Claims against Volkswagen: the diesel emissions scandal
In September 2015 Volkswagen admitted that software in some of its diesel engines, mainly the EA189 engine used across the VW, Audi, SEAT and Skoda brands, made the cars perform differently in emissions tests than on the road. Owners in many countries have since brought individual and group claims. This guide explains how those claims have generally worked.
- Damages for buyers
- Owners have claimed the car was worth less than they paid, or that they would not have bought it had they known. In Germany, the Federal Court of Justice (BGH) ruled in May 2020 that buyers of cars with the EA189 engine could claim damages against Volkswagen, with a deduction for the use they had of the car.
- Group and collective actions
- Consumer associations and claimant groups have run collective cases in several countries, including a model declaratory action in Germany that ended in a settlement in 2020, and group litigation in England and Wales that settled in 2022 without an admission of liability.
- Other engines and brands
- Claims have also been brought about other diesel engines and brands in the group. Whether a particular car is affected depends on the engine and model year.
- Deadlines
- Limitation periods depend on the country, and the start date often depends on when buyers knew or should have known about the issue. Many claims about vehicles affected in 2015 have reached or passed the ordinary limit in some countries. Group actions have their own registration or opt-in deadlines. Use the limitation checker and ask a lawyer before assuming your claim is still open. Indicative period in Germany (non-contractual damages (tort)): 3 years (from knowledge).
Frequently asked questions
Can I still claim against Volkswagen for dieselgate?
It depends on the country, the engine, when you bought the car and whether you joined a group action. In some countries ordinary deadlines for EA189 cars have passed; in others, or for other engines, claims may still be possible. Get a deadline check before anything else.
Do I need to still own the car?
Not necessarily. Courts in some countries have allowed claims by buyers who have since sold the car, with the sale price taken into account.
Do lawyers take diesel claims on a no-win-no-fee basis?
Many do, often with litigation funding or legal expenses insurance, because claims are numerous and similar. Read how the fee is calculated and what happens if you withdraw.