Knownukes

Thanks

mosschops

The modification was completed yesterday on my car. Throttle response seems a bit more abrupt off the line, but power seems the same. I'm curious to see how that changes as adaptation values are collected. MPG seems about the same, but too early to tell. The dealership handled the process very quickly and professionally. My CEL has come and gone for the past few months (soot sensor). This was noted as a stored code and that the part would be replaced as part of the AEM.

My biggest takeaway is that these diesels are infinitely nicer than the '21 GLA250 I was given as a loaner...

TMW3

Hi All! I'm completing my paperwork and they ask for proof that I owned the vehicle at the time of the AEM. Thoughts on what to provide to prove I owned it at the time of modification? (I have my last license tag receipt from February....but that doesn't prove I owned it in April....)

Meanwhile, the mod took 7 days, but i had a loaner the entire time. Drives the same, but fuel mileage indicates an improvement of about 2 mpg....or did they just 'recalibrate' the mileage indicator in the software update? I'll begin keeping paper records to see. Excited about the warranty as it seems to cover everything most likely to mechanically total the vehicle in the near future. I have about 165,000 miles and just completed the oil cooler seal replacement for the second time. First under extended warranty at no cost.

Thanks for all of your support and information!

gkgeiger

I don't understand, I didn't have to show proof of ownership. Are you the original owner, I am, maybe that's the difference. All I had to include was a copy of my repair order. I also filed a claim for a previously owned vehicle, for which they asked for several items. Proof I bought new, drivers license, a copy of the release, and a copy of the BOS.

kajtek1

My claim papers ask me if I was the owner as of September 14, 2020. I guess that date gives you max claim.
MB USA keeps detailer records, so to some degree they already know who did own it when.

TMW3

Thanks for your reply. I'm probably over-thinking it. My wife pointed out the repair order has my name on it as owner, for what that's worth. The Claim Form Instructions ask for (in addition to what you mentioned above) "Proof that the subject vehicle was registered in your name at the time the AEM was installed". BTW, I am the second owner, but I've owned it 7 years.

KYBRIGGS82

om6424u
I live in Central California and have a 2012 GL350 I’ve owned since new. I too have been wondering when I will be able to have the required parts installed so I can file for a settlement.
What law firm are you using? I am with Hagens Berman, Carella and Seeger who originally initiated the lawsuit.
Thanks for any updated information you may come across.

Mawk1

Get the AEM installed at the last possible moment if your car is healthy. Why be a beta tester? Sit back and let MB and the early adopters work out the inevitable AEM issues so that when you do get it, it's a more known quantity. You may also change your mind about getting the AEM in the next 18 months due to issues with it that may emerge, or perhaps because you've opted to join the class but w/objections to the settlement and a better deal is later struck in New Jersey courts (like a buyback!--see VW Dieselgate) you can then skip the AEM and its associated hassles altogether. Keep your options open I say.

Finally, provided you do eventually decide to get the AEM, do you want your AEM-related warranty to end in early 2025 or 18 months later in late 2026? Hmmm. Lol It's a no brainer, unless you need the cash settlement ASAP for stimulus/beer money...Ok, that's a bit harsh, perhaps. There is a risk that you may have a major problem in the next 18 months as you delay the AEM, however, the smart money is on an OLDER vehicle (18 months older) having problems vs. a NEWER car. So, statistically at least, it's smarter to delay the AEM and its related warranty as long as you can, thus extending the warranty further into the older/higher-mileage period when your car is more likely to have needed repairs, many of which could be covered by the AEM warranty, which, IMO, is only going to get more and more generous as time goes by (see below).

