- A group of 18 plaintiffs sued BMW over emissions defeat devices in diesel-equipped models.
- BMW has denied allegations select models used a Bosch device to cheat emissions testing.
- Owners who want to share in the settlement need to submit a claim by December 18, 2024.
It seems BMW has joined the not-so-exclusive club of automakers paying for their environmental sins, with a $6 million settlement set to compensate select owners of the 2009-2013 X5 xDrive35d and 2009-2011 335d models. The lawsuit? A years-long battle over claims that these “clean diesel” models were anything but clean, featuring emissions defeat devices allegedly designed to cheat real-world pollution tests.
Plaintiffs argue that while these cars sailed through official emissions testing, thanks to these devices courtesy of Bosch, they spewed illegal levels of pollutants in everyday driving. This isn’t the first time the auto industry has danced this waltz, and BMW is, predictably, denying all wrongdoing.
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Yet, rather than continue the legal tango, the German automaker has decided to settle, sparing itself the cost, time, and PR mess of prolonged courtroom drama. Cue the creation of a $6 million settlement fund.
The Lawyers Win, Again
As we’ve seen in previous cases like this, the lawyers involved in the original lawsuit will benefit more than the impacted owners. Nearly half, to be exact. Out of the $6 million, $1,998,000 will go to attorney fees, and another $1 million will cover their expenses.
The remaining crumbs? Well, the 18 original plaintiffs will take home $5,000 each, amounting to a mere $90,000 collectively for those directly involved in the case. Throw in the settlement administration costs, taxes, and other miscellaneous fees, and it becomes painfully clear that only a fraction of this fund will trickle down to affected owners.
And the rest of the money? It will be distributed among owners of impacted BMW X5 and 3-Series models who purchased or leased their vehicle on or before February 28, 2024. These owners and lessees must submit a claim with supporting documentation by December 18, 2024, and can do so online here or via standard mail.
Payments will be made in 2025, but the amount received by each customer will vary depending on how many owners submit claims. Additionally, cash awards will vary depending on a class member’s length of ownership and/or lease.
For perspective, approximately 127,000 X5 xDrive35d and 335d models were sold with the allegedly illegal Bosch defeat device. That’s a substantial fleet of polluters flying under the radar for years.
