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Mercedes Diesel Class Action

GMP Law has initiated a class action lawsuit against Mercedes-Benz regarding their alleged manipulation and misreporting of Type Approval testing in their diesel vehicles, particularly concerning emissions.

The lawsuit seeks compensation for vehicle owners and lessees who may have been misled at the time of purchase about their vehicle’s performance and environmental impact. Depending on the outcome, compensation could potentially be a significant proportion of the vehicle’s purchase price and include additional fuel and maintenance costs.

car emissions

Current status

Initiated
GMP Law has lodged a class action Proceeding against Mercedes-Benz in the Supreme Court of Victoria over the alleged manipulation of engine testing results, specifically related to emissions in their diesel vehicles.
Progress

We have been engaging with the solicitors for Mercedes-Benz in relation to finalisation of our claim documentation.

In the meantime, a rival class action has been commenced by another law firm, Piper Alderman. Only one case can proceed to trial, so, if we cannot agree, the Court must decide which case moves forward. We are in the final stages of negotiating a resolution of this dispute.

Next Steps
We will be able to advise on Next Steps once the carriage dispute has been resolved.

Key developments

Mercedes has been subject to investigations worldwide over the alleged installation of ‘cheat devices’ in their engines. These devices allegedly misreport engine performance under testing conditions, particularly regarding Nitrogen Oxide (NOx) emissions.

Key points:

  1. Global investigations have been launched into Mercedes diesel engines.
  2. The issue centres around the alleged use of software that alters engine performance during emissions testing or outside normal driving conditions.
  3. Similar cases against other automobile manufacturers have resulted in significant fines and compensation payouts.
  4. In 2022, a nationwide class action against Mercedes-Benz concerning defeat device allegations was settled.
  5. In 2022, a class action was brought against Mercedes-Benz in the US.
  6. Mercedes-Benz Emissions Group litigation has commenced in the UK.
car emissions

About the class action

The class action addresses serious allegations against Mercedes regarding their diesel vehicles. The lawsuit focuses on the company’s alleged misrepresentation of their vehicles’ emissions and performance. Key aspects of the class action include:

Consumer fraud: Misleading consumers about the environmental impact and performance of their cars.

Environmental impact: Claims that the actual emissions of the vehicles are significantly higher than reported, misrepresenting the emissions of the vehicle, and potentially causing environmental damage.

Vehicle value: Concerns that purchasers paid more than the true value for the vehicle, because, had they been aware of the true emissions readings of the vehicles, they would have paid less.

The issue

The core issue in this class action is the alleged use of ‘cheat devices’ in Mercedes diesel engines.

These devices are said to detect when the vehicle is driven outside of normal road or weather conditions, or when carrying heavy loads or driving on steep inclines. In these situations, the device will turn off or markedly reduce the effectiveness of the emission controls fitted to the vehicle. This was designed to increase engine power and improved fuel efficiency, however as a result, the vehicles emit emissions at unacceptably high levels.

Environmental concerns

The environmental impact of these alleged actions is significant:

  • Increased NO and NO2 (NOx) emissions when emissions controls in motor vehicles are turned off or reduced in efficiency can contribute to global warming
  • Higher than claimed emissions could contribute to accelerated climate change
  • Increased NOx can lead to poor air quality and affect the health of the community, particularly the vulnerable.

Health issues identified

The higher emissions have broader health implications:

  • Increased NOx levels are associated with respiratory issues, such as childhood asthma
  • Long-term exposure to elevated NOx levels can contribute to heart disease
  • The culminating effect of higher emissions can impact overall environmental health.

What’s next?

The Mercedes class action seeks to secure compensation for vehicle owners and lessees impacted by these cheat devices. If you have been affected by these issues, you have the opportunity to be part of this vital legal action.

Are you eligible for compensation?

You may be eligible to join the class action and claim compensation if:

  1. You bought or leased a diesel Mercedes vehicle (new or second-hand) that was manufactured between January 1, 2008, and December 31, 2018.
  2. You owned or leased the vehicle during the specified period, even if you no longer own or lease it.

To determine your eligibility and join the class action:

  1. Check your vehicle documentation to confirm the manufacture date and engine type.
  2. Gather any relevant purchase or lease agreements.
  3. Register your interest with GMP Law.

Risk-free participation

There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.

If the claim is unsuccessful, you will not be personally liable for any costs.

Take action today to ensure your rights are represented and to pursue the compensation you deserve.

Do you have a class action claim?

Tell us about your experience and one of our compensation experts will be in touch.

Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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