Drivers to get payment from $6 million emissions settlement – and certain vehicle owners will get multiple checks
Drivers can claim a portion of a substantial $6 million settlement if they owned or leased certain BMW models. The car manufacturer has agreed to pay this amount after facing accusations of failing to comply with stringent environmental regulations.
Lawsuit Background
In 2018, a class action lawsuit was filed against BMW regarding diesel emission tests for the 2009-2013 BMW X5 xDrive35d and 2009-2011 BMW 335d models. The lawsuit alleged that BMW installed defeat devices in these vehicles, which allowed them to meet fuel emission standards during testing but ultimately failed to comply during normal operation.
Defeat devices can be defined as hardware or software that helps vehicles pass emissions tests while allowing them to emit higher pollutants when used under typical driving conditions. The plaintiffs in the lawsuit argued that they would not have purchased these vehicles had they known about the excessive emissions.
Although BMW did not admit any wrongdoing, the company agreed to the significant payout to resolve the allegations.
Eligibility for Compensation
Anyone who owned or leased one of the affected models before February 24, 2024, is eligible for direct payment. The compensation amount will be proportional to the duration of vehicle ownership or lease, meaning the longer drivers had the car, the more money they could receive.
While specific payment estimates have yet to be disclosed, those who successfully apply may receive a second payment if funds remain after the initial disbursements.
How to Claim Your Payment
To obtain the payout, drivers must file a claim and provide documentation proving ownership or leasing of one of the specified models. Those who leased a vehicle and later purchased the same model are also eligible for compensation.
Required paperwork includes:
- Vehicle registration
- Driver’s license or government-issued identification
- Proof of purchase or lease
The final hearing to approve the settlement is scheduled for September 24.
- Online Claim Submission Deadline: November 20
- Paper Check Application Deadline: December 18
Historical Context of Defeat Devices
BMW is not the first automaker to face scrutiny over defeat devices. Another dealership was fined $75,000 for selling cars equipped with such devices between 2017 and 2019. The use of defeat devices violates the Clean Air Act, enacted in 1970 and enforced by the United States Environmental Protection Agency, which established strict regulations on air pollutants. Today, every vehicle sold must pass emissions testing.
Additional Settlement Opportunities
In addition to the BMW settlement, drivers may also be eligible for a one-time payment from a separate $6 million settlement related to an alleged engine defect found in a popular pickup truck. Furthermore, another $1 million settlement is in place, requiring a dealership to compensate customers who were allegedly misled into paying unnecessary fees.
