Making a Diesel Claim, What Are The Risks?

The diesel emissions scandal has rocked the motoring world. Many famous car makers are under investigation for using “defeat devices” in diesel cars and vans – deceptive technology that leads to false emissions readings that are, in reality, significantly higher than reported. Due to manufacturers’ deception, law firms in the UK are launching class action lawsuits to get the affected consumers the compensation they deserve. But what is a diesel claim, – and is there any risk to claimants?

What Is a Diesel Claim?

Many big-name vehicle manufacturers have either been found to have fraudulently cheated emissions testing or are suspected of doing so. In 2015, it was revealed that Volkswagen had intentionally programmed its TDI diesel engines to lower emissions during testing conditions to falsely pass tests. These tests are required for all vehicles before being allowed to be sold to the public; their purpose is to ensure emissions do not exceed legal standards, which are set to uphold public and environmental safety.

Since Volkswagen paid millions in compensation to customers whose vehicles were affected by their fraudulent test manipulations, many more prominent car manufacturers are being investigated. A diesel emissions claim is a legal claim against these manufacturers – and anyone who bought or financed a diesel vehicle between 2007 and 2020 (brand-new or secondhand) may be eligible to join. If successful, the case could see claimants paid several thousand pounds in damages.

Why Are People Making Diesel Claims?

The primary legal argument is that motorists wouldn’t have purchased their diesel vehicles had the manufacturers not lied and falsified testing. Another point of contention is that drivers essentially paid a premium for their so-called “environmentally friendly” vehicles.  

Additionally, vehicles had to be modified to cheat emissions standards, leading to another claim that this could have caused reduced efficiency performance, led to unpredictable extra costs, and lowered a vehicle’s value. With these arguments in tow, law firms are fighting for consumers’ rights to get them the remuneration they deserve from deceitful car manufacturers.

Is There Any Risk to Those Who Make a Diesel Claim?

Taking individual legal action against big-name vehicle brands is ill-advised; making a strong case demands expert opinion, legal knowledge, and fact-finding. That’s why joining the class action lawsuit with a law firm is advised.

“Class action” means that a case comprises multiple parties. The claim is made on behalf of a collective group of claimants, which, in this instance, has been granted by the High Court. The court allows claimants and their representative law firms to combine into one group lawsuit. This group lawsuit – the class action – is the best and safest option for car owners who’ve been deceived by the vehicle manufacturers accused.

Currently, investigations are ongoing. Still, given that the huge class action suit against Volkswagen was a success, with claimants receiving an average of £2,100 compensation, it’s likely that the current case’s outcome will be favourable – though not guaranteed.

If the court rules in favour of the claimants, the total settlement will be distributed to each plaintiff evenly. Each claimant’s compensation will be calculated based on two variables:

  • The total number of participants in the class action lawsuit
  • The payout amount that the judge awards

Lastly, to reassure claimants, there is no risk to those who make a claim with a law firm. Claims are on a no-win no-fee basis, meaning claimants don’t pay anything if the case is lost. The only instance a claimant pays any fees is if a win is secured; each law firm’s costs will be taken from the awarded compensation, which is typically a percentage – but the amount depends on each case.