„Schadensersatz trotz Verjährung der Ansprüche“

Despite the statute of limitations on claims, courts are increasingly ruling in favour of the complaining consumers and awarding them a so-called “remaining compensation" to.

Admittedly, receiving compensation for damages even though the claim has actually expired may seem strange at first. However, there is a very simple idea behind this legal finesse.

assert “residual damages claim” within 10 years

The injured party should be able to demand that the damaging party return the unjust enrichment resulting from the damaging act even after the limitation period has expired. This is therefore a "residual compensation claim" which the injured party can assert within 10 years - starting from the date the claim arose. In the cases of the emissions scandal, the claim arises when the vehicle is purchased, which was fitted with illegal switch-off devices by the vehicle manufacturer.

A "residual damages claim" awarded by the court is limited to what was gained through the unlawful act at the expense of the injured party. In our opinion, this is the specific purchase price that the defendant vehicle manufacturer achieved from the sale of the vehicle.

Let us introduce you to a free initial consultation You will be advised by an expert from our firm regarding the possible amount of your claim and your chances of success.