Diabolis

The bottom line here is that unless YOU want to get out of a Merc and end up with a (much) cheaper vehicle, the dealer has a legal responsibility to fix it or provide you with an equivalent model. While your personal insurance company may decide to write off your car after a collision whose repair would exceed the cost of the vehicle, to the best of my knowledge THERE IS NO SUCH PROVISION IN YOUR SERVICE AGREEMENT WITH THE DEALERSHIP. Check the fine print on the back of the service order. Just because they are trying to go with the least expensive option FOR THEM, there's a very good chance that you have no obligation to accept it and you can insist that they provide you with a similarly equipped vehicle in a similar condition, which in this particular case would include a 4-year warranty on the AEM covered components as well as the warranty on the engine as a result of the oil cooler seals replacement job. In other words, the Merc you would and should have ended up with following the AEM and additional work, with a bunch of expensive bits replaced free of charge, 4 years warranty on not just those bits but a whole bunch more (heads, cams, cam chain etc.) and the whole motor as a result of the oil cooler seal replacement job.

Find another ML that you like, make sure it is in as least as good of a condition as yours, and then ask them to do perform the same work on it. If they agree to it (and they would also need to eat any sales taxes here and administrative costs of transferring the vehicle to you), get an independent third party to do a full inspection on it and if you like what the indie shop tells you about the condition of the vehicle, you an tell them that you are willing to accept a different car once the same service has been performed on it and the same warranty gets attached to it. At that point they'll do the math for the cost of the car, the cost of the additional AEM and oil cooler seal job that Merc is not going to pay them for, the purchase and transfer of the new car to you that they'll have to pay for, and chances are they'll decide that giving you a new engine is going to cost them less.

gooregi

May I know how you get the check? I thought all E350 are waiting for AEM to be approved.

jessejames4

Friday, March 4th: I talked to my MB dealer over in Greenwich, CT this morning and they feigned not knowing anything about an emissions recall om my 11' E350 BT, if you can believe it. They passed the buck and told me to call Mercedes HQ and gave me an 800 number. (800-367-6372.) I also called the dealer last year, around June, and got the same story.

Here's what I was told by MB HQ at the 800 number. I talked to Rep Sadik after 10 minutes of holding:

1. I wasn't in the 'dealer recall notification' for the ASM so he added me.

2. I would be notified by 1st quarter 2022 (I said we ARE at the end of the first quarter 2022) but the rep said to be pro-active and call back the 1st week of April if I didn't get notified.

3. I fortunately had turned on my BS meter before I started the conversation but my older model only goes to 10, not 100 like a lot of the newer ones. It was pointing to a three or four so who knows, I think the recall will get done when MB gets to it and won't be done on the government's timetable. For those folks who don't know, there may be a couple, the ASM has to be completed before you file the claim for the $$. I'm going to get my oil cooler seals done at the same time as I'm at 84k and leaking like a sieve so I hope the dealer can give me a good price on this as part of the emissions repair. Rep Sadik genuinely sounded frustrated and stressed during the conversation so there must be something to the 'were're waiting on parts' excuse..

Hope this update helps.

gkgeiger

It would help us if when you get your check you mention when you submitted your claim. I’m still waiting on my check for the car I still own that I submitted my claim on 4/1/21.

listerone

I think what you're mentioning applies only if you still own the vehicle in question.I don't.

listerone

IIRC I submitted mine just before the filing deadline...which was last July (can't recall the exact date).

GuestFromTampa

I submitted my claim on 05/16/2021 and also still waiting on the check.

kajtek1

Something had to chocke in the system.
I made 3 AEMs in short period of time March/April 2021 and got 1 check last December. Still no sign of other checks.
The check I've got was for full $35xx, meaning PO did not file the claim. Maybe that makes the difference, but I read on other forums the any question to law firm gets only generic response, with not much info.

SnowCub

Got my settlement check today for the full amount, actually a little more than what it says on the website I would get. I'm shocked. I'm the 3rd owner of this vehicle. I was sure one of the other 2 owners would have claimed something! I had the AEM done on my S class on December 21, 2021 and submitted my forms on their website that night. I am quite greatful. I still love my car and can't think of another one that I would want to replace it. I think this check will go toward the Solar Panels I had installed this weekend. Great timing.

Konan

Is it still possible to submit a claim. I have a 2007 Bluetec E320 that is nothing but a bunch of problems. It has both a CAT and a DPF.

kajtek1

2007 doesn't have DEF system.
Here is a list of involved models. https://www.epa.gov/enforcement/daim...vil-settlement

NewCents05

The fact the oil cooler seals are not included in this recall when its probably the biggest Achilles heal of the bluetec engines is beyond me. They should be responsible to replace them but it seems like they are arguing that its some wear and tear item like an accessory belt... complete bs.

kajtek1

Yeah, I would add new tires and brake pads as well.
Why should we pay for wearables at 100,000 miles?

