Possible Relief for Balance Shaft Failure
04-25-2015, 11:58 AM
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2006 CLK350 Cabriolet Previous: W203,W202,W201, 2 Porsche 914s, 1965 Jaguar XKE Roadster
Thanks for the update
That is the best news I've heard all week. Thanks for passing it along Rodney.
06-28-2015, 03:52 AM
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2007 Mercedes E-350 4-Matic
re: Another judge hears the class action suit:
Additional details on the Settlement Lawsuit as well as Important Dates and Deadlines for claims can also be found at the following website:
https://eclaim.kccllc.net/caclaimforms/mse/home.aspx
Hope this information will help everyone.
-Irfan Qayyum
06-28-2015, 01:52 PM
#5
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Just to paraphrase the benefits of the settlement:
If the repair was made during the 4 year/50K mile warranty, MBUSA would have covered it 100%. If it was repaired out of warranty, but covered 100% under "goodwill", then no other reimbursement is to be made.
If the repair was made after the 4/50K warranty expired, but up to 8 years/80K miles, then MBUSA will refund 70% of "reasonable repair costs".
If the repair was made between 8/80K, but up to 10/125K, then MBUSA will refund 37.5% of "reasonable repair costs".
"Reasonable Repair Costs" are indicated as $4,000, or the actual cost of the repair, whichever is LESS.
Also, for car with engines in the range that have not yet failed, the same reimbursement rules apply. However, since MY2007 is the latest to be in the range for failure, and nearly all of those would have a delivery date in 2006 or 2007, any engines that have not yet failed would fall into the 10/125K range. Given that $4K is the "reasonable repair cost", it would cost you about $2,500.
If you had yours repaired and you paid out of pocket, I strongly suggest you do everything required in the settlement to get reimbursed ASAP.
IANAL, but if you paid an MBZ dealer more than $4K for the repair, I would do two things. First, I would approach the dealer with the class action notice in hand and demand a refund (or at least shop credit) for the difference. Then I would file the claim. If the dealer refuses, then I would follow the instructions to exclude myself from the class, then find a willing attorney to help me file my own suit against MBUSA and the dealer for both reimbursement and overcharging. Note that in class action suits, some people have had very good results excluding themselves from the class, then filing their own separate suits. In fact, there are lawyers that specialize in doing just that. The precedence is set by the settlement of the first suit, so you may have a better chance getting fully reimbursed for the repair, plus punitive damages and legal fees. But again, IANAL - I just read about this stuff.
These reasonable repair costs are $4,000 or the actual cost of the repair, whichever is less.
If the repair was made during the 4 year/50K mile warranty, MBUSA would have covered it 100%. If it was repaired out of warranty, but covered 100% under "goodwill", then no other reimbursement is to be made.
If the repair was made after the 4/50K warranty expired, but up to 8 years/80K miles, then MBUSA will refund 70% of "reasonable repair costs".
If the repair was made between 8/80K, but up to 10/125K, then MBUSA will refund 37.5% of "reasonable repair costs".
"Reasonable Repair Costs" are indicated as $4,000, or the actual cost of the repair, whichever is LESS.
Also, for car with engines in the range that have not yet failed, the same reimbursement rules apply. However, since MY2007 is the latest to be in the range for failure, and nearly all of those would have a delivery date in 2006 or 2007, any engines that have not yet failed would fall into the 10/125K range. Given that $4K is the "reasonable repair cost", it would cost you about $2,500.
If you had yours repaired and you paid out of pocket, I strongly suggest you do everything required in the settlement to get reimbursed ASAP.
IANAL, but if you paid an MBZ dealer more than $4K for the repair, I would do two things. First, I would approach the dealer with the class action notice in hand and demand a refund (or at least shop credit) for the difference. Then I would file the claim. If the dealer refuses, then I would follow the instructions to exclude myself from the class, then find a willing attorney to help me file my own suit against MBUSA and the dealer for both reimbursement and overcharging. Note that in class action suits, some people have had very good results excluding themselves from the class, then filing their own separate suits. In fact, there are lawyers that specialize in doing just that. The precedence is set by the settlement of the first suit, so you may have a better chance getting fully reimbursed for the repair, plus punitive damages and legal fees. But again, IANAL - I just read about this stuff.
