MB bluetec lawsuit in USA
01-17-2023, 10:51 AM
#1202
Senior Member
Join Date: Apr 2012
Posts: 354
Likes: 0
Received 64 Likes
on
52 Posts
2012 ML350 Bluetec, 2015 GL350 Bluetec
The AEM installation for both vehicles were done in April and May of 2021 and claims were submitted shortly after the AEM installation. One check was received somewhere around 2021Q4-2022Q1. The other check was received around Q2-Q3 of 2022 due to the little hiccup that I had to submit the additional documents.
The following users liked this post:
Tdott (01-17-2023)
01-21-2023, 04:35 AM
#1203
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.
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.
01-21-2023, 09:31 AM
#1204
Total Clusterf@ck
Dropped mine off on Monday but the dealership is busy and hasn't looked at it yet. SA said it it might take a while and has no ETA.
I really hope that it can be done by the 31st so I can submit the application for the incentive by the deadline. Anything I can do to ensure I get the incentive?
I really hope that it can be done by the 31st so I can submit the application for the incentive by the deadline. Anything I can do to ensure I get the incentive?
My ML was at the stealership fit a total of nine weeks. They handed it back to me twice with significant performance problems. The second time the CEL was on snd they claimed it needed me fuel rails for $3800. I said I said do that myself. I reset the CEL and it never popped up again. Three weeks later it had no power and was throwing 7 different codes. I took three car back and they claimed I had not tightened all of the bolts during the fuel rail replacement. I told to take a really close look at the fuel rails because they were original. They came back and admitted THEY had not tightened all the bolts during the AEM and that some had worked loose and punctured the plastic crossover pipe.
Due to the series of F-ups I didn't get my claim in until the last day of the October deadline. Just got the check last week.
At 80,200 miles the rest of the car is falling apart. Transmission cooler linesPower steering pump and linesPower steering rack and pinion
right front hubTailgate latchR rear door motorEntertainment system
ignition lock
Mercedes runs on a reputation of durability and longevity that died years ago. I've owned three MB over the years, each with decreasing quality. This Alabama-made POS is the last one is the last one ever. This thing is mechanical junk at 80,000 miles. When I was a poor university student, I had a damn Ford Pinto station wagon that have me 230,000 trouble-free miles.
The following 2 users liked this post by Bretzel:
Benzman444 (01-21-2023),
blackends (01-31-2023)
01-22-2023, 08:57 AM
#1205
After a year of calling every 4-6 weeks and being told parts were on backorder, and leaving my number, I called last week and was told parts were plentiful including the EGR valve. OK I guess expecting a MB SA to call a customer is not how the world works these days. Have other people noted a surge in AEM repairs recently? Thx.
The following users liked this post:
Bretzel (01-22-2023)
01-31-2023, 10:13 PM
#1207
MBWorld Fanatic!
Join Date: Jan 2009
Location: V E G A S
Posts: 9,094
Received 1,736 Likes
on
1,384 Posts
1922 Ford Model T / no OBD
01-31-2023, 10:31 PM
#1208
Newbie
Florida, The third country that shares a border with the lower forty-eight. Less-American like Canada is. Evil sheep-like creatures that won't let the US rest
Mercedes Benz, are they the Best? or nothing? We shall see in 2023. I only want my Sprinter to round trip my *** home, not $1000. tow bills.
Mercedes Benz, are they the Best? or nothing? We shall see in 2023. I only want my Sprinter to round trip my *** home, not $1000. tow bills.
The following users liked this post:
Benzman444 (02-04-2023)
02-04-2023, 06:32 PM
#1210
MBWorld Fanatic!
Join Date: Jan 2013
Location: Toronto, Canada
Posts: 3,718
Received 793 Likes
on
545 Posts
W204 C63 Coupe, W166 ML350 BlueTEC, 928GT, C5 Z06 & IS300 race cars, EQE 4Matic+ on order
Florida, The third country that shares a border with the lower forty-eight. Less-American like Canada is. Evil sheep-like creatures that won't let the US rest
Mercedes Benz, are they the Best? or nothing? We shall see in 2023. I only want my Sprinter to round trip my *** home, not $1000. tow bills.
Mercedes Benz, are they the Best? or nothing? We shall see in 2023. I only want my Sprinter to round trip my *** home, not $1000. tow bills.
02-05-2023, 12:25 PM
#1213
MBWorld Fanatic!
Join Date: Jan 2009
Location: V E G A S
Posts: 9,094
Received 1,736 Likes
on
1,384 Posts
1922 Ford Model T / no OBD
Save your ink Diabolis,
Trolls will be trolls.
Trolls will be trolls.
The following users liked this post:
Diabolis (02-05-2023)
02-06-2023, 05:25 PM
#1214
Newbie
Join Date: Feb 2023
Posts: 2
Likes: 0
Received 0 Likes
on
0 Posts
2011 E350 Bluetec, 1967 200D
My OM642 is at the dealer getting the AEM right now. They are offering that while they are in there, they will replace the oil cooler and seals for $1300. My independent mechanic quoted $3500 for the cooler/seal job. Dealer says that there is currently no oil leaking. Its a 2011 E350 with 62,000 miles on that I drive only 1500 miles/yr. Should I take the deal?
02-06-2023, 06:05 PM
#1215
Senior Member
My OM642 is at the dealer getting the AEM right now. They are offering that while they are in there, they will replace the oil cooler and seals for $1300. My independent mechanic quoted $3500 for the cooler/seal job. Dealer says that there is currently no oil leaking. Its a 2011 E350 with 62,000 miles on that I drive only 1500 miles/yr. Should I take the deal?
02-06-2023, 07:39 PM
#1216
MBWorld Fanatic!
