POT LUCK: Drivers to get payment from $6 million emissions settlement – and certain vehicle owners will get multiple checks
According to THE SUN, Drivers of certain BMW models may be eligible for a share of a $6 million settlement due to allegations of environmental non-compliance.
The Lawsuit and Settlement Details
In 2018, a class action lawsuit was filed against BMW, accusing the company of failing to meet diesel emission standards for specific models. The lawsuit focused on the 2009-2013 BMW X5 xDrive35d and the 2009-2011 BMW 335d models. BMW was accused of installing defeat devices—hardware or software designed to cheat emissions tests—on these vehicles. These devices allowed the cars to pass emissions tests but failed to meet regulations during actual use, resulting in higher pollution levels.
The plaintiffs in the lawsuit argued that they would not have purchased these vehicles had they known about the excessive emissions. Although BMW has not admitted to any wrongdoing, the company has agreed to a substantial $6 million payout to resolve the claims.
Eligibility and Payment Distribution
Eligible drivers are those who owned or leased one of the affected BMW models before February 24, 2024. The amount each person receives will be proportional to the duration of their ownership or lease of the vehicle. Therefore, the longer a person owned or leased one of the affected models, the higher their potential payment.
There are no specific payment estimates yet, but it is possible that additional payments could be issued if there are remaining funds after the initial distribution.
To claim their share of the settlement, drivers must submit a claim with supporting documentation proving their ownership or lease of the vehicle. This documentation includes vehicle registration, a driver’s license or government ID, and proof of purchase or lease. If a driver leased one of the models and later purchased the same vehicle, they are also eligible for compensation.
Claim Deadlines:
- Online Claims Submission: November 20, 2024
- Paper Check Claims: December 18, 2024
The final hearing to approve the settlement is scheduled for September 24, 2024.
Historical Context of Defeat Devices
BMW is not the only car manufacturer to face scrutiny over defeat devices. Previously, another car dealership was fined $75,000 for selling vehicles equipped with such devices between 2017 and 2019. Defeat devices are a violation of the Clean Air Act, established in 1970 and enforced by the U.S. Environmental Protection Agency (EPA), which regulates air pollutants and requires emissions testing for all vehicles.
Additional Settlements
In addition to the BMW settlement, drivers might also be eligible for payments from other settlements. One such settlement involves a $6 million payout related to an engine defect in a popular pickup truck. Another $1 million settlement involves a dealership accused of charging customers for unnecessary fees.
