Martin Lewis’ MoneySavingExpert website has revealed which cars could potentially see hundreds of thousands of drivers entitled to compensation over the “dieselgate” scandal.
MoneySavingExpert explained how there are several group legal claims that centre around the use of “defeat devices” in diesel vehicles, dating back to 2015.
The law firms allege that manufacturers used these devices to cheat the tests done by regulators to check their emissions levels, before approving vehicles for sale.
The claimants argue that 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 to if you either owned the vehicle outright or bought it on finance, and even if you no longer own that vehicle.
The brands involved are:
Audi
BMW
Chrysler
Citroen
Fiat
Ford
Hyundai
Jaguar
Kia
Land Rover
Mini
Mercedes-Benz
Nissan
Peugeot
Porsche
Renault
Seat
Skoda
Vauxhall
Volkswagen
Volvo
There are six main law firms currently working on the case in England and Wales.
Of course, you’re not definitely guaranteed a payout if you sign up, as it will be for the courts to decide if any compensation is due.
If the courts decide there is no case the claimant won’t get a penny.
The six law firms that still have legal group cases are:
Hagens Berman UK
Keller Lenkner UK
Leigh Day
Milberg London
PGMBM
Slater and Gordon
The above firms are known as “no win, no fee” which means they would take a cut of your winnings if the court rules in your favour.
This can typically be between a third and a half of the payout.
You should also note that if you sign up to a claim and withdraw after the first 14 days, you may be liable for legal costs.
This largely depends on 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.
You should only sign up to one firm for the same vehicle, and you should only do so if you genuinely believe you have a strong case.
MoneySavingExpert says some of the scenarios where you could be due money back 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 could I get in compensation?
It's not clear 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.
The settlement means 91,000 drivers covered by the class action brought by law firms 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 the carmaker 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."
According to MSE, the carmakers involved in the cases have said:
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 (Hyundai owns part of 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, owner of the Jaguar and Land Rover brands, 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."
With regards to claims against the Chrysler and Fiat brands, which it also owns, Stellantis said: "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."
