Martin Lewis’ MoneySavingExpert website has revealed which cars could secure motorists compensation over the “dieselgate” scandal. There are several group legal claims that revolve around the use of “defeat devices” allegedly fitted in diesel vehicles as far back as 2015.
The law firms allege that manufacturers used these devices to cheat tests done by regulators to check their emissions levels, before approving vehicles for sale. The claimants argue they were misled as the levels of nitrogen dioxide levels produced were higher than advertised. Car manufacturers have disagreed with the claims.
MSE said you might be able to still join a group legal claim if you were the registered keeper or owner of a diesel car or van in England or Wales which was made between 2007 and 2018. This applies if you either owned the vehicle outright or bought it on finance, and even if you no longer owned the vehicle.
The makers involved are: Audi, BMW, Chrysler, Citroen, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Mini, Mercedes-Benz, Nissan, Peugeot, Porsche, Renault, Seat, Skoda, Vauxhall, Volkswagen and Volvo. There are six main law firms currently working on the case in England and Wales. But claimants are not guaranteed a payout as it is up to the courts to decide if compensation is due. The six law firms that still have legal group cases are: Hagens Berman UK, Keller Lenkner UK, Leigh Day, Milberg London, PGMBM, and Slater and Gordon.
These “no win, no fee” firms would take a cut of people's payouts if the court rules in favour of the claims and can typically be between a third and a half of the sum awarded. People should also note that if they sign up to a claim and withdraw after the first 14 days, they may still be liable for legal costs, depending upon how far along the legal process the case has already gone.
One of the law firms involved says cases of this type may take five years or longer to progress through court. MoneySavingExpert said you should only sign up to one firm for the same vehicle, and only do so if you genuinely believe you have a strong case.
Scenarios where you could be due compensation include:
- You wouldn't have bought the vehicle had you known about the alleged emissions flaws.
- You paid more for it than you otherwise would have.
- Your car or van had to be fixed to comply with emissions standards and the fix itself may have led to worse fuel efficiency or worse performance.
How much compensation are we talking about?
It's unclear how much drivers will get after all fees and costs are deducted. Volkswagen Group, which owns the Audi, Seat, Skoda and VW brands, settled out of court in May 2022 for £193million, meaning that 91,000 drivers covered by the class action brought by Slater and Gordon, Leigh Day and PGMBM will get £2,100 each on average.
However, Volkswagen has not admitted that it did anything wrong. A statement from VW said: "No admissions in respect of liability, causation or loss have been made by any of the defendants in the group action as part of the settlement."
BMW Group, owner of the BMW and Mini brands, said: "BMW Group vehicles always comply with the necessary legal requirements and so the company categorically rejects any accusation that diesel emissions from their vehicles are manipulated in any way." Ford said: "As we said back in 2016, we did not and do not have what are commonly known as 'illegal defeat devices' in our vehicles, and our advanced diesel engines meet all applicable emissions requirements."
Hyundai and Kia said: "All of the brand's vehicles sold in the UK and Europe comply with the emissions regulations in operation at the time of sale, and Hyundai and Kia have not infringed upon any European emissions testing rules." Jaguar Land Rover said it "does not use emissions cheat devices or software in any of its products. We have not yet seen any technical evidence in relation to this matter and will strongly contest any claims made."
Mercedes said: "We believe that the claims are without merit and will vigorously defend ourselves against them or any group action with the necessary legal means." Nissan said it "strongly refutes these claims. Nissan has not, and does not, use illegal defeat devices in any of the vehicles that it makes, and all Nissan vehicles fully comply with applicable emissions legislation."
Renault said it "denies having committed any offence and reminds that its vehicles are not equipped with any rigging software for pollution control devices. Renault vehicles have all and always been type-approved in accordance with applicable laws and regulations." Stellantis, owner of the Citroen, Peugeot and Vauxhall brands, said: "These claims are unfounded and we will defend ourselves against them." Chrysler and Fiat stated: "We believe this claim to be totally without merit and we will vigorously defend ourselves against it." Volvo said: "Volvo Cars has never used any illegal defeat devices in any of its cars."
VW Group, owner of the Audi, Porsche, Seat, Skoda and VW brands, said regarding the initial UK case against it: "The group is pleased that we have been able to conclude this long running litigation in England and Wales. The settlement is another important milestone as the Volkswagen Group continues to move beyond the deeply regrettable events leading up to September 2015."
It added: "We have been advised that a claim has been threatened in England and Wales relating to newer diesel vehicles. The Volkswagen Group will examine the claim in detail and will defend itself robustly in relation to the new allegations, which we consider are vague, unsubstantiated and appear to confuse the different technologies and engines involved."
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