NewCents05

not many engines require like 30 hours of labor every 50-100k miles. not sure what you're arguing for but its a poor design. unless you're arguing that its a good design, which in that case, i disagree.

kajtek1

Evidently you did not hear about Powerstroke -6 leaker.
I did oil cooler on mine twice in less than 20k miles I drove it.
Sure it was only 10 hr for that job, when my hobbyist neighbor did the job on Mercedes in 12 hr. That Mercedes had close to 200k miles at the time.

Etienne Lau

Why should they include this in the recall? Does it hurt/hamper their EPA issues(pollution)? It's completely not even related.

NewCents05

Sorry not recall but the extended modification warranty. Leaking oil does cause pollution i guess lol. regardless it covers things like timing chain, turbo charger, cylinder head assembly components like camshafts, valves, springs, etc etc. id argue that the well known oil cooler seal problem should be included in the AEM extended warranty vs warrantying valve spring keepers...

rich4368

My 2010 GL350 is on the last lag of the AEM settlements. Received the settlement letter around mid Jan this year immediately called the local Mercedes schedule for the fix. The SA said needed to order the 20 plus parts first before could bring it in. Have been checking on the status of parts for the last 2 months, was told all parts received except the EGR Valve. Parts department said there wasn't an ETA from Germany and non of the dealers in US has it. Has anyone encountered the same issue? This is a total bs since we were first told about the settlement way back and they didn't have all the parts ready even after 3 years. My GL is not drivable since my CEL is on due to clogged particulate filter (P2453, P2458, P2459) and can't pass the smog test in CA. It's been sitting there for over 3 years... Screw the MB and I have been enjoying my Tesla for the last 3 years.

Steven Gu

same here for my R350, EGR valve has not arrived yet.
I have used Lucas cleaner, my emmission cel code was gone after one treatment.

Diabolis

Driving your car causes pollution. So do you and I because we breathe, eat and poop.

The reason the cylinder head components are covered is because the coolant runs about 5 degrees hotter as a result of the AEM, and seeing as coolant flows through the cylinder heads, in the very unlikely event that the heads somehow warp down the line one could claim that the increased coolant temperature was at least in part responsible for the failure. The oil temperature on the other hand does not change as a result of the AEM, so the longevity of the oil cooler seals is not affected by the AEM and therefore they are not covered.

The AEM is a specific remedy for the purpose of reducing the NOx exhaust emissions to the claimed values by Mercedes under all operating conditions... nothing more. Just because you don't want to pay for fixing a part that happened to be a little less reliable than some other parts on your car, it doesn't mean that it should be covered by a completely unrelated recall.

Diabolis

Wait... your 12-year-old GL has been sitting somewhere for 3 years because of a clogged up DPF - which is available but you have chosen not to replace because you are too cheap to pay for the repair - and you are blaming Mercedes for this?

Enjoy your Tesla. It's a much better fit for you, at least image-wise.

JS Mills

CA Riverside dealer had car 4 days -- took 10 ()
replaced thermostat along w sll dpf & sensors & computer upgrade ??
Mileage up 4 mpg to 31 70 cruising (
torque increased
wierd but scan tool can now NOT see sensor readings in dpf system. Was able to see temps & % now zipp
filed claim as 2nd owner - waiting for $

kajtek1

Check ScanGauge (?) for updated x-gauges.
ECU reflash changed the settings.
Somebody on Sprinter forum found direct contact to CS for the lawsuit and she check few claims, saying the next route of checks will go in April. Can't wait.

Konan

I have a 2007 E320 Bluetec. $4500 of work done back in 6/2017 to decarbonize the top end(dealer paid). This car pretty much has had an engine light for the duration of my ownership. Now the DPF is clogged and I am told by MB that there is no replacement DPF available. Told to use a straight pipe solution. Problem with a straight pipe is what are the DPF sensors supposed to do minus a DPF. Straight pipe is illegal in Calif but ok in Washington state. I found a straight pipe with 2 tubes to reconnect remaining Bluetec plumbing. Have not found anyone who can reprogram the car to behave without the DPF sensor readings. Having difficulty finding a solution. MB dealership is no help at all. Shouldn't the 2007 E320 Bluetec be part of the MB lawsuit?

From the MB Bluetec lawsuit these are the only cars covered:
E250 BlueTEC 2014-2016
GL350 BlueTEC 2013-2016
GLE300d 2016 GLK250
BlueTEC 2013-2015
ML250 BlueTEC 2015
ML350 BlueTEC 2012-2014
Mercedes-Benz or Freightliner Sprinter (4-cyl) 2014-2016
Mercedes-Benz or Freightliner Sprinter (6-cyl) 2010-2016

My car is not covered.

Konan

It does have the tubes that lead into the DPF. There is no DEF tank. MB does not provide a replacement DPF once it is carbonized. I have a car that now is illegal in the state of California if I replace the DPF with a straight(with non-functioning DEF tubes) pipe and apparently there is no solution to fix this POS car.