Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A consumer says that he and other Mercedes-Benz “Partial Zero Emissions Vehicles” (PZEV) are being forced to pay for repairs that should be covered by the automaker under California warranty law.
Lead plaintiff, Joey Schimmel says he and other California Mercedes-Benz owners are getting the short end of the stick in a class action lawsuit filed in federal court Friday. Schimmel alleges that the automaker is claiming credit under California’s emissions warranty law, but failing to pay for parts and labor under the state-mandated warranty, sticking consumers with the bill.
The class action lawsuit explains that, since 2009, California has offered credits to automakers selling “Zero Emissions Vehicles” (ZEV) and PZEV vehicles in the state. In exchange, the automakers are supposed to offer owners an extended emissions warranty that covers PZEV vehicles to 15-years or 150,000 miles.
Schimmel says he owns a used 2010 Mercedes E350 that qualifies as a PZEV under California regulations. He says he purchased the car in 2017 from a dealership in Ventura Country.
Schimmel says that it was his understanding his Mercedes-Benz still had a remaining warranty under California emissions law; however, when his vehicle needed repairs for a leak in the emissions control system, he was told the nearly $1,500 bill would not be covered by the warranty. He says he refused the repair, but was charged nearly $80 for the diagnosis.
Later, Schimmel says that he brought his Mercedes-Benz in because of a check engine light and was charged $195 to diagnose the problem.
The plaintiff claims that he contacted the automaker about warranty coverage for the fees he paid and to get the repairs covered, but Mercedes-Benz denies that its warranty covers the needed repairs to Schimmel’s PZEV vehicle.
The class action lawsuit accuses Mercedes-Benz of attempting to “limit its warranty exposure” by refusing to cover parts and labor as required under California emissions laws.
“By narrowly self-defining the parts that are required to be covered under the California Emissions Warranty, [Mercedes-Benz] is able to reduce the amount of money that [it] spends on warranty-related repairs, knowing that most if not all dealerships or consumers will not investigate or understand what components should actually and correctly be covered under the California Emissions Warranty as required by the California Code of Regulations.”
Schimmel wants to represent other Californians who own model year 2009 through 2019 Mercedes-Benz PZEV vehicles. The plaintiff wants the automaker to reimburse Class Members for the out-of-pocket costs they paid for repairs and replacements to their PZEV vehicles that should have been covered by California’s emissions warranty.
Do you own a Mercedes-Benz PZEV? Have you been forced to pay for repairs that should be covered by the emissions warranty? Tell us about your experience in the comment section below.
The lead plaintiff is represented by Robert L. Starr of The Law Office of Robert L. Starr.
The Mercedes-Benz Warranty Class Action Lawsuit is Schimmel v. Mercedes Benz, USA, Case No. 2:21-cv-04973 in the U.S. District Court for the Central District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
4 thoughts onMercedes-Benz Lies About Low Emission Vehicle Warranty, Says Class Action Lawsuit
How do I get a claim form for the Mercedes Benz class action law suit regarding misinformation regarding emissions? We bought our motorhome in April 2023 from a private party.
I have a 2013 Mercedes S400 Hybrid with 58,989 original miles, that is a PZEV. The vehicle has a salvage title for body damage that was repaired and looks like showroom condition inside and out. There was no mechanical damage or frame damage. I bought this car in August of 2022. I have had four other Mercedes cars all E class models and 3 of them were all PZEV. I have spent a lot of time doing my homework on PZEV and I have had to go back and forth with Mercedes twice since 2017. The last time was in 2020 when I took my car to the Mercedes Dealer in Oxnard and they wanted to charge me for replacing an ignition coil and I told them it was covered under the PZEV warranty. I was told that it was not and I told them it was and to look at the sections in the owners manual that shows a list of parts covered. The service manager was surprised and he never knew this. Imagine how many customers paid for the same repair that should have been covered by the warranty? Anyway, before I purchased this Hybrid, I called Mercedes Benz USA and spoke to a rep and asked him if the PZEV warranty was still good on a car if it had a salvage title. He told me as long as it was repaired and passed inspection and was deemed road worthy, then yes its still covered under the PZEV warranty, however, all other factory warranties are voided. Two weeks ago, I had to have the Hybrid towed to the Mercedes Dearlership in Valencia, because It would not start and completely dead. The car needs a new battery pack module for the Hybrid system, which costs $11,000.00 but is coverend under the PZEV warranty. I told them that this was covered and I was told it was not because of the salvage title. I called Mercedes Benz USA again yesterday morning and I spoke to one person and asked her the same question I had asked prior to purchasing the car in August. She asked if she could put me on hold while she looked into this. After a few minutes she came back and told me that the car is still covered under the PZEV warranty but it is at the Dealer’s discretion. I asked her where she got that information from and she told me from her Team Lead. I called the dealer again and told the service person who has been my contact and told him what I was told and gave him the names of both the person I spoke with and her team lead. He said he would talk to his technician and get back to me. A couple of hours later he called me and told me the repair was not something they wanted to do and I asked why not, he said it was too costly. Then he also told me that when they enter my cars information in their system, it comes up saying all warranties are void. I told him of course it does but that does not include the PZEV warranty. Anyway it was like talking to a wall. He was adamant that they were correct, which I can understand, its easier to believe a technician than a customer. So now at this point I am frustrated and annoyed. I have read every bit of information concerning the PZEV warranty for Mercedes Benz and there a several reasons as to why a PZEV claim can be denied, and the warranty being voided but, there is absolutely nothing about being void due to a salvage title.
