FAQ

Why should I sue in Germany?

The courts in Germany already have a lot of experience with Dieselgate cases and can draw on extensive case law, most of which has ruled in favor of buyers. The courts in the Baltic States and Finland have no experience with the issue so far, so that much longer and more cost-intensive court proceedings are to be expected.

Can I go to court in my home country?

Yes, this is also possible, provided that you also bought the car there. The plaintiff can choose whether to go to court in the country where he bought the car and thus the damage occurred or in the country where the car manufacturer is based.

Although we strongly recommend you to go to court in Germany, we are also happy to help you if you want to go to court in your country.

How much will I be entitled to in damages if I enforce it in court?

The amount of your claim for damages is generally based on the purchase price you paid. However, the courts deduct a compensation for use from this, as you received a practical utility value through the use of your vehicle until the end of the proceedings.

How much is deducted from the purchase price depends on the kilometers you have driven up to that point from the time of purchase.

This leaves you in a much better position than if you resell the vehicle on the used car market. Even if you have already sold the car, it still makes sense to sue for damages. The compensation you demand in court will then only be reduced by the purchase price you achieved on the used car market.

How can I find out if my vehicle is affected by Dieselgate?

You can check whether your vehicle is affected by Dieselgate in our database here.

You are also welcome to contact us and provide us with your vehicle details. We will then inform you whether yovehicle is affected.

I bought a used diesel car, am I also entitled to compensation?

Buyers of used diesel vehicles are also entitled to compensation for damages. Because you too have received a vehicle that does not comply with EU regulations and is threatened with extensive restrictions.

What will it cost me to claim damages in Germany?

In order to bring the German action before the court, you must pay an advance on costs for the court. The amount of this advance depends on the purchase price of the vehicle. Once the proceedings have been concluded, legal fees will also be incurred by both sides.

If you win the case, the car manufacturer must reimburse you for all costs, so you will get your advance back and only benefit from your compensation. If you lose the case, you will bear all the above costs.

How long will court proceedings in Dieselgate cases take?

This depends to a large extent on the model and the further development of case law. However, an average length of 9 - 12 months can be expected in the first instance. It is possible that appeals by the car manufacturer will drag out the proceedings. In the worst case scenario, court proceedings can take up to 3 years.

However, since car manufacturers lose many of the lawsuits, they are also keen to offer plaintiffs settlements that significantly shorten proceedings.

Why aren’t there any class actions available for affected buyers?

Class actions or mass claims are not possible in Estonia, Finland, Latvia or Lithuania. In Germany, a class action exists, but it is a toothless tiger and does not guarantee that you will receive full compensation.

I have legal protection insurance. Will it cover the costs of the lawsuit?

Your legal expenses insurance will cover the costs, as long as it also covers legal disputes in the EU or beyond. You can find out whether this is the case by checking your insurance documents or by contacting your insurance company.

If I file a lawsuit, do I also have to appear before a German court?

No, in principle, you do not have to appear in court. You can be represented in court by us as your lawyers.

You may be summoned in cases where it is precisely your testimony that matters. In these cases, however, you can easily request that an appearance in court be replaced by a video transmission.

What happens to my car after I file a lawsuit?

Even after you have filed a claim, nothing happens to the car for the time being. You can continue to use it as normal. Note, however, that the more kilometers you drive with the car, the less you are entitled to compensation.

If you win the court case, you return the car and receive your compensation, which you can use freely to buy another vehicle.

It is also possible to reach a settlement with the car manufacturer (if they are willing to settle). Then you will receive a lower compensation, but you can keep the car and continue to use it freely (i.e. resell it).

Is it possible for the attorney to pay the court costs up front and the claim be split 50/50 after a win?

Unfortunately, we are cannot offer work on a performance pay basis at this time.

Who or what is Klauberg Baltics?

Klauberg Baltics is an international law firm with offices in Estonia, Latvia and Lithuania and cooperates with law firms especially in Finland, Germany and other parts of the world.

Our focus is in particular on: Commercial law, Corporate M&A, Transport & Insurance, Life Sciences, Intellectual Property, Litigation & Arbitration, Energy, Succession/Private Client.