These reasonable repair costs are $4,000 or the actual cost of the repair, whichever is less.
06-28-2015, 03:35 PM
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re: Possible Relief for Balance Shaft Failure'
Just to paraphrase the benefits of the settlement:
If the repair was made during the 4 year/50K mile warranty, MBUSA would have covered it 100%. If it was repaired out of warranty, but covered 100% under "goodwill", then no other reimbursement is to be made.
If the repair was made after the 4/50K warranty expired, but up to 8 years/80K miles, then MBUSA will refund 70% of "reasonable repair costs".
If the repair was made between 8/80K, but up to 10/125K, then MBUSA will refund 37.5% of "reasonable repair costs".
"Reasonable Repair Costs" are indicated as $4,000, or the actual cost of the repair, whichever is LESS.
Also, for car with engines in the range that have not yet failed, the same reimbursement rules apply. However, since MY2007 is the latest to be in the range for failure, and nearly all of those would have a delivery date in 2006 or 2007, any engines that have not yet failed would fall into the 10/125K range. Given that $4K is the "reasonable repair cost", it would cost you about $2,500.
If you had yours repaired and you paid out of pocket, I strongly suggest you do everything required in the settlement to get reimbursed ASAP.
IANAL, but if you paid an MBZ dealer more than $4K for the repair, I would do two things. First, I would approach the dealer with the class action notice in hand and demand a refund (or at least shop credit) for the difference. Then I would file the claim. If the dealer refuses, then I would follow the instructions to exclude myself from the class, then find a willing attorney to help me file my own suit against MBUSA and the dealer for both reimbursement and overcharging. Note that in class action suits, some people have had very good results excluding themselves from the class, then filing their own separate suits. In fact, there are lawyers that specialize in doing just that. The precedence is set by the settlement of the first suit, so you may have a better chance getting fully reimbursed for the repair, plus punitive damages and legal fees. But again, IANAL - I just read about this stuff.
These reasonable repair costs are $4,000 or the actual cost of the repair, whichever is less.
If the repair was made during the 4 year/50K mile warranty, MBUSA would have covered it 100%. If it was repaired out of warranty, but covered 100% under "goodwill", then no other reimbursement is to be made.
If the repair was made after the 4/50K warranty expired, but up to 8 years/80K miles, then MBUSA will refund 70% of "reasonable repair costs".
If the repair was made between 8/80K, but up to 10/125K, then MBUSA will refund 37.5% of "reasonable repair costs".
"Reasonable Repair Costs" are indicated as $4,000, or the actual cost of the repair, whichever is LESS.
Also, for car with engines in the range that have not yet failed, the same reimbursement rules apply. However, since MY2007 is the latest to be in the range for failure, and nearly all of those would have a delivery date in 2006 or 2007, any engines that have not yet failed would fall into the 10/125K range. Given that $4K is the "reasonable repair cost", it would cost you about $2,500.
If you had yours repaired and you paid out of pocket, I strongly suggest you do everything required in the settlement to get reimbursed ASAP.
IANAL, but if you paid an MBZ dealer more than $4K for the repair, I would do two things. First, I would approach the dealer with the class action notice in hand and demand a refund (or at least shop credit) for the difference. Then I would file the claim. If the dealer refuses, then I would follow the instructions to exclude myself from the class, then find a willing attorney to help me file my own suit against MBUSA and the dealer for both reimbursement and overcharging. Note that in class action suits, some people have had very good results excluding themselves from the class, then filing their own separate suits. In fact, there are lawyers that specialize in doing just that. The precedence is set by the settlement of the first suit, so you may have a better chance getting fully reimbursed for the repair, plus punitive damages and legal fees. But again, IANAL - I just read about this stuff.
These reasonable repair costs are $4,000 or the actual cost of the repair, whichever is less.
