receive my compensation?
Due to our expertise in the emissions scandal and the increasingly clear legal situation, we are able to conclude many cases within just a few months.
How long it will take before you can receive your compensation will depend on individual factors of your case. Depending on the location of the court and the difficulty of the case, it can take a few weeks or a few months before you are compensated. We will keep you informed of the status of your case at all times.
The free Mercedes Check
How much will the indemnity check by Milberg cost me?
We do not charge you any fees at all for the non-binding review of your personal claim for compensation as part of the initial consultation.
How does the Mercedes Check work?
- With the free Mercedes Check on our website, you can find out in just two minutes whether your Mercedes-Benz could be affected by the emissions scandal.
- If the check is positive, we will then calculate how much compensation you may be entitled to.
- In the final step, we will check your case individually using your vehicle registration documents and proof of purchase and confirm our initial estimate.
If you wish, our lawyers will notify you of your payment within a few days after the review has been completed. We will review your compensation claims free of charge and without any obligation on your part from the first to the last step.
What are the possible compensation claims?
Our experience and the judgements made so far in the emissions scandal show that the drivers of diesel vehicles can now expect compensation sums of up to 50,000 euros.
Milberg - your partner in the emissions scandal
What kind of law firm is Milberg Coleman Bryson Phillips Grossman?
Milberg, as a law firm, has been fighting for the rights of defrauded consumers for over 50 years. In various mass and individual cases worldwide, we have to date obtained over 40 billion euros in compensation for injured parties.
What is Milberg's background?
The firm was founded in 1965 by experienced lawyers and experts in the USA. Our lawyers are proven specialists in their fields. They have gained their experience through handling thousands of cases.
What successes has Milberg already achieved in the emissions scandal?
With our expertise, we have already helped numerous consumers to secure their rights and have successfully claimed compensation from various car manufacturers.
Security for your data
What happens to my data when I use the Mercedes Check?
As experts in consumer protection, the security of your data is a top priority for us. In addition, there are clear regulations in Germany regarding the protection of your personal information.
We only use your data to process your order. You can find more details on this in our Privacy Policy.
Why do I have to enter my e-mail address for the Mercedes Check?
We use your e-mail address exclusively for the purpose of informing you about new developments regarding your free compensation review or to clarify queries with you.