GM Duramax Owner HUB: FAQ

Frequently Asked Questions

MY SIGN-UP INFORMATION:

Did you receive my information?

If you received a confirmation email from your form submission, your information has been received and is in our database.
If you have logged in to our User Portal, your information has been received and is in our database.
If you have sent an email or message to our legal team, please be patient. Our attorneys have received hundreds of responses from Silverado and Sierra truck owners. They are working as fast as they can to respond to you.
If you have left a voice mail, these have all been forwarded to the firm's Silverado/Sierra Duramax legal team. They are responding to these calls.

Am I represented by Hagens Berman?

In a putative class action, like this emissions lawsuit against GM, at the outset, only the named class representative in the complaint is represented by the lawyers who file the lawsuit. Once the lawsuit is certified as a class action by the court, then class counsel is appointed and they represent all members of the certified class. If you are interested in becoming a class representative plaintiff, please let us know and we would be happy to talk you through what that special role in the lawsuit involves.

ABOUT THE CASE:

What happens now?

The emissions fraud lawsuit against GM moves forward. The next step will likely be the filing of an amended complaint that includes class representatives from all 50 states, Washington DC, and US territories. If many class actions are filed across the United States for GM’s fraud, as often happens in lawsuits like this, there will be a hearing during which a special panel of judges will decide on a single judge to oversee the initial stages of all the lawsuits that are filed.

Do I have to be a named plaintiff in a complaint?

No, the individuals named in class action complaints are class representatives. Each class representative serves as a proxy for all other Chevy Silverado Duramax Diesel 2500HD/3500HD or GMC Sierra Duramax Diesel 2500HD/3500HD owners who are similarly affected and situated. Selection to be a class representative is based on several factors, including the need for owners with particular trucks who live in particular states. Other criteria include whether owners appear to be typical of many others, whether there are financial complications and what factors were important to the owner when they purchased the truck.

Everyone who owns an affected Chevy Silverado or GMC Sierra in the class will automatically be a class member if the lawsuit is certified as a class action by the judge, and that owner does not affirmatively “opt-out” of the class lawsuit.

Should I still sign up with you? If so, how do I do so?

SILVERADO SIGN UP »

SIERRA SIGN UP »

Since we will ask the court to put us in a leadership role for the entire emissions fraud lawsuit against GM, our litigation strengths and contribution to the end result will benefit all class members, whether or not they have asked to be, or have been selected as a class representative. By signing up with us, you can keep up-to-date on what happens in the class-action lawsuit against GM for its emissions cheating.

What will I get out of this lawsuit against GM?

It is too early to know what the end result will be. Our firm will fight for the best possible outcome for Duramax diesel owners, which will include making the cars EPA compliant, and providing owners compensation for the reduction in the value of their Chevy Silverado or GMC Sierra. If GM is not willing to provide a fair settlement, then the lawsuit will proceed in litigation.

What is the lawsuit about?

This class-action lawsuit is brought on behalf of persons who purchased or leased a 2011-2016 Chevy Silverado 2500HD/3500HD or 2011-2016 GMC Sierra 2500HD/3500HD truck equipped with the Duramax diesel engine system or its equivalent.

What is the intended outcome?

Hagens Berman will seek to hold GM accountable for its fraud on consumers. We will fight tirelessly for recovery of the losses owners suffered and the harm GM caused to the environment.

What types of damages are you seeking in the class action?

In our class actions, we seek for each class member the damages they incurred as a result of GM’s use and concealment of the use of a defeat device in the affected Chevy Silverado or GMC Sierras. Such damages may include:

the premium paid over the price of an equivalent vehicle with a gasoline engine,
the purchase price of the vehicle,
the cost of unused extended warranties,
the cost of excess fuel associated with a decrease in efficiency,
the cost of future repairs,
the loss in value of affected Duramax trucks, and
the cost to remediate harm to the environment caused by the excess levels of pollutants released by affected vehicles.

How long will it take to resolve this?

Class-action lawsuits of this nature usually take between one and four years to resolve.

Will the lawsuit pursue damages for environmental destruction?

Hagens Berman will seek recovery from GM to ameliorate the harm caused by the excess pollution emitted by the affected Chevy Silverado and GMC Sierras.

How much money can I expect?

At this early stage of the litigation, it is difficult to predict what compensation each class member will ultimately receive. If a settlement is reached that the court rules is fair, reasonable and adequate, then the money obtained from that settlement must be distributed to class members in a manner that the court determines to be fair and equitable.

