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Mercedes-Benz safety class action overview:
- Who: A Florida man is suing Mercedes-Benz.
- Why: The plaintiff says a number of Mercedes-Benz vehicles have a dangerous subframe defect.
- Where: The Mercedes-Benz safety class action was filed in a Georgia federal court.
A range of Mercedes vehicles have a dangerous safety defect that can lead to a sudden and unexpected loss of control for drivers, a new class action lawsuit alleges.
Plaintiff Steven Averbach filed the class action lawsuit against Mercedes-Benz USA LLC and Mercedes-Benz Group AG (Mercedes) on March 17 in a Georgia federal court, alleging violations of state and federal consumer laws.
The lawsuit seeks to represent owners and lessees of Mercedes C-Class, model years 2010 to 2022; CLS-Class, model years 2010 to 2022; E-Class, model years 2010 to 2022; G-Class, model years 2010 to 2022; GLK-Class, model years 2010 to 2015; SL-Class, model years 2010 to 2022; and SLC/SLK-Class, model years 2010 to 2020.
According to the lawsuit, the vehicles contain defective subframes.
The defect can allegedly cause the rear subframes, attached components, and nearby parts to prematurely rust or corrode, which adversely affects the drivability of the cars, causes corrosion of other components on the underside of the vehicles, and can cause the rear subframes to fail while they are in motion, resulting in a sudden, unexpected loss of control for the driver, the lawsuit states.
“Because of this risk, Mercedes authorized dealers and independent mechanics often advise Class Vehicle owners with rear subframe corrosion not to drive their Class Vehicles, especially at high speeds,” the lawsuit states. “Many Class Vehicle owners are therefore left with vehicles that are too dangerous to drive, especially at typical highway speeds.”
Mercedes has not offered relief from the defect, lawsuit alleges
Averbach says he owns a 2010 Mercedes-Benz GLK 350. In August 2021, he says he nearly suffered a fatal accident while driving it.
He took his vehicle to a Firestone who allegedly informed him that his subframe was significantly corroded and would need to be replaced “soon,” he says, at a rate of about $1,700.
When he contacted Mercedes about the issue, he was denied remedy or assistance, he claims. Averbach says he is only one person of potentially hundreds of thousands affected by the issue.
He seeks to represent a nationwide class of drivers with the allegedly affected cars, plus a Florida subclass. He is suing for breach of warranty and breach of Florida consumer laws and seeks certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, a broad swath of Mercedes-Benz vehicles made between 2004 and 2022 have a defect that causes the batteries in the vehicles to drain “rapidly and unexpectedly,” another class action lawsuit alleges.
Are you affected by this alleged Mercedes defect? Let us know in the comments!
The plaintiff is represented by Ketan A. Patel of Corpus Law Patel LLC.
The Mercedes class action lawsuit is Steven Averbach, et al. v. Mercedes-Benz USA LLC, Case No. 1:23-cv-01156-SEG, in the U.S. District Court for the Northern District of Georgia.
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42 thoughts onMercedes-Benz class action claims rear subframes have dangerous safety defect
My 2011 E Class Cabriolet has a corroded subframe, when i took it to Mercedes they confirmed this
and although the girl on the phone said they would fund this when i arrived to pick up my car they said they are not funding it even though they had for some others, How can this be fair?.
I am having a rusted and perforated fuel line replaced on my 2014 Wagon, which I purchased used. I just read about the subframe corrosion issue and am fairly certain they’re related. I did not receive a letter from MBUSA (maybe since I’m the second owner of the car). But I’m going to have my independent mechanic look over the rear subframe in preparation for a potential replacement by a Mercedes dealer (not gambling on MBUSA reimbursing me for independent mechanic work).
How do ui join the class action lawsuit?
Need to get on this Class Action. C300 2010, Subframe busted on highway. Indy mechanic replaced with a “used sub-frame” for about $1,700. When Benz “extended” the warranty and said they will reimburse to whoever paid for it already, OF COURSE the dealerships said kick rocks.
I live in NH and I just noticed I am having the same rotten subframe issue on my 2013 C300. I bought this car because well, Mercedes a luxury auto company that prides itself in safety and performance, I guess I made a mistake. Is it possible to get on the class action lawsuit?
Mercedes Benz of Orange Park acknowledged the rusted out subframe on our Glk 350 4Matic was covered under warranty, but said other parts may break during replacement of the subframe and said I would have to be liable for up to 13,000 dollars in repairs before they would do the warranty repair. The car is still at the dealership and I will contact a lawyer before I do anything else. The warranty states that if the part breaks due to the service department it would be covered. It would not cover preexisting conditions. It is very clear and obvious to even the untrained eye that the subframe damage occurred long before the minimal rust on the other components. Bottom line is this, they can extend the warranty for a lifetime if they have no intentions of doing the repair properly in the first place.
I have an slk but it’s a 2005. Nonetheless I was sent a letter by MB to have it checked out for safety and sure enough it was terrible. They replaced the subframe only and said they damaged other parts in the process but the warranty didn’t cover other parts so my car doesn’t drive like it did before or should. I can’t believe this!