Diesel emissions reclaims

Diesel emission claims
Have or had a diesel car made between 2009 and 2020? Should you join the millions who have signed up to legal claims?

If you owned a diesel vehicle in England or Wales manufactured between 2009 and 2020, it’s crucial to consider joining a group legal action concerning emissions. The deadlines for filing new claims are approaching quickly, so if you’re contemplating participating, time may be running out.

We’ve gathered essential details below, featuring a firm-by-firm overview of legal claims you can participate in, along with the advantages and disadvantages of doing so. (For specific information, refer to the details provided if you purchased or leased your vehicle in Northern Ireland or Scotland.)

What are these claims about?

This situation originated in 2015 when Audi and Volkswagen (VW), both under the VW Group umbrella, encountered regulatory scrutiny in the US due to certain diesel models. The resulting controversy, dubbed ‘Dieselgate,’ has since expanded to involve other automakers.

The collective legal actions claim that these car manufacturers allegedly installed illegal ‘defeat devices’ in their diesel vehicles. These devices were used to manipulate emissions tests conducted by regulators before the vehicles were approved for sale.

Law firms assert that the affected cars and vans emit more harmful nitrogen oxide (NOx) pollution than originally stated, leading to claims that consumers were misled when purchasing these vehicles.

In summary, you might be entitled to compensation if:

1. You wouldn’t have purchased the vehicle had you been aware of the alleged emissions issues.
2. You paid more than necessary, perhaps because you believed you were buying a more eco-friendly car, whether new or used.
3. If the vehicle required modifications to meet emissions standards, these changes may have negatively impacted fuel efficiency or performance, potentially reducing the vehicle’s value or leading to additional costs, for which you could seek compensation.

However, the manufacturers contest these claims. For instance, Mercedes argues that the allegations are baseless. Ultimately, it will be up to the courts to determine the outcome.

If you choose to participate, the law firm may include your name in one of the ongoing claims mentioned.

Case progress

Sign-up deadlines coming up for many claims

Between December 2023 and March 2024, a series of court hearings took place involving claims from approximately 1.2 million individuals against 16 different car manufacturers. These hearings aimed to streamline claim management, reduce expenses and delays, and ensure that court resources were utilized efficiently.

As a result of these hearings, the High Court established official deadlines for new claimants to join the diesel emission cases. Some of these deadlines have already passed, while others are approaching later this year.

It’s important to note that individual law firms have set their own, often earlier, deadlines to ensure they can collect the necessary information to present in court – these dates are listed in the table below.

If you don’t register in time, you may lose the opportunity to file your claim and potentially miss out on any compensation you might be entitled to. Therefore, if you believe you have a valid case, don’t delay (though make sure to weigh the pros and cons first).

What’s EA189?

The initial case against the Volkswagen Group, which was settled in May 2022, was about Audi, Seat, Skoda and Volkswagen vehicles fitted with a specific type of diesel engine known as EA189. That case has now concluded and it’s no longer possible to join.

However, law firms are currently pursuing separate claims against the Volkswagen Group in respect of Audi, Porsche, Seat, Skoda and Volkswagen vehicles fitted with other (non-EA189) engine types – and you can still join these.

What’s register interest?

The formal High Court cut-off date for new claims against this manufacturer has now passed. However, one firm – Pogust Goodhead (My Diesel Claim) – is still inviting drivers to sign up with it.

A spokesperson for the firm told us it was doing this because it is technically possible for solicitors representing latecomers to apply to the court to join the proceedings. But they added: “This has not occurred to date, and it remains to be seen whether the English court would indulge such an application and permit late entry.”

So it’s a long shot and there are no guarantees – but if you missed the deadline and feel strongly that you have a case, it could be worth registering your interest anyway.

At a glance: claim sign-up deadlines

Initial VW case settled for £193m

Audi, Seat, Skoda & VW (EA189 engines) – settled out of court in May 2022

Case background

In 2015, the Volkswagen Group, which includes the Audi, Seat, Skoda, and VW brands, became embroiled in a major controversy involving the software in some of its Audi and VW diesel vehicles. This software was found to manipulate emissions data during testing.