Strictly for purposes of example, in the Toyota Sudden Unintended Acceleration lawsuit, which Hagens Berman led, the suit settled for $1.6 billion, and qualifying class members received a check between $125 and $6,000, depending upon the characteristics of the vehicle owned. In the Volkswagen diesel emissions litigation, in which Hagens Berman also had a leadership role, vehicle owners received the bluebook value of their car on the date the fraud was discovered, plus restitution of at least $5,000. This class-action lawsuit could be larger or smaller than the Toyota or Volkswagen lawsuits, but Hagens Berman will fight for the largest possible recovery for class members.

How many other firms will be filing suit?

There will likely be many law firms filing suits throughout the country. Though Hagens Berman discovered the Duramax diesel fraud through its own testing facility, other lawyers will use the information and test results that we gathered to file their own lawsuits on behalf of other Chevy Silverado or GMC Sierra owners. These suits will all be consolidated for pre-trial purposes with a single court and that court will select a small group of lawyers and firms to organize and manage the litigation as lead counsel.

Hagens Berman was chosen as a member of the leadership group in the Volkswagen emissions case (settlement of more than $10 billion), lead counsel in the Toyota Sudden Unintended Acceleration case ($1.6 billion settlement), lead counsel in the Hyundai/Kia MPG case ($380 million settlement ), and Steve Berman is currently serving as lead counsel in the massive GM Ignition Switch Defect litigation. No other firm has Hagens Berman's proven track record in massive nationwide automotive cases.

What is the statute of limitations on a class-action lawsuit like this?

The statute of limitations can vary depending upon the state law applicable and the causes of action asserted. However, in this lawsuit, because GM concealed its fraudulent emissions-cheating behavior, any applicable statutes of limitations were tolled, meaning that they did not start until the fraud was discovered and publicized when this lawsuit was filed.

REPRESENTATION:

If I submitted my information to you on your website or by email, do you represent me in this lawsuit?

In a class-action lawsuit, when the suit is first filed, the lawyers who file it have a formal attorney-client relationship only with the class representative plaintiffs who are named in the complaint that is filed.

All of the other persons in the class (owners of affected Chevy Silverado or GMC Sierras) who have provided us information will be represented by us when the judge certifies the lawsuit as a class action, either through settlement or prior to trial. Until then, we will not have a formal attorney client relationship with you, but we will keep you posted about any material events in the lawsuit, and you may contact us to answer any questions you may have about the Duramax lawsuit.

FEE:

How much does it cost?: There is no cost or fee whatsoever involved in joining the Silverado/Chevy emissions lawsuit. In the event Hagens Berman or any other firm obtains a settlement or judgment that provides benefits to class members, the court will decide a reasonable fee to be awarded to the lawyers for class members. Any such fee may be paid separately from damages by GM, or it may be deducted from the class-wide settlement before funds are distributed to individual class members. In no lawsuit, however, will any class member ever be asked to pay any out-of-pocket sum to the class lawyers.

WHAT IF...

I leased my Chevy Silverado or GMC Sierra. Can I be a part of the lawsuit against GM?

Yes.

I sold my Chevy Silverado or GMC Sierra. Can I be a part of this emissions lawsuit?

Perhaps. It will depend on when you sold the truck. At this stage, it is still too early to determine the relevant dates of ownership.

I live outside of the US. Can I be a part of the GM emissions lawsuit?

Hagens Berman’s present lawsuit is on behalf of persons who purchased their trucks in the United States. If you bought your car in the United States and still own it, it does not matter where you live, you can still be part of the lawsuit. However, if you did not purchase your car in the United States, you may not be a part of the lawsuit.

I am in the military working overseas and have my Silverado or Sierra with me. Can I be a part of the lawsuit?

Yes, if you bought it in the United States.

I have a residence in the states, but I work overseas. Can I be a part of the GM emissions lawsuit?

Yes, if you bought your truck in the United States.

My local attorney recommended that I sue GM on my own for its emissions fraud. What are the benefits of being part of a class-action lawsuit?

