The diesel gate has now also hit Mercedes in 2018. Mercedes will recall more than 700,000 diesel cars as part of a recall campaign. This means that as the owner of a Mercedes diesel car, you have the same rights as Volkswagen owners. The chances of success for damages have never been so high.
The Mercedes owner returns his diesel car to Daimler and receives a refund of the purchase price paid at the time less a small compensation for the mileage he drove.
The return of the vehicle against reimbursement of the purchase price paid at that time is currently the most attractive and legally best option. Since we cannot achieve the return of the vehicle by contractual regulations but by tort law, you do not have to have had a contract with Mercedes.
You bought a new Mercedes C Class in 2014 for EUR 35,000 and have covered 50,000 kilometres so far. If you want to sell this cheating diesel with threatening driving bans now on the free market, you may still get approx. 10,000.00 EUR. If you enforce the return of the vehicle against the manufacturer, Mercedes will refund you the purchase price of EUR 35,000.00 and deduct only EUR 5,000.00 for the kilometres.
In the VW exhaust scandal there are thousands of court rulings for this example, which were announced exactly the same in favour of the vehicle owners. The fact is, however, that you can only achieve such a goal if you take legal action against Daimler with the help of a lawyer. There are already several verdicts against Daimler from Stuttgart, Hanau, Karlsruhe and Münster.
Rely on the many years of experience of the law firm Balduin & Partner, which has already helped thousands of car owners. In the Ruhr area we are one of the leading law firms in the diesel affair.
Since the exhaust affair against Mercedes was only published in 2018, car owners have the opportunity to take action against dealers and manufacturers.
This will prevent you from being affected by driving bans in the future. You also avoid a useless software update, which can even cause consequential damage to the vehicle.
At this point we advise against installing the software update. As soon as you receive an invitation to do so, you have already received proof of the exhaust gas manipulation and can immediately commission a lawyer to do so.
If Mercedes has installed the update without your knowledge, have a certificate issued and then contact a specialist lawyer for traffic law.
However, the update is harmless for your claims. Even if it has already been installed, you can continue to successfully sue Mercedes.
This option is only possible against the dealer if the warranty period of one to 2 years since purchase has not expired. This option is particularly attractive as no kilometre compensation has to be paid to the dealer after a successful procedure.
Compensation in money to compensate for the loss in value
This possibility also exists if the car buyer wants to keep his Mercedes. Compensation payments of up to 30 percent based on the purchase price are enforceable.
However, there is a risk that the vehicle may be subject to official driving bans and immobilisation at a later date.
A class action suit against Mercedes or Daimler is not possible. Each injured party must bring his rights individually before a German court. The sample determination procedure, which came in November 2018, is not a class action suit. In this case, only the guilt of the injuring party is established. The proceedings will last for years, where an individual action by you is usually concluded in one year.
You will only be awarded damages if you bring an action against Daimler. You can still do this in 2019.
According to our information, the models are particularly affected:
Euro 5 OM65
Euro 6 OM642
The law firm Balduin & Partner from Mülheim an der Ruhr already represents numerous Mercedes owners nationwide in the diesel scandal. Our specialized attorneys and specialist lawyers have already won many successful judgments for exhaust victims. Especially at the competent NRW regional courts in Duisburg, Essen, Düsseldorf, Cologne, Gelsenkirchen, Wuppertal and Bochum, our lawyers have already won hundreds of judgments in favour of our clients.