Rodney,
Yes, your explanation is accurate and exactly what proposed settlement says.
This brings a question to my mind, what about owner's of these 2006 and 2007 Model year M272 & M273 engines that falls in the range of VIN # and still haven't failed or repaired but fail after the ten year mark which will be very soon.
For Example: I own a 2007 E-350 4Matic with only 64k miles and first In-Service date of 10/06/2006. Therefore basically with the outcome of the lawsuit what I am getting is a 37.5% coverage warranty of balance shaft for next one year till 10/06/2016 when the car hits it's ten year mark, and after that I will be on my own.
Even though this lawsuit is a big relief and win for those who have already spent money on the repairs or are due these repairs within next one year for 2007 model year but I would suggest to get any repair work done and get the car checked from dealer even if you have a little doubt before your car hits the ten year mark.
I am sure a big no. of owner's falls into this category whose car will be ten years old within next one to two years.
-Irfan Qayyum
06-28-2015, 08:29 PM
#7
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Thread Starter
For those that don't fail until after 10years/125K miles, they will get no relief under the settlement. For that reason, it might be advantageous to formally exclude yourself from the class. If you do that and it fails after 10/125K then you "might possibly" get some traction filing your own suit.
Having said that, keep in mind two things:
(1) So far, only a very small percentage of these engines in the range have actually failed. Only MBZ and their supplier know for sure, but it is suspected that only a small percentage of the parts were incorrectly manufactured. They can't track a defective part to a specific engine serial number, so the "potential range" of engines built during the time when the bad parts were supplied is over half a million. If a large number of these were failing, their would be notations in places like Consumer Reports, Edmunds, cars.com, CarFax, etc. This doesn't even appear as a blip on their radar.
(2) All internal engines parts (even the engine itself!) are consider "wear and tear" parts that will eventually fail. I have heard of timing chains and sprockets in various engines from various manufacturers lasting over 500K miles, but I have also heard of them lasting maybe 250K miles. Of course we "expect" the "best or nothing" of MBZ to last longer, but it is conceivable that it might not. If it fails at 180K, that might be earlier than I'd expect, but at that mileage, I'd begin to expect "some" failures of parts.
Having said that, keep in mind two things:
(1) So far, only a very small percentage of these engines in the range have actually failed. Only MBZ and their supplier know for sure, but it is suspected that only a small percentage of the parts were incorrectly manufactured. They can't track a defective part to a specific engine serial number, so the "potential range" of engines built during the time when the bad parts were supplied is over half a million. If a large number of these were failing, their would be notations in places like Consumer Reports, Edmunds, cars.com, CarFax, etc. This doesn't even appear as a blip on their radar.
(2) All internal engines parts (even the engine itself!) are consider "wear and tear" parts that will eventually fail. I have heard of timing chains and sprockets in various engines from various manufacturers lasting over 500K miles, but I have also heard of them lasting maybe 250K miles. Of course we "expect" the "best or nothing" of MBZ to last longer, but it is conceivable that it might not. If it fails at 180K, that might be earlier than I'd expect, but at that mileage, I'd begin to expect "some" failures of parts.
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08-26-2015, 04:47 PM
#8
I was just quoted by the Benz of Manhattan NY $8000 for the balance shaft repair. I did not mention the class action result, just asked for a quote. The "reasonable" cost stipulated in the class action should have been at least defined as a range if not exactly.
08-30-2015, 08:20 AM
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CLK63, CLK550, SL500 Silver Arrow,Corvette LT1,ZR1
My understanding is MB Manhattan is the only non- franchise dealer in the USA. It is owned by MB Corporate. If that is actually the case,( which I'm 99.9% certain it is) then I would conclude MB Corporate is in violation of the Class action "reasonable costs" provision by quoting the $8,000.00. I would certainly re-read the agreement, try to deal with MB Manhattan and if that fails I would look into contacting the administrator of the class action. That person is typically appointed by the Court that oversees and approved the settlement in the first place and would have more persuasive powers over MB. Hope this helps, good luck.