PS- I think all these diesel vehicles are destined ultimately to get fixed, gas tank to drivetrain to exhaust pipe, at no charge to the owners for another 5-6 years. MB is going to consider discretion the better part of valor when it comes to this settlement. The nature of the language and the scope of this warranty is a lawyer's dream. They are going to get taken to court A LOT over these issues if they try to hold their ground and nickel and dime/letter-of-the-law their diesel owners. Subsequent courts are not going to look favorably on yet another cheating German "Goliath" defrauding thousands and thousands of unknowing American "Davids" while laying waste to the environment. Very few systems are completely unrelated in the mechanics of an automobile when expert witness engineers are testifying. Exhausting an internal combustion engine, especially a diesel engine, to EPA standards, has far-reaching implications for almost all systems in the vehicle. There is ample room here to stick it to MB should out-of-class or even in-class owners choose to do so, very ample. MB is not going to want to pay their lawyers, who make a lot more per hour than their repair techs, to find that out, all the while suffering a continued black-eye in the court of public opinion. They are going to pay and pay to make it go away. VW is up to 30 billion, with a "B", and counting, six years later! There is ample precedent to suggest that Mercedes isn't going to get out of this inexpensively and with a bevy of auto product liability lawyers primed by Dieselgate coupled with well-informed MB owners (many of whom are professionals themselves) look for much continued litigation and many successful claims.

KYBRIGGS82

Mawk1, thank you for your outline of possible directions for me to look at regarding the Mercedes diesel AEM repairs.
Ideally I would like to sell my 2012 GL350 with 83,000 miles to purchase a new vehicle but I’m beginning to second guess that decision in hopes there may be a better settlement ahead. I’d love to have Mercedes buy back my vehicle but I think the best case scenario in California will be the “beer money”!
Mawk1 what are your plans and what do you think of individuals retaining their own lemon law attorneys and individually filing a lawsuit against Mercedes?

Etienne Lau

The only way you'll get a better settlement would be to file another lawsuit. Either by yourself or convince another law firm that it's worth filing another class action lawsuit. The issue with passing on this current settlement and filing a separate or alternate claim, is what will you base your claim on? The current lawsuit is not even based on MB having "cheated", it is based on false marketing claims. Keep also in mind that the current lawsuit had multiple law firms involved, but most dropped out as they saw no point in pursuing what they felt was a very weak case. Which is why we have our current "beer money" settlement.

Mawk1

That's only one avenue, but it's still a very viable one. There may not have been quite the smoking gun that Dieselgate had, but rest assured that there is ample and compelling evidence when the DOJ, EPA and the State of California (read mostly bureaucrats and second-tier government lawyers) wrangle an immensely powerful corporation into a huge settlement.
Furthermore, the fact is that most law firms drop out of class action settlements because they settle themselves with competing firms and/or feel that it may be more lucrative for their firm to represent those that opt out of the settlement class. You can't have three dozen firms representing a class. It's just not feasible. It is in no way indicative of how strong the class action case may be. It usually boils down to logistics and finances, like most business decisions.
Just wait until first-rate private sector litigators get involved, in earnest, representing those who opt out of the class AND those class members who feel as if MB hasn't honored their warranty subsequently. This last group will be another class entirely IMO, and if not, still a sizeable number of cases that any firm would gladly take on, and, after doing the investigative and discovery leg work (much of which has already been done by) for their first few clients, simply rubber stamp their next few thousands on the way to the bank.
MB has been working furiously to devise AEM work-arounds, a proposition that VW was not able to successfully complete, thus the costly buy-backs that ballooned their losses. IF, and this is a big if, MB's AEMs aren't able to satisfy, not just the EPA and CARB, but also their own original performance marketing claims for these vehicles LOOK OUT! Buying back even a small fraction of the total number of vehicles in question when they are, on average, 2-3x more expensive than an average VW, is going to really hurt. However, that isn't the only possible source of damages. The in-class owners will be a large group and in the next few years, should MB provoke these owners by not thoroughly and completely honoring their AEM warranty, could gouge them for millions and millions more. There are also governmental fines associated with not honoring their AEM warranty, which gives further ammunition and leverage to in-class owners who dispute with MB over future inspections, diagnostics and repairs.
Finally, the fines associated with each vehicle that isn't modified (with an 85% bar) are so stiff that I feel MB is going to sweeten the pot for those owners that are still AEM hold outs as we get closer to October of 2022 and then again in 2023 for Sprinter owners. The hits are just going to keep on coming. Stay tuned...

