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Residual damages claim also applies to used cars

/ emissions scandal, judgments / §852, EA189, damages, VW

So far, courts are increasingly ruling in favour of complaining consumers of new cars, even despite the claims being time-barred and speak to them a so-called “remaining claim for damages" to.

The Stade Regional Court has now ruled in its judgment of 26 August 2021, file number 5 O 129/21, that the plaintiff is entitled to compensation in the case of a used car. The vehicle in question is a used VW Sharan with the engine type EA189The claim had already expired.

“Residual damages claim” can now also be asserted within 10 years for used cars

The remaining claim for damages is intended to enable the injured party to claim or collect the profit made by the manufacturer even after the statute of limitations has expired. The law refers to this as "gained at the expense of the injured party". This claim expires within 10 years of the claim arising - on the same day.

In the case of a used car deal, where the plaintiff purchases the vehicle from a used car dealer or a private vehicle owner, the defendant has not gained anything. However, this should not preclude the claim for legal damages. The defendant did not gain any income directly from the plaintiff, but rather from the original contractual partner. This should be sufficient to justify a claim for residual damages. When the vehicle was resold by the original purchaser to the plaintiff, the inflow of assets was maintained.

Rogert & Ulbrich recommends

We at Rogert & Ulbrich recommend having your claims examined. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.

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