emissions scandal
Mercedes Benz

If your vehicle has been tampered with and has an illegal switch-off device, you are entitled to compensation. Which litigation strategy gives you the best chances and the greatest compensation depends on various factors. That is why you should seek detailed legal advice from the R&U law firm about your options. With more than 15,000 lawsuits filed, we have the experience to achieve the best result for you.

'Major' compensation | Rescission | Return the car
§ 826 BGB
Reversing the purchase agreement allows you to return the vehicle to the manufacturer and get the purchase price refunded. Only a so-called usage fee for the kilometers you have driven will be deducted from this. The judge will take into account the current mileage at the time of the court hearing, although the maximum mileage of your vehicle can be estimated differently from court to court. For this procedure, proof of intentional, immoral damage must be provided.

It’s worth being quick:
The fewer kilometers you have driven and the sooner the hearing takes place, the higher your compensation will be.

By the way: If you have financed your vehicle, you can also claim back the financing costs incurred from the manufacturer.

Difference compensation | Vehicle has already been sold | Reduced value higher than 15%
§ 826 BGB
The difference in damages determines the sum between the actual value of a vehicle and the value it would have had without the fraudulent manipulation. Car owners can make this claim to compensate for the loss in value of their vehicle. In this case, it is sufficient to prove that the manufacturer acted negligently.

'Small Damages' | Diminished Value
§ 823 BGB
The 'small compensation' - also called 'diminished value' - is calculated from the value that the vehicle would have if no illegal defeat device had been installed, compared to the value with the defeat device installed and non-compliance with environmental standards. In our experience, car owners receive up to 25% of the purchase price as compensation and keep their vehicle.

Lump sum compensation
The lump sum compensation, as decided by the Federal Court of Justice (BGH) in June 2023 (VIa ZR: 335/21, 533/21, 1031/22) refers to a compensation range of 51% to 151% of the purchase price. This compensation is also granted without expensive expert reports. The car owner keeps his vehicle and the kilometers driven are not deducted from the compensation. This lump sum compensation compensates for your financial loss without the need for expensive expert reports.