Mawk1

But regardless, I will say that no AEM is going into my car until at least September of 2022, barring exhaust system issues that render the car undrivable. As for the settlement, I will probably either opt out entirely or opt-in with objections by May 24th.

The possible objections that can be listed to the proposed settlement are many and varied but all powerful and credible. The drop in re-sale value alone of most of these vehicles, which is easily demonstrated, will nearly equal the roughly $3500 individual settlements proposed for single owners and surpass the ~$2600 second owner figure.

From there you go to potential performance issues (with ample evidence from recent VW, Ford EcoDiesel and Fiat Chrysler suits) like decreased horse power, torque, towing capacity, difficult start-ups, noise and smell. Safety issues are associated with all these items as well.

How about the almost certain hit to MPGs, which can be easily demonstrated from all the above cases, and the associated increased fuel, oil and DEF costs especially given the always bloated MB OEM parts/fluids and high labor rates? That should make a nice dent in your owner wallet.

Decreased future reliability and increased repair issues are next, and given the readily available findings of other recent manufacturer's AEMs, shouldn't be difficult to argue. You will, of course, factor in MB dealer parts and labor costs while also taking into account owner time and trouble at the owner's present hourly compensation rate.

Then maybe you finish up with what a devastating blow this recall has been to your environmental sensibilities given that you painstakingly researched, test-drove, comparison shopped, took for mechanical inspection and after all that due diligence were still sold, fraudulently, by MB a vehicle that was represented to be 30% less polluting than a gasoline model but has now actually been documented to pollute at up to 83x the EPA limit. How much is that worth? This is the real clincher and it's called "loss of bargain" in legal terms.

Case closed IMO. If the Jersey court on July 12th, considering all these evidences/arguments, still thinks the proposed settlement is fair to owners/lessees, I'd be very surprised. How?! And if you're opting out instead, IMO you're going to get a settlement from MB (and Bosch), it's just a matter of when and how much. It will not go to trial, unless you are a very early (test) plaintiff. The award must be at least $5,000 for you to net the $3500 proposed settlement back after your lawyer's customary 30% cut. Do the math above, even super conservatively. Peasy!

PS-- You still get the AEM and the extended warranty, regardless, if you want it. That's TBD.

captivabenz

The dealership does a scan for any pre existing problems on the car, before the updates. If there are any problems, I would imagine the owner must pay for the repair. With the coverage for the Turbo, Timing Chain, and other costly items, I would (and did) complete the AEM ASAP. Just my thought pattern ...

gkgeiger

I did my AEM as soon as I could, but I think you guys should wait.

kajtek1

By waiting, you postpone your warranty. What's if something fails in the mean time?
On my Sprinter the dealer wanted $3800 for new DPF before doing AEM as the old 1 had a leak.. I went to other dealer and they did AEM without a hassle.

om6424u

Yes for all X164 GL owners we are now in a new EMC catagory. Which sucks as the Shelby ( Hagens ) and then the EPA has confirmed that we won't be getting repairs till Q3 and more specific Nov 2021.
I've been on the phone with MBUSA the EPA and Hagens non stop.
I have 180k on my car and if this gives me a few years of life I'll keep it but it's so tempting to toss this heap into the trash. Not sure if they'd keep going fixing these as it's gonna get worse with emissions regulations.

On a side note had my DPF baked cars getting re assembled crossing fingers that they won't give a headache about AEM qualifications in Nov. Let's see if it works.

mellonc

i'm only doing my AEM early because my warranty just expired in Feb. Otherwise, I'd agree with some opinion that we should wait.

Potrice

Anyone know if we'll get the same thing in Canada???

Steven Gu

If there is a code on the dashboard before you reach dealer, will it disappear after you push clear button on the scanner?

