emissions scandal
Fiat motorhomes

Fiat motorhomes now also affected by diesel emissions scandal

On 26.06.2023, the Federal Court of Justice (BGH) a groundbreaking ruling with sensational character. According to this, owners whose diesel vehicles are equipped with inadmissible switch-off devices such as the thermal window are entitled to compensation, regardless of the manufacturer's intent or negligence. With this ruling, the BGH drastically lowers the requirements for claims for damages and thus follows the case law of the European Court of Justice of March 21, 2023.

After a report from the news magazine ,The mirror' In Germany, approximately 200,000 vehicles from Fiat and the Italian commercial vehicle manufacturer Iveco are affected by diesel manipulation, including many mobile homes such as the Fiat Ducato.

Following a raid on the Fiat Chrysler Group, there are allegations of fraud regarding emissions limits. Many motorhome owners have subsequently filed criminal charges.

Put your trust in the competence and assertiveness of R&U lawyers. In our initial telephone consultation We will be happy to check for you whether your vehicle is affected by the emissions scandal and advise you individually on your options. Arrange your desired appointment now without obligation.

Get non-binding advice on the Fiat emissions scandal now!

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    FOCUS online | 27.06.2023:

    The recent BGH ruling of June 26, 2023 has far-reaching implications for claims for damages in the diesel emissions scandal. Car buyers can now demand compensation even if the car manufacturers did not intentionally defraud but acted negligently. The court is overturning its previous case law and following the decision of the European Court of Justice of March 21, 2023. The ruling affects over 100,000 cases across Germany.

    Currently, more and more Fiat models are suspected of manipulation.

    Next to VW, Mercedes and Audi Fiat is also involved in emissions manipulation. Fiat is accused of having installed illegal switch-off devices. Vehicles equipped with these devices only comply with EU emissions standards on the test bench. In road use, however, pollutant emissions increase many times over.

    The following manufacturers use affected engines:

    • Adriatic Sea
    • Arca
    • Auto-Trail
    • Autostar
    • Autotrail
    • Bavaria
    • Benimar
    • Biomobil
    • Bocklet
    • Bürstner
    • Campereve
    • capri
    • Capron
    • Carado
    • Caravans International
    • Cardo
    • Carthage
    • Challenger
    • Chausson
    • Concorde
    • Dethleffs
    • Dopfer
    • Dreamer
    • EDR eG
    • Elios
    • Elnagh
    • Eura Mobil
    • Fiat-Fleurette
    • Fleurette
    • Font Vendome
    • Form IT
    • Ranger
    • Frankia
    • Giottiline
    • Globecar
    • hobby
    • Hymer
    • Itineo
    • joint
    • cable
    • Karmann Mobil
    • Kerkamm
    • Knaus
    • Knaus Tabbert
    • La Strada
    • Laika
    • Le Voyageur
    • LMC
    • McLouis
    • Mobilvetta
    • Morelo
    • Niesmann+Bischoff
    • Notin
    • Phoenix
    • pilot
    • PLA
    • Pössl
    • Protec
    • Rapido
    • Rimor
    • Roller Team
    • Sun Living
    • Sunlight
    • Swift
    • TOURNE MOBIL
    • Weinsberg
    • Westphalia
    • Wingamm
    • Woelcke
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    Claim for damages due to diesel manipulation –
    Fiat Ducato drivers act now!

    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.

    installations and superstructures
    Additional costs for additional installations and structures, such as solar panels and the like, can also be charged, i.e. expenses that many motorhome owners have incurred in addition to the purchase price. All you need is traffic legal protection insurance and lawyers who are familiar with the emissions scandal.

    What compensation options are available to affected diesel drivers?

    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.

    We will be happy to take on your case and advise you in detail on which solution is the best for you.
    Call us without obligation or contact us.

    What shutdown techniques do car manufacturers use to manipulate exhaust gas purification?

    In the diesel scandal, different switch-off technologies (AE) are used depending on the company and vehicle type in order to manipulate the emission values. "Dirty" diesels appear "clean" at least on the test bench. In real driving conditions on the road, however, the vehicles exceed the permissible limits by several times.

    Temperature- or time-controlled shutdowns (thermal window, heating strategy)
    When certain temperatures or times are reached, the engine control software turns off the emissions control system. This may improve performance or fuel economy, but results in excessive emissions.

    Defeat Devices (test bench/driving curve detection)
    This software for controlling exhaust gas purification recognizes the exhaust gas test cycle and reduces emissions to the legally permissible range. In real driving conditions on the road, however, the limit values are exceeded many times over.

    coolant target temperature control
    With the coolant target temperature control, a software function activates a special temperature control that keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This is the only way to keep the nitrogen oxide levels on the test bench below the legally prescribed limits.

    Software updates:
    Possible consequential damage to vehicles and consumers

    After the diesel scandal became known in 2015, the Federal Motor Transport Authority (KBA) issued instructions to various manufacturers to remove the prohibited functions. In response, hundreds of thousands of car owners were asked by the manufacturers to have an update carried out on their vehicles, which included, among other things, revised engine control software.

    In general, we recommend not installing software updates that supposedly improve NOx or emission values. Engine control with the same hardware is basically a kind of "compromise" between many components, including exhaust emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve the exhaust emissions without accepting a deterioration in other areas.

    Consequential damages are therefore possible:

    • Shorter service life, faster wear and changed engine behavior
    • Increasing fuel and AdBlue consumption
    • Increased susceptibility to repair of engine components & increasing problems with exhaust gas purification
    • Loss of performance and reduced smoothness of the engine
    • Lack of warranty for consequential damages on the part of the manufacturer
    • Time & effort of the workshop stay (usually without being provided with a replacement vehicle)

    Questions about the emissions scandal

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