There are many benefits to participating in the class action:

You do not have to pay any advance or hourly fees to your attorneys, and your attorneys will be among the finest and most respected plaintiffs’ lawyers in the country;
your attorneys will pay all fees and costs associated with prosecuting the lawsuit and will not be paid at all if they do not obtain a settlement or judgment that the court determines is fair, reasonable and adequate;
you will not have to provide discovery, be deposed, appear in court or otherwise participate in the lawsuit unless you ask to be a class representative and are chosen for that role;
your attorneys will have the collective bargaining power of hundreds of thousands of class members;
depending upon where you live, you may not have the right to sue your local dealer or GM because of an arbitration clause in your purchase or lease agreement;
if a settlement is obtained, you will have the right to review the proposed settlement and then decide whether or not to be included in it. If you decide not to participate, you will retain the right to sue (or continue to sue) on your own. For many claims, the statute of limitations will begin to run only after you exclude yourself from the settlement; the law in some states may differ.

We are experiencing health-related issues and think it might have something to do with the truck. Will this be a part of the lawsuit?

Health-related issues are matters individual to each person and therefore cannot be included in a class action. If you believe you have been injured as a result of GM's emissions fraud, you should explore filing your own lawsuits as personal injury and health claims will not be included in the class action.

If I am involved in the class action, can I still sue GM on my own?

If a class action is certified, and you do not opt out of the class or a proposed class settlement, then you will not be able to sue GM for the same claims that were resolved in the class action. However, if you choose not to accept a proposed settlement, or choose to opt-out of the class, then you will retain whatever rights to sue you had prior to the class action.

Can I be a part of the Chevy Silverado/GMC Sierra emissions lawsuit if I don't live in the U.S.?

At present, our lawsuits are only on behalf of owners in the United States, and only U.S. residents and citizens can be a part of our proposed classes. However, the lawsuits are still in the earliest stages, and they may expand through various other courts and mechanisms. If you send us your contact information, we will happily keep you up to date on all happenings and will reach out to you if the suits swell to include your country.

MY VEHICLE:

Should I continue making payments on my Silverado or Sierra truck?: Yes. The fact of the filing of the lawsuit against GM for emissions fraud does not terminate your separate financing agreements with your bank or GM's affiliated credit provider. If you stop making your payments, you may suffer adverse credit consequences and may lose your truck.
I fear a significant loss in resale value. What can I expect?: It is highly likely that the affected Chevy Silverado and GMC Sierra vehicles will suffer a significant loss in resale value.
I fear altered performance and driving characteristics of the truck or loss of fuel mileage (MPG) if they reprogram the ECU. What can I expect?: We expect that any ultimate “fix” of the emissions issue will cause a material loss in performance and efficiency for affected Chevy Silverado or GMC Sierras. If the emissions failures were easily fixable, GM would have had no need to install the defeat device and defraud the EPA for the last six years. If any "fix" or recall is performed on your car, you should record and take notes on your truck's performance both before and after such "fix" or recall. We will fight to obtain compensation to class members for change in car performance and efficiency up to a complete buy-back if warranted.
My Silverado/Sierra won’t pass inspection. What should I do?: Talk to your dealer and/or GM and keep us informed about what they say. When we learn anything from GM or regulators, we will provide that information to you through our email newsletters and on our dedicated Silverado and Sierra emissions lawsuit pages.
I own a Duramax truck not listed in the lawsuit. Why isn't my car listed?: The fraud discovered by Hagens Berman covers the Duramax diesel engine systems used in the Chevy Silverado 2500HD/3500HD and GMC Sierra 2500HD/3500HD from 2011-2016. If you own a truck that has this engine system but is not listed in the lawsuits, please contact our legal team.
I want to return my Silverado or Sierra. What do I do?: There is no reason why you cannot talk to your dealer and GM and try to obtain a return or buyback of your truck. If you do accept such an offer, please document carefully the transaction, including any discounts from your full purchase price. Any losses may be recoverable through the lawsuits.
If there is a recall, will I be forced to take my Silverado or Sierra in?: There is no forced recall mechanism that GM can employ. However, if your state has mandatory emissions testing, you may not be able to pass the test until a recall or repair has been performed. Furthermore, even in states that do not have emissions testing, you may not be able to renew your Silverado or Sierra's tags until you provide proof that your vehicle has been recalled or repaired to comply with emissions standards. As noted above, if GM employs a recall or repair that degrades the performance or efficiency of affected vehicles, our lawsuits will seek all possible compensation, including up to buy-back.

ABOUT THE PROCESS:

There are multiple lawsuits filed against GM. Why?

Anyone can file a lawsuit. There are many owners who want to sue GM, and many lawyers who want to be part of the emissions fraud lawsuits against GM. Even though Hagens Berman acquired the testing facilities necessary to discover the fraud and filed its lawsuit based on that proprietary information, other lawyers can and will file suit using the information from our lawsuit against GM. All of the class-action lawsuits, however, will be consolidated to a single court for pretrial purposes, and that court will choose a select few firms to manage the litigation.