Legal proceedings were initiated against Volkswagen, and by May 2018, the High Court had granted a ‘group litigation order.’ This allowed legal representatives from firms Leigh Day, Pogust Goodhead (formerly known as PGMBM), and Slater and Gordon to collectively manage the claims of over 90,000 vehicle owners in England and Wales.

After a preliminary hearing in December 2019, the High Court determined in April 2020 that Volkswagen had installed a ‘defeat device’ in the EA189 diesel engine, which was used in various Audi, Skoda, Seat, and VW models. This device enabled the engines to detect when they were being tested for NOx emissions compliance and temporarily reduce their emissions, while producing higher emissions during regular driving on the road.

Settlement reached

In May 2022, the case was resolved outside of court for £193 million, with VW Group also covering an additional, undisclosed amount for the claimants’ legal expenses. The specific amount that each claimant received after fees and costs were subtracted remains unclear, as the law firms involved have stated that the settlement terms require confidentiality.

VW has consistently denied that anyone suffered financial losses and maintains that the settlement does not imply any acknowledgment of “liability, causation, or loss.” Instead, they describe it as “the most commercially prudent course of action.”

Although this particular claim is now closed, owners of certain Audi, Seat, Skoda, and VW models may still have the opportunity to join other group actions (refer to our firm-by-firm breakdown above).

Who’s included in this settlement?

This settlement only covers the approximately 90,000 claimants who were already part of the group legal action against VW Group in respect of certain vehicles with the EA189 engine.

If you’re one of them, the law firm you were signed up with – Leigh Day, Pogust Goodhead (formerly PGMBM) or Slater and Gordon – should have contacted you about the next steps, including payments. But, as ever, be wary of unsolicited contact asking for personal or bank details. If in doubt, end the communication and contact the firm directly via the details on its website (links above).

What does this settlement mean for other claims?

This agreement does not directly influence any other cases, whether they involve VW Group or other carmakers, as it was resolved outside of court and did not establish a legal precedent. Moreover, VW did not admit any liability.

However, it might indirectly affect other comparable claims, possibly encouraging further settlements. Yet, it’s uncertain, as the specifics of each case will vary, and different manufacturers may adopt diverse legal approaches.

What to consider before joining a claim

Eight things to consider before joining a claim. Although certain law firms may present signing up as an obvious choice, it’s crucial to remember that, like any legal decision, there are significant advantages and disadvantages to evaluate. Here are the key factors to consider…

1 – You can’t sue by yourself

Pursuing a claim like this independently would be nearly impossible – so if you believe you are entitled to compensation, this might be your only course of action.

These legal cases are intricate and require specialized expert opinions to establish the facts. Attempting to handle the claim on your own could result in costs that far exceed any potential compensation, and you might also end up responsible for the other party’s legal fees.

Therefore, while we typically advise against working with firms that take a portion of your compensation, in this scenario, joining a group legal action could be your best option if you wish to proceed – although even then, success is not guaranteed.

Can I wait until the legal claims have concluded and then get compensation myself?

This is a common question we’ve received since releasing this guide. The concept is that you might wait until the current claims have been resolved and then use any court decision against the manufacturer as a precedent to file your own claim—bypassing law firms and their fees.

However, if you’re considering this, keep in mind two key points:

1. The existing claims could be settled out of court. If that happens, as it did with the initial VW Group case, no legal precedent would be established. This means you’d have to start your claim from scratch, facing the same challenges as those mentioned earlier.
2. A new claim might be considered ‘out of time.’ Legal claims are often restricted by specific time limits known as ‘limitation periods,’ which set deadlines for when claims can be made.

For instance, in the case of a breach of contract, you generally have six years from the date of the breach to file a claim. Given that the diesel emissions cases are likely to take several years to fully conclude, some claims may no longer be viable in the future.

Ultimately, without the ability to predict the future, it’s unclear whether it’s better to join a claim now or wait. There are no certainties either way, so if you believe you have a case, you’ll need to decide which path to take.

2 – This is for vehicles made from 2009 to 2020

Various companies might have different thresholds, but generally, vehicles manufactured between approximately 2009 and 2020 from about 20 brands are part of the ongoing legal proceedings.

You can submit claims for multiple vehicles, but make sure not to register the same vehicle with more than one law firm.

