Hagens Berman EMEA LLP is here to provide you with information about the Mercedes Diesel Group Litigation, about Mercedes’ use of devices to limit and defeat emissions and about what you can expect in this litigation.

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What is this case about?

This case is being pursued on behalf of English and Welsh drivers (both personal and commercial) who purchased or leased a Mercedes diesel vehicle equipped with an engine system with a diesel defeat device or its equivalent.

Our investigations allege that Mercedes may be liable to consumers because they marketed and sold certain diesel engine as the most environmentally conscious diesel option in the world, when in reality the vehicles spread hazardous levels of emissions when operating at temperatures under 50 degrees Fahrenheit.

What is the intended outcome?

Hagens Berman EMEA LLP will seek to hold Mercedes accountable for its actions on behalf of consumers in England and Wales.

What types of damages are you seeking in the class action?

In our group litigation, the damages being sought are as a result of Mercedes’ use of diesel emissions defeat devices. Damages may include: the cost of unused extended warranties; the cost of excess fuel associated with a decrease in efficiency; the cost of future repairs; the loss in value of affected vehicles.

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?

I leased my car. Can I be part of the lawsuit?

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I sold my car? Can I be part of the lawsuit?

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 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.

What if my vehicle is a company car?

We anticipate different categories of loss can be claimed against Mercedes as a result of their dirty diesel emissions. In respect of 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.

How much compensation will I get?

At this early stage, it is hard to give an accurate figure as to what compensation you will get, if the litigation is successful. This is because it will depend on a range of factors such as the court’s decisions, your vehicle’s model, price you paid, when you operated your vehicle, whether you bought or leased your car, and whether you bought it new or used. However, we intend to pursue every possible entitlement for you and have a great team of litigators working to ensure you receive the maximum amount possible , which we hope to be in the broad range of £3,000 to £10,000 per vehicle (this is very much an estimated range and by no means guaranteed for each group member). As we progress the case, we will update you with expert information, analysis and valuations of damages specific to your claim.

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Litigation of this type is expensive, but you will not have to pay any upfront fee to join as a claimant. We will work under what is known as a Damage-Based Agreement, which means that our fees and other costs would be paid from any damages or compensation received from the litigation. Although compensation in any litigation is difficult to predict and is dependent on many factors, our fee for representing you will be a fixed percentage of the recovery from the Defendants, Mercedes. We will confirm the percentage in the Damages-Based Agreement, but we expect it will be no more than 35%. Again, you will not have to make any out-of-pocket payments towards the litigation – our fees and other costs get paid out of compensation from the Defendants only if we win the case or settle in your favour. More details of our fee structure and terms will be forthcoming in our Damage-Based Agreement, which we will send you in due course. It is important that, upon receipt, you read the Damages-Based Agreement carefully and make sure that you understand it.

What is a Group-Action Litigation and how does it work?

A Group Action litigation is a civil lawsuit brought on behalf of a group of people or business entities who have suffered common injuries as a result of the defendants’ actions. The issues in dispute are common to all class members.