Do all of the emissions lawsuits get merged together?

Yes. See above.

Since I signed up via the form, am I assured to be a part of the lawsuit?

If you owned one of the affected Chevy Silverado or GMC Sierra vehicles, and a class of such owners is certified by the court than you will be part of the lawsuit unless you choose to opt-out of the GM lawsuit or any proposed settlement. We will keep all class members who register with us updated on all significant events in the lawsuit.

Why is getting lead counsel a benefit to the plaintiff?

If you are a class representative plaintiff and your counsel is selected to be lead counsel, you will participate directly in the emissions lawsuit against GM, and you will be consulted on major events in the litigation. If you are a class member and have provided your information to us, then we will provide you with updates on the GM emissions lawsuit and keep you apprised of all relevant information that becomes available from the suit, from regulators and from GM.

How does a class-action lawsuit work?

In a class-action lawsuit, the plaintiffs ask the judge to certify a class which allows a decision on the merits of the lawsuit to be decided after presenting the facts related to a representative plaintiff’s experience. This way, the rights of hundreds, or in this case over 700,000 people can be efficiently decided without each person having to present their individual case to the court. If liability is found or if the case is settled, a judgment or settlement amount is obtained to pay for everyone’s damages. That settlement or judgment fund is then distributed to all class members based on a formula determined by the court to be fair and reasonable.

I've already joined a class action. Is it OK to join more than one suit?

“Joining” a class action is a bit of a misnomer. In fact, everyone who owns an affected Chevy Silverado or GMC Sierra will automatically be a class member if any lawsuit, or a consolidated emissions lawsuit, is certified as a class action by the judge, and that owner does not affirmatively “opt-out” of the class lawsuit. Because a decision on whether to certify a class in this case will not occur for many months, as it stands, all owners of affected vehicles are potential class members, and you can provide your information to any of the law firms that have filed or will file lawsuits against GM.

The exception is if you have been named as a class representative plaintiff in a GM Duramax diesel lawsuit—that is, your name is on the lawsuit as a plaintiff—then you would not be able to be a named class representative in another lawsuit alleging the same bad acts by GM. If you are not the named class representative plaintiff in a lawsuit, you are not yet a part of that lawsuit, and your options are not at all limited.

ABOUT HAGENS BERMAN:

Why should I sign up with Hagens Berman?: Hagens Berman has the most experience and the most successful track record in the country bringing big settlements for consumers against major automakers—bar none. Hagens Berman was chosen as one of the lead firms in the extraordinary Volkswagen Diesel emissions litigation and helped secure a settlement valued in excess of $10 billion. Volkswagen Diesel emissions litigation and helped secure a settlement valued in excess of $10 billion. Hagens Berman secured the second largest settlement ever against an automaker – $1.6 billion for vehicle owners against Toyota. We have achieved a $255 million settlement against Hyundai/Kia for overstated MPG in its vehicles. Currently we serve as lead counsel in litigation against GM for the ignition switch defect. This is our firm's specialty, and we do it better than any other firm in the nation.
If I sign up with Hagens Berman what can I expect?: You can expect that our firm will fight vigorously for your rights as a consumer, and right the wrong that GM has committed in concealing the emissions of its Chevy Silverado and GMC Sierra trucks. Our firm has secured major victories for consumers in numerous cases and will hold GM responsible for this tremendous loss to vehicle owners after years of deception.

CONTACT:

How do I ask questions about the case?: Use the hashtag #askberman on Twitter, and please be patient, as our legal team has received many inquiries through email and social media. If you feel there is something very important, you may email our legal team.
What’s the quickest way to get a response from the legal team?: If you feel there is something very important you may email our legal team directly using [email protected].

WHAT TO EXPECT:

What are next steps?: There will be a hearing likely this fall to decide where the emissions lawsuits against GM will be consolidated and what judge will preside over the litigation. The assigned judge will decide which firms will be in charge of the litigation. Soon after that, a consolidated complaint will be filed and the litigation will begin with motions practice and discovery. There will likely be no major developments from the class member perspective for at least 4 to 6 months.
What else can I do?: As long as you have provided us your information, we will let you know if anything else needs to be done. If you decide to service, recall or repair your truck, please keep accurate records of any such transactions.
Should I contact my local government?: You may choose to do so. Please let us know if you are able to obtain important information or a resolution of your concerns from such contact.