Mawk1

I'm glad you were able to get the AEM without paying for the pre-existing DPF problem, but it does weaken the case for doing the AEM now instead of later. If dealers are letting pre-existing codes slide and doing the AEMs anyway, this question is moot. I don't think we need to worry if we have a code for an AEM-related problem as we arrive for an AEM recall service. After all, that's the point of the recall--it isn't working as it should. So then, we need only worry about pre-existing codes for NON AEM-related issues as we arrive at the dealer for recall service, unless your vehicle is still under a warranty, in which case you have no worries whatsoever.

Again, this is a calculated risk. I'm banking on the chances of my car (which is out of warranty) continuing to perform for the next 18 months without a major AEM-related problem as being greater than the chances of it performing without a major AEM-related problem between April of 2025 and October of 2026 when the car will be 4 to 5.5 years older than it presently is and have roughly 48-66K more miles than it currently does. It's a sensible wager, but, as with all bets, it's never 100%.

One final thought: If you find yourself in a financial situation where you will not be able to afford to repair your vehicle if a problem develops, THEN GET THE AEM NOW and start the 4 yr/48k warranty to help assure that you have as few expenses as possible. This should be self-evident. If, however, your situation is such that paying for repairs, even major ones, will not put you in the poor house, then you have enough capital to make this advisable wager.

mfab

I brought my E250 in today for the AEM. I should have it back tomorrow and I'll report back once I drive it a bit. I'll want to understand the impact on the E250 and then make a decision on what to do about the GLE 300d after that.

I'm not sure how much longer I will keep the E250. Maybe a year or two, but probably not more than 4 so delaying the start of the warranty doesn't mean a lot to me. In the meantime I'll take the cash and start thinking about actually buying the Tesla. Although the new EQ S has caught my eye...but you have to think there will be some real pain inflicted with that purchase.

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kajtek1

Drive E250 a bit longer and buy Lucid instead of Tesla.

Mawk1

The Air (and the SUV--Gravity is the model name, IIRC) looks like a performance monster with the Grand Touring version at 500 miles per charge! The major reason I bought the MB OM651 engine in the E250 platform was for MPGs and touring range. You just can't beat an 800 mile car! I've driven from Seattle to Napa CA on one tank of diesel that cost me $66 at Costco. That's extraordinary! Now if my bladder range could just be extended...

PS- I told a friend this story and he quickly replied that he could fly there for less than this using his Alaska Airlines Skymiles (or some such program). I then asked him how much it would cost to park his car at the airport for at least two days as he took this trip down and back and how much a rental car would set him back to get away from the SF or Oakland airports. The parking was $50, let alone the rental car cost. Also, to get these free or discounted tickets from his frequent flyer program also had cost him a portion of his previous flights' costs. (They don't just give those reduced tickets away.) He quickly shut up at this point.

kajtek1

I had my son flown from Oakland to Las Vegas for $19,
But they wanted $30 for handbag and I think $50 for suitcase.
When OM654 engines might take long time to make it to USA, they don't deliver any revolution, so OM651 is keeper for me till I will need self-driving auto.
To keep with car range, get 1 of those

mfab

I had my emission updated yesterday. The car feels totally normal. I couldn't tell anything. The car would upshift no problem, but I was also able to hold 1100 RMPs with a light throttle. I got over 40mpg on the drive home (not highway with some stop lights) so that seems better than expected.

They changed my Diesel Particulate Filter (DPF). I think this is a really big deal. The DPF is a filter that eventually needs to be replaced because there isn't a good cleaning option. The fact they put a new one in makes me happy. I expect the new one to be good for more than the next 100+K miles.

I realized on the drive home how much I like the E250. It's a really good car. The only concern is the FEAR of the diesel emission system. The fact that it's now under warranty for my foreseeable remaining ownership of the car is very nice.

BTW the E250 has been a workhorse for me and totally reliable so far. The 4 cylinder diesel is a winner.

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