Law firms are likely to accept your case if:

• You leased or bought the vehicle on finance.
• You bought it new or second-hand, regardless of who you bought it from.
• You no longer own the vehicle.
• You intend to claim for a company car, provided the contract was in your name.

But you WON’T be considered for a claim if you bought the vehicle outside of the UK.

What about vehicles from before 2009?

When law firms began probing these claims a few years ago, they sought participants with vehicles from 2007 and 2008. However, recent updates indicate that most firms are now focusing on vehicles from 2009 onward.

We reached out to Pogust Goodhead, a major player in diesel emissions litigation, to understand this shift. The firm explained that after further investigation, it found that vehicles from 2007 and 2008 were less commonly affected, leading them to adjust their criteria accordingly.

Nevertheless, Johnson Law Group is still accepting registrations for 2008 models. If you own an older vehicle, you may still explore potential claims. Keep in mind, though, if your vehicle is determined not to be affected, you won’t have a case and will not receive any compensation.

I’ve already signed up to a claim for a 2007 or 2008 vehicle – what now?

The company you engaged with should provide regular updates and inform you if it turns out that your vehicle hasn’t been impacted by the emissions problems or if there are any other reasons why your claim can’t move forward.

Since these cases are handled on a ‘no win, no fee’ arrangement, you won’t incur any charges if the company decides not to pursue your case.

It might also be beneficial to explore the possibility of working with a different firm, although there’s no certainty of success. You can refer to our list of firms currently accepting claims for options.

Purchased your diesel car or van with financing before January 28, 2021? You might be eligible to reclaim £1,000s due to a new, distinct recovery process. Following an extensive probe by the Financial Conduct Authority into concealed and unjust car finance commissions, billions of pounds in excessive interest may be refunded to millions of individuals.

Utilize our FREE Car Finance Reclaim Guide and Tool to determine if you’re impacted, find responses to common questions, and file your complaint.

3 – It’s easy to check if you’re eligible

You can swiftly determine your eligibility to join a claim with ease. If you choose to proceed with signing up, evaluate the likelihood of a law firm accepting your claim by utilizing the straightforward, complimentary tools available on their websites. We’ve provided links to these tools in our firm-by-firm comparison table below.

After accessing the firm’s website, you may need to navigate to the relevant section for your vehicle’s manufacturer and enter your car or van’s registration number. You’ll receive immediate feedback on whether your vehicle is among those potentially impacted.

4 – Signing up is free, but not risk-free

Since these legal claims operate on a ‘no win, no fee’ basis, you won’t need to make any upfront payments to participate. However, if the claim is successful, the law firm will typically receive between a third and half of the compensation awarded.

If the claim is unsuccessful, you generally won’t need to pay anything. Nonetheless, there is a remote possibility that you might be held responsible for the manufacturer’s legal costs if the court rules in their favor. In most cases, these costs would be covered by the law firm’s ‘After the Event’ (ATE) insurance, although this coverage has limits and is not guaranteed.

While we cannot confirm the specifics of each firm’s coverage, all the firms listed in the table below have assured us that they either already have or will obtain adequate ATE insurance to shield you from potential legal expenses.

5 – Payouts aren’t guaranteed

Compensation payouts could potentially reach £1,000s, but there is no assurance that any compensation will be granted, and some of the projected amounts are heavily contested.

Legal actions of this nature are relatively untested in the courts of England and Wales, so there’s no certainty that the current claims will succeed.

According to law firms, if the claims do succeed, drivers might receive substantial compensation due to overpayment for vehicles that failed to meet emissions standards.

Some firms might encourage you to join with promises of even larger settlements—such as Pogust Goodhead, which suggests a potential claim of up to £10,000 for a Mercedes.

However, most attorneys we’ve consulted indicate that actual payouts are unlikely to reach these high figures. Settlements could end up being much lower if a case is resolved out of court, potentially for only a fraction of the initial claim amount.

Additionally, the court will need to assess the real financial loss suffered by each claimant due to the manufacturer’s alleged misconduct (e.g., whether they overpaid for the vehicle). This evaluation will be carefully examined and debated.

Consequently, even if the case advances to trial and the claim is successful—which is uncertain—the court-awarded amount may be significantly less than the original claim. Therefore, don’t assume participation guarantees a large payout.

