Big Update: Drivers to get payment from $6 million emissions settlement – and certain vehicle owners will get multiple checks
Drivers who owned or leased certain BMW models may be eligible for a portion of a substantial $6 million settlement stemming from allegations against the car manufacturer regarding diesel emission tests. The class action lawsuit, filed in 2018, claims that BMW failed to comply with strict environmental regulations for its 2009-2013 BMW X5 xDrive35d and 2009-2011 BMW 335d models.
Allegations of Defeat Devices
The lawsuit accuses BMW of installing defeat devices in these vehicles, which allowed them to pass emission tests while failing to meet fuel emission standards in real-world driving conditions. Defeat devices are hardware or software components that help vehicles comply with regulations during testing but ultimately do not perform as required in everyday use.
Plaintiffs in the case argued that had they known their vehicles emitted excessive pollutants, they would not have purchased them. Although BMW did not admit any wrongdoing, the company agreed to the settlement to resolve the claims.
Eligibility for Payments
Any individual who owned or leased one of the affected models before February 24, 2024, is eligible for a direct payment from the settlement. The amount received will be proportional to the duration for which the vehicle was owned or leased, meaning that longer ownership equates to a higher payout.
While specific payment estimates have not been released, successful claimants may also receive a second payment if funds remain after the initial distributions are made.
How to Claim Your Payment
To qualify for the payout, drivers must submit a claim, providing documentation that proves their ownership or lease of one of the contested models. Eligible paperwork includes vehicle registration, a driver’s license or government ID, and proof of purchase or lease. Those who leased a vehicle and later purchased it are also entitled to compensation.
- Final Hearing: The approval hearing for the settlement is set for September 24, 2024.
- Claim Submission Deadlines:
- For online payment: Claims must be submitted by November 20, 2024.
- For paper checks: Applications must be completed on the settlement website by December 18, 2024.
The Broader Context of Defeat Devices
BMW is not alone in facing scrutiny over defeat devices. In a related case, another car dealership was fined $75,000 for selling vehicles equipped with these devices between 2017 and 2019. Defeat devices are a violation of the Clean Air Act, established in 1970, which mandates stringent regulations on air pollutants. As a result, each vehicle sold must pass emissions testing.
Additional Settlement Opportunities
In addition to the BMW settlement, drivers may also qualify for a one-time payment from another $6 million settlement linked to an engine defect in a popular pickup truck. Additionally, a separate $1 million settlement has been established for a dealership accused of misleading customers into paying unnecessary fees.
Drivers are encouraged to stay informed about these settlement opportunities and take action to secure their potential payments.
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