Wow…can I use this letter. But mines was only leaking from the driver’s side when I fill up. Along with the hairline crack in the top of the pump. I have learned so much in three days about the Benz. My pump is not working now. What’s next.
2011 MB C300 with 82,000 miles, my wife’s daily ride to work. No major issues – 2 (two) times air pump replaced, one battery, brakes, tires, and the front seat cover. Nice car otherwise… until last Sunday.
Last few months months after filling the tank we smelled gas in the car first, after fill up, but I thought it was gas on our shoes, or from the air at the pump. Last month we smelled gas in the garage as well. I noticed a paddle under the car, which I assumed came for the air conditioner. I thought that maybe the smell came from the charcoal canister because the check engine light came on at the same time.
I checked the gas cap, and erased the code. About 100 miles afterwards the check engine light came back, I still believed it was from the charcoal canister and kept the car outside, in the heat, to dry the canister.
For the next three weeks I did not top the tank, just replenished what was used, and filled up to about 3/4 tank. The smell disappeared, my wife no longer complained, but the check engine light came back again.
Always the same code P046 “Small leak detected in the Evaporative Emissions (EVAP)”.
Sunday, Aug 22nd, 2021 I filled the tank until the pump stopped. As I left the gas station the gas odor became intensively sharp immediately. The car was leaking gas inside and fumes were insupportable, I drove back with all windows open, in the rain. Once parked in my driveway I noticed an oily paddle forming quickly under the right rear wheel, smelling like gas. It was gas. Rain stopped, and later on that evening I took out the rear seat, and the pump covers on both sides, and both plastic covers had hairline fissures and were leaking gas inside the car.
The right side was leaking seriously, and the gas was going out of the car. I removed the right (driver side) pump and syphoned the gas out until the level was under the tank’s hole edge, to stop the leak. I was afraid it may catch fire, or someone passing by may throw a cigarette at it and burn my other cars, and my house. I hosed the driveway several times, with dishwasher soap.
In the process of left pump removal two bolts snapped from the retaining ring, and the third one is a bit loose, perhaps useless as well. Monday morning (Aug 23rd) I went to Hendrick’s MB in Durham NC to ask for solution.
Service person told me that the recall MCIN 2013020002 does not apply to my VIN.
I went home and called Mercedes and was told the same. Later on I drove to Leith MB of Raleigh and heard the same story.
Therefore, while this car has the same defect as the other 5700 and some, exactly of the same year and model as mine – and mine is worse because both sides are leaking gas in the car – I am being discriminated by MB based on VIN.
I called NHTSA and filled a report, sent pictures, called and talked to a person… and nothing happened.
Parts alone were estimated to about $1300, and labor another $1300 to $1500. If tank needs to be replaced then another $2,000. Practically, for two plastic parts worth each perhaps $10 (not dealers price) I would have to pay close to $5,000. Ridiculous !!! That is half of this car value.
I called MB 1-800-367-6372 and was told to take my car to the dealer, and they may, or not, pay for some, all of it, or nothing at all. The person told me that after the estimate they will decide. Not before.
She also said that MB will tow my car for free – but only if they fix it – if not, then I will pay about $150-200 for towing, and another $200 for the inspection. Therefore, I will spend $350- 400 just to see the service when I know what is wrong, and so do they. I gave them pics and video… but not enough to replace the broken plastic, because MB will not pay the service, and the supervisor told me that he knows this is frequent issue, but he cannot “eat the cost” through his dealership. I purchased the car there at Leith as CPO, many years back.
I find this ludicrous. Gas tank pump cover is not a wearable part, it should have a lifetime warranty.
MB extend the warranty on fuel pumps leaks on many of their models, and including this very model and year of C300, but not on my car.
The car is now a fire, health, and emissions hazard. I keep it out of the garage.
Junk yard is an option for parts, because I will never pay $5,000 to fix MB mistakes and irresponsible behavior, but then I can no longer have any brand loyalty, and will no longer parade their car, clean, polished, and shiny, the way I did until now.
No one I know is loyal to junk (if I will be “forced” to buy those parts from a junkyard…) or to companies that endanger the lives of their customers, refuse to acknowledge their mistakes, and do not act responsibly.
Of course I will sell it with these junk parts and never buy another MB ever again… and I had a few of those until now.
BTW, the washer fluid reservoir is cracked too, and it has been leaking for a long time, and I see many people complaining of the same as well. I add my voice here to theirs.