6 – Claims will take time

One of the law firms participating in these cases notes that they can often take five years or more to advance through the judicial system.

For instance, in the initial VW Group case, the court consolidated the claims in May 2018. However, the trial was not scheduled to start until January 2023, and a settlement was eventually reached in May 2022. (Had the case proceeded to court, it could have faced additional delays due to possible future appeals.)

7 – You’ve 14 days to change your mind

If you receive the paperwork but then hesitate about proceeding with the claim, you have a 14-day window to cancel without any penalty. Beyond this period, you might be responsible for legal fees.

The firms listed below offer a 14-day cancellation period at no cost. Use this time to carefully review any documents sent after you initially signed up for the firm’s services. Pay attention to the details and ensure you fully understand what you’ve agreed to.

If you have any doubts about the agreement, request clarification from the law firm involved. If you decide to cancel, inform the firm in writing within the 14-day period to avoid any charges.

Should you withdraw from the claim after the 14-day period, you might be liable for legal costs, depending on the firm’s terms and the progress of your case. While it’s hard to specify an exact amount, costs could potentially reach hundreds or even thousands of pounds, influenced by how much time has passed since signing up and the work already done by the firm. To avoid such costs, only commit to the claim if you are certain you want to proceed.

Additionally, the firm will likely request further information or documents as your case advances. Although you probably won’t need to attend court or provide a detailed witness statement, you will need to supply copies of proof of ownership, such as purchase or lease invoices and any finance agreements.

8 – Important – only sign up if you genuinely believe you have a case

This issue is likely tied to financial losses you may have experienced—such as paying more for a vehicle than you would have otherwise or choosing not to purchase it if you had been aware of the purported emissions defects. Alternatively, if you sold the vehicle, you might have received less money than you would have if the emissions issue had not been present.

Some companies may inquire about this directly. For example, during the registration process, Pogust Goodhead might ask you to confirm whether you would not have purchased your vehicle, or would have paid a lower price, had you known it was equipped with emissions cheating software.

If you have any doubts, it’s advisable to speak with the law firm directly. Doing so before you commit is important, as you will need to cooperate with the firm throughout the claim process and might incur costs if you decide to withdraw.

Overall, if you have conducted all necessary checks and believe you were misled, the potential downsides of joining a claim appear to be relatively minor. Although dropping out later could involve legal costs, the risk of significant financial loss is low.

How to join a claim – firm-by-firm overview

You can register if you purchased, leased, or financed an affected diesel vehicle—whether it’s a car or van—during the specified period. Below, we’ve created a table that outlines the group claims several law firms are managing in England and Wales, along with some of their key details.

Make sure NOT to sign up with more than one firm for the same vehicle. Doing so might result in your claim being submitted to court multiple times, which could be seen as process abuse and may incur legal costs for you. Additionally, you might face costs if you need to terminate an agreement with one firm after engaging another.

Important: Comparing law firms can be complex. Our emphasis here is on the overall claims process, not on evaluating individual law firms, which is not our area of expertise. Moreover, the progress of most claims is limited, so there isn’t much information available.

Currently, we’ve compiled a list of several firms in the table below, but we are not endorsing any specific one.

Please note that this list is not exhaustive. We have only included firms that are known to be handling diesel emissions claims and have shared details with us about their fees, insurance coverage, and cancellation policies.

Legal claims against diesel carmakers in England & Wales

(1) Active and potential future claimants, including those who have simply registered their interest, based on latest figures provided by firms. (2) Fees will be taken as a percentage of any winnings (possibly with other costs and VAT on top). If the claim is successful, actual fees will depend on the exact terms of your agreement and could be lower – particularly if you have a ‘damages-based agreement’. (3) Across all cases, not just diesel emissions. Figures accurate at time of writing.

The firm you choose won’t necessarily affect the outcome of your case

If multiple companies initiate legal action against a particular manufacturer, which appears probable, the cases will be consolidated when they are presented in court.

Therefore, if the claims proceed to trial, the outcome won’t depend solely on the law firm you selected but on the collective effort of all the collaborating law firms.

Nonetheless, the firm you choose will influence the portion of any compensation you receive if the claim is successful or settled out of court—something to consider carefully.

What if I’m not happy with how the firm is handling my claim?

