It is alleged that car manufacturers installed devices into diesel vehicles that resulted in lower readings for nitrous oxide emissions. This led motorists to believe their car’s pollution level was lower than it actually was between 2007 and 2020. Some motorists are getting representation in order to take legal action against them.
At first, manufacturers denied the claims, but there is proof that emissions readings were lower than they should have been. Volkswagen acknowledged in 2015 that it had installed “defeat devices” on its cars that lowered their nitrogen oxide emissions readings, accusing consumers of being misled. A total of £193 million was paid out to VW claimants, an average of around £2,000 per claimant. Legal claims are now being filed against other manufacturers as well.
If you own a diesel car and believe you were affected, you might consider filing a claim. We go through what you should know before getting started.
Which vehicles can you claim for?
Legal firms report that Diesel customers of Audi, BMW, Chrysler, Citroen, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Mercedes, Mini, Nissan, Peugeot, Porsche, Renault, Seat, Skoda, Suzuki, Vauxhall, Volkswagen and Volvo have been affected.
Volkswagen is the only company to have already paid out in England and Wales. They paid £192 million to settle 91,000 claims. Audi brands include Seat and Skoda as well as Audi. But if you haven’t claimed for these brands yet, watch this space, you might still be able to claim for these brands.
Who is eligible to make a diesel emissions claim?
A group litigation claim is open to diesel car and van owners in England and Wales whose vehicles were registered between 2007 and 2020. Law firms will generally accept a claim if your vehicle was bought new or second hand, leased or if you had a company car and the contract was under your name.
You don’t need to still own the vehicle, but the dates when you owned the vehicle will affect your eligibility. You can use an online checker to see if you are eligible for a diesel claim.
Claims are on the basis that you have suffered financial loss as a result of the manufacturer’s misrepresentation of its vehicles’ diesel emissions. This may include:
- If you paid more for the vehicle than you otherwise would have
- You wouldn’t have bought the vehicle if you had known about the emissions flaws
- You sold it on but arguably got less for it than you would have had it not been affected
It may also be the case that you paid more because you believed you were buying an environmentally friendly vehicle. Maybe later it had to be fixed to comply with emissions standards which led to poorer performance or a lower resale value.
As payment for their services, law firms take a percentage of every compensation they receive. They generally charge between 30-50%. Unfortunately, you can’t avoid this, as you have to sign up through a law firm to join.
Additionally, no matter where you live, you can only file a claim in the country where you bought or leased the vehicle. Rules are different depending on whether you live in Scotland, Northern Ireland or England & Wales. Vehicles bought outside of the UK would have to be claimed through separate lawsuits in the country they were bought in.
How to make a diesel emissions claim
Joining the group litigation is the only viable option, as independent litigation would be very costly and you would spend more than you would receive on the claim.
Several firms have websites where you can submit details of your vehicle to find out if you qualify for a diesel claim. There are time limits for how long you can take to submit your claim This is generally 6 years since the potential for a claim was made public.
Claims can take years to process so you have to be patient. However, as long as the claim is no win no fee, there is no risk.
How much could you get from a diesel claim?
VW’s pay-out was over £2,100 on average, but this isn’t guaranteed. What you receive depends on many factors. This includes whether the manufacturer settles and how much they decide to settle for. However, the outcome with VW shows the potential.
Should you file a claim?
There is no guarantee you will be successful. Pretty much all firms have after-the-event (ATE) insurance, meaning that the claimant isn’t liable if the claim is unsuccessful. This makes the claim risk-free, and the only thing you have to give is the time it takes to claim.