Join Date: Jan 2013
Location: Toronto, Canada
Posts: 3,718
Received 793 Likes
on
545 Posts
W204 C63 Coupe, W166 ML350 BlueTEC, 928GT, C5 Z06 & IS300 race cars, EQE 4Matic+ on order
My OM642 is at the dealer getting the AEM right now. They are offering that while they are in there, they will replace the oil cooler and seals for $1300. My independent mechanic quoted $3500 for the cooler/seal job. Dealer says that there is currently no oil leaking. Its a 2011 E350 with 62,000 miles on that I drive only 1500 miles/yr. Should I take the deal?
02-06-2023, 08:21 PM
#1217
Agree -- it's a lot of gasket replacement and a cleaner driveway.
02-06-2023, 08:24 PM
#1218
Also: Drive your car moar.
02-06-2023, 09:07 PM
#1219
Newbie
Join Date: Feb 2023
Posts: 2
Likes: 0
Received 0 Likes
on
0 Posts
2011 E350 Bluetec, 1967 200D
Thanks all for the replies.
What I hear you saying is that it is inevitable that it starts leaking.
I love MB diesels, but spending $1300 bucks to fix something that isn't broken is frustrating, but I am keeping this car for the long run so I see the sense in having it done.
If MB follows through on the $2000 AEM compensation, I guess I can consider them paying for their oil cooler design fault.
And yes, I'd drive it more if I thought I could afford the maintenance. I keep a Honda for the daily driver. Benzes only come out on sunny Sundays.
What I hear you saying is that it is inevitable that it starts leaking.
I love MB diesels, but spending $1300 bucks to fix something that isn't broken is frustrating, but I am keeping this car for the long run so I see the sense in having it done.
If MB follows through on the $2000 AEM compensation, I guess I can consider them paying for their oil cooler design fault.
And yes, I'd drive it more if I thought I could afford the maintenance. I keep a Honda for the daily driver. Benzes only come out on sunny Sundays.
02-06-2023, 11:40 PM
#1220
MBWorld Fanatic!
Join Date: Jan 2009
Location: V E G A S
Posts: 9,094
Received 1,736 Likes
on
1,384 Posts
1922 Ford Model T / no OBD
I am from the "if it ain't broken- don't fix it".
I would go for seals replacement when I'd be already there, but I read too many horror stories how mechanics can butcher even simple job.
The best one was reported just weeks ago, when Sprinter owner agreed to seal job during AEM and his engine seized 3 miles after living dealership.
Evidently the mechanic did not clean the valley before pulling out the cooler and let the dirt enter oil passages.
It is tough choice.
I would go for seals replacement when I'd be already there, but I read too many horror stories how mechanics can butcher even simple job.
The best one was reported just weeks ago, when Sprinter owner agreed to seal job during AEM and his engine seized 3 miles after living dealership.
Evidently the mechanic did not clean the valley before pulling out the cooler and let the dirt enter oil passages.
It is tough choice.
Last edited by kajtek1; 02-07-2023 at 01:06 AM.
02-07-2023, 12:33 AM
#1221
Anybody received 1099misc as well?
I just received 1099misc from attorney office( not the one most of you guys have). It list the settlement as "other income". Which means need to pay tax!!!
Anybody else have similar experience?
Anybody else have similar experience?
Last edited by Steven Gu; 02-07-2023 at 12:17 PM.
02-07-2023, 01:05 AM
#1222
MBWorld Fanatic!
Join Date: Jan 2009
Location: V E G A S
Posts: 9,094
Received 1,736 Likes
on
1,384 Posts
1922 Ford Model T / no OBD
Last I heard the settlement should not be taxable, but checking with tax adviser would be recommended.
02-07-2023, 12:20 PM
#1223
02-10-2023, 09:19 AM
#1224
Junior Member
Join Date: Apr 2013
Location: Silicon Valley, CA
Posts: 56
Received 0 Likes
on
0 Posts
ML 350 Bluetec
Vehicle Performance after AEM completed?
I'm considering whether or not to have the AEM repairs/modication/Extended Modification Warranty work performed on my 2013 ML350 Bluetec, but I would really like to understand if the engines performance or the vehicles drivability is at all negatively effected by the AEM modification.
I have always really enjoyed the performance of the 350 Bluetec, and would hate to have the AEM done and then see a decrease in performance or any impacts to drivability.
Generically - I am concerned that - If this modification had allowed MB to meet their emissions requirements originally - while maintaining performance - they would have just done it originally, rather than risk fines/negative attention. With that thought in mind, I just have a feeling that there should be some negative impact from having the medications done to now make the vehicle emissions compliant.
It's just a feeling/based on some simple assumptions, but would really like to hear from those who have actually had it done.
What has the experience been of those of you who have had the AEM done?
Please let me know.
Thank you!
I have always really enjoyed the performance of the 350 Bluetec, and would hate to have the AEM done and then see a decrease in performance or any impacts to drivability.
Generically - I am concerned that - If this modification had allowed MB to meet their emissions requirements originally - while maintaining performance - they would have just done it originally, rather than risk fines/negative attention. With that thought in mind, I just have a feeling that there should be some negative impact from having the medications done to now make the vehicle emissions compliant.
It's just a feeling/based on some simple assumptions, but would really like to hear from those who have actually had it done.
What has the experience been of those of you who have had the AEM done?
Please let me know.
Thank you!
Last edited by 340z; 02-10-2023 at 09:43 AM.
02-10-2023, 09:22 AM
#1225
The only way it would decrease performance is if you have a tune and removed the dpf or other modifications, when they put it back to stock you'll loose all of that and they may not even do it if there is no dpf on it.