Initially, reach out to the company directly to attempt to resolve the issue. If this approach fails, submit a formal complaint by following the instructions available on the company’s website.

Should you not receive a reply within eight weeks or are dissatisfied with the response, you have the option to escalate the matter to the Legal Ombudsman. This free service has the authority to make binding decisions and effectively address the issue.

Can I switch firms?

Yes, you can switch firms, but caution is necessary. Before engaging a new firm, you must first terminate any current agreements you have. This step is crucial to prevent the possibility of having multiple claims filed on your behalf in court.

Keep in mind that terminating the agreement might involve fees, depending on the conditions of your initial contract and the stage of the process.

After you have successfully ended the current agreement, you can proceed to engage a new firm as usual.

What about Northern Ireland and Scotland?

If you purchased or leased your vehicle in Northern Ireland or Scotland, you won’t be eligible to participate in claims in England and Wales. Instead, you’ll need to join a claim in the country where you originally bought or leased your vehicle, no matter where you currently reside.

Northern Ireland

At present, there are no known firms in Northern Ireland pursuing diesel emissions group claims.

This situation may stem from the fact that solicitors in Northern Ireland cannot handle cases on a ‘no win, no fee’ basis, which complicates the initiation of such claims. Alternatively, the smaller pool of potential claimants in the region might provide firms with less motivation to engage in group claims, as the potential total value would be reduced.

We are actively monitoring for any law firms that might start such claims and will update this guide if any do. In the meantime, if you find a firm offering these services, please inform us.

Previously, Edwards & Co Solicitors were investigating claims against Audi, Mercedes, Seat, Skoda, and VW. However, they are no longer accepting new clients, and the current status of these claims is unknown. Edwards & Co has not yet responded to our requests for updates, but we will include any new information here if it becomes available.

Scotland

In Scotland, the ability to pursue group actions was only introduced with a new legal framework in 2020, meaning that most cases are still in the early stages. Nonetheless, a major breakthrough occurred in the first case against VW Group in December 2022. For more information, see the details below.

VW Group vehicles with EA189 engines – case settled out of court in December 2022

In December 2022, VW Group resolved the initial legal action concerning vehicles equipped with EA189 engines through an out-of-court settlement totaling £11.9 million. This resolution applies exclusively to the approximately 7,800 claimants involved in the group lawsuit in Scotland, who had enlisted with one of the legal firms representing the case—Drummond Miller, Jones Whyte, Lefevres, Slater and Gordon, or Thompsons.

The specific details of how the settlement amount was distributed among individual claimants remain confidential, so it is unknown how much each person received after deducting legal fees and other expenses.

If you were among the claimants, you should have been contacted by the firm you engaged with regarding the next steps. Be cautious of potential scams and any unsolicited communications; if you receive such contact, it is best to verify its legitimacy by reaching out directly to the firm using the contact information on their official website.

This settlement does not affect any other claims in Scotland or elsewhere, and VW made no admissions of liability, causation, or loss as part of the agreement. According to VW, the settlement was considered the “most prudent course of action commercially.”

If you own an Audi, Seat, Skoda, or VW vehicle with an engine other than the EA189, you might still have the opportunity to participate in ongoing claims as outlined below.

Other models and manufacturers – several firms accepting new sign-ups

There are several firms currently accepting registrations in relation to diesel vehicles from various manufacturers, including:

• Jones Whyte – covering BMW, Citroën, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo, as well as some Audi, Seat, Skoda, and VW vehicles with non-EA189 engines.
• Lefevres – covering BMW, Citroën, Fiat, Ford, Jaguar, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo.
• Slater and Gordon – covering Citroën, Fiat, Jaguar, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo.
• Thompsons – covering BMW, Citroën, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo, as well as some Audi, Seat, Skoda and VW vehicles with non-EA189 engines.

What do the manufacturers say?

Here’s what 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 the claims brought by the UK law firms are without merit, and will vigorously defend against them or any group action.”
• Nissan told us 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 Citroën, DS, 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: “The Volkswagen Group continues to hold the view that these claims are not justified and we regret that they have been made in the first place. We have instructed our solicitors to defend them robustly.”We take these allegations very seriously and make no acceptance of them or admission of liability, and nor do we accept that customers have suffered any financial loss in respect of the vehicles.”