Mercedes-Benz Class-Action Lawsuit - Help Needed

[Mathgod]

For all you legal eagles out there! I need help with some technical legal information that I can't seem to find an answer to.

https://www.bluetecsettlement.ca/faq

The situation as follows: someone was the owner of a vehicle that pertains to this lawsuit, however, he passed away in May 2022. Would his wife be considered an "heir" of the vehicle, strictly speaking? In section H it mentions that "heirs" are excluded from eligibility. However, it does not seem reasonable that she cannot participate in the lawsuit, since they were a married couple at the time of the suit. Technically the vehicle was only under his name while he owned it, but she was for all intents and purposes a co-owner of the vehicle. There were no prenups nor any other barrier separating their financial assets during their marriage. They were completely integrated from a financial standpoint throughout their marriage.

Would really suck if a silly technicality like this excluded her from the suit...

[you&me]

Originally Posted by Mathgod

For all you legal eagles out there! I need help with some technical legal information that I can't seem to find an answer to.

https://www.bluetecsettlement.ca/faq

The situation as follows: someone was the owner of a vehicle that pertains to this lawsuit, however, he passed away in May 2022. Would his wife be considered an "heir" of the vehicle, strictly speaking? In section H it mentions that "heirs" are excluded from eligibility. However, it does not seem reasonable that she cannot participate in the lawsuit, since they were a married couple at the time of the suit. Technically the vehicle was only under his name while he owned it, but she was for all intents and purposes a co-owner of the vehicle. There were no prenups nor any other barrier separating their financial assets during their marriage. They were completely integrated from a financial standpoint throughout their marriage.

Would really suck if a silly technicality like this excluded her from the suit...

Section H states:

"The Settlement Agreement applies to all Settlement Class Members, except Excluded Persons. Excluded Persons are:

(a) The Defendants and their officers and directors;

(b) The authorized motor vehicles dealers of the Defendants and the officers and directors of those dealers;

(c) Persons who have opted out of the Action;

(d) Persons who have settled with, released, or otherwise had claims adjudicated on the merits against the Defendants arising from the same core allegations or circumstances as the BlueTEC Diesel Matter; and

(e) The heirs, successors, and assigns of the Persons described in (a), (b), (c), and (d)"

So unless the person you're trying to help is classified by one of those, she will not be disqualified.

On a side not - sweet! I had no idea, but owned 2 (I think) eligible vehiles - thanks for the heads-up!

[Mathgod]

Originally Posted by you&me

(e) The heirs, successors, and assigns of the Persons described in (a), (b), (c), and (d)" [/I]

So unless the person you're trying to help is classified by one of those, she will not be disqualified.

That's the entire question. Is she considered an "heir" in this case?

[the-rasta-masta]

I had the same thing, my Dad passed away in 2021 and the car was in his name. He had just redone the registration for 2 years, and it would have cost money to change the name on registration over to my mom, so we just left the registration in his name until it expires this upcoming September.

I submitted all the documents, both licenses including my Dads, and was worried it would complicate things, but haven't heard back about anything not being kosher at this point.

[110%]

Originally Posted by Mathgod

That's the entire question. Is she considered an "heir" in this case?

Only if her husband was an excluded person according to the post above. If her husband is NOT an excluded person, she qualifies.

It is only heirs of excluded persons that are excluded (which makes sense. Why would an heir to someone excluded be able to collect?).

[powderjunkie]

Originally Posted by Mathgod

That's the entire question. Is she considered an "heir" in this case?

Was her husband A B C or D?

[Mathgod]

Originally Posted by powderjunkie

Was her husband A B C or D?

Ah, I get it now. The way the page is set up it makes it hard to know what they meant by A B C D. Go to the page to see what I mean.

However, it still leaves the question of whether or not she would be considered to be a co-owner of the vehicle in 2021. On the one hand the vehicle was only under his name, but on the other hand they were a married couple.

[DoubleF]

Can it be an estate? The class action covers the time he was alive and an owner and not required to be as of right now, no?

File anyways. Worst they can say is no.

[FlamesAddiction]

I am not an expert on contracts or lawsuits, but it seems that it would be fair to allow her to continue in the lawsuit under these circumstances. I'm with DoubleF, file anyway.

[Mathgod]

Got a response from them:

If the owner or lessee is now deceased, you may file a claim on their behalf if you submit a copy of the death certificate and sufficient proof of your legal authority to represent the estate such as letters testamentary, a court document appointing you as the personal representative of the estate, or other similar legal documentation.

If a probate court issued an order distributing the estate, and the ownership interest of the Eligible Vehicle(s) was granted to you or another entity, the proper party to file the claim is the party to whom the vehicles were granted in the court’s order.

Looks like she's eligible!