08-30-2015, 01:12 PM
#12
Barry thanks for the response. There seem to be a few more unanswered questions regarding the settlement. Here is what I was the administrator of the action had to say:
"The Court granted the Motion for Final Approval, approved the Settlement, and certified a Settlement Class on August 17, 2015. Therefore, all repairs must have been made prior to the Effective Date in order to be considered for reimbursement. However, the Effective date is currently on its way to being finalized and will posted on our website in just a few weeks.
The term “effective date” can be a bit tricky to understand. The Settlement has been approved, however, there is a certain grace period in which they finalize the effective date that is court ordered. Typically a few weeks after a Settlement has been approved. In this case, the Effective Date will be posted on our website in a couple of weeks, which will prompt when people are able to bring their vehicles to MBUSA for their “future” repair coverage.
If you get the repairs done after the Effective date we will not be notifying you regarding MBUSA’s process with the repairs as we only deal specifically with the Settlement. You will need to contact MBUSA directly to inquire of their process. This will not require you to submit a Claim Form since you are dealing directly with MBUSA and will only need to pay the remaining cost that was not covered. Submitting a Claim Form is to obtain reimbursement for qualifying repairs described in the litigation. Repairs performed after the Effective Date must be performed at an Authorized Mercedes-Benz dealership.
However, if you opt to have repairs performed before the Effective date, you must submit a timely Claim For in order to be considered for reimbursement. If you submit a Claim Form, if we require additional information we will contact you via mail.
MBUSA will cover a portion of your repairs but it will depend on your qualifying vehicle’s mileage, year (at the time of repair) and cost of qualifying repairs. Your information will have to be evaluated before making any determination on your coverage. Please see FAQ #5 of our Settlement website for details regarding coverage. Please be advised the coverage mentioned is for the Settlement, you will want to contact MBUSA directly to confirm their process as we do not have information nor authorization to speak on their behalf outside of the Settlement.
Unfortunately, I do not have any information as to how much the repairs cost or should cost."
Not sure what to make of all this for the moment.. But it seems pretty unclear to me. The cost for this repair has to be somehow defined I think.
"The Court granted the Motion for Final Approval, approved the Settlement, and certified a Settlement Class on August 17, 2015. Therefore, all repairs must have been made prior to the Effective Date in order to be considered for reimbursement. However, the Effective date is currently on its way to being finalized and will posted on our website in just a few weeks.
The term “effective date” can be a bit tricky to understand. The Settlement has been approved, however, there is a certain grace period in which they finalize the effective date that is court ordered. Typically a few weeks after a Settlement has been approved. In this case, the Effective Date will be posted on our website in a couple of weeks, which will prompt when people are able to bring their vehicles to MBUSA for their “future” repair coverage.
If you get the repairs done after the Effective date we will not be notifying you regarding MBUSA’s process with the repairs as we only deal specifically with the Settlement. You will need to contact MBUSA directly to inquire of their process. This will not require you to submit a Claim Form since you are dealing directly with MBUSA and will only need to pay the remaining cost that was not covered. Submitting a Claim Form is to obtain reimbursement for qualifying repairs described in the litigation. Repairs performed after the Effective Date must be performed at an Authorized Mercedes-Benz dealership.
However, if you opt to have repairs performed before the Effective date, you must submit a timely Claim For in order to be considered for reimbursement. If you submit a Claim Form, if we require additional information we will contact you via mail.
MBUSA will cover a portion of your repairs but it will depend on your qualifying vehicle’s mileage, year (at the time of repair) and cost of qualifying repairs. Your information will have to be evaluated before making any determination on your coverage. Please see FAQ #5 of our Settlement website for details regarding coverage. Please be advised the coverage mentioned is for the Settlement, you will want to contact MBUSA directly to confirm their process as we do not have information nor authorization to speak on their behalf outside of the Settlement.
Unfortunately, I do not have any information as to how much the repairs cost or should cost."
Not sure what to make of all this for the moment.. But it seems pretty unclear to me. The cost for this repair has to be somehow defined I think.
Last edited by vpipis; 08-30-2015 at 01:17 PM.
