It depends on a number of factors. We charge compensation for each car. This indemnity is based on the difference between the amount paid for it by the first owner and the amount that that owner would have paid had they known that the car did not meet emission standards. We call this the 'overcharge'. So the overcharge is a percentage of the new price of your car. That percentage is yet to be determined in the proceedings and can vary depending on the type of car (sedan/station/company car etc).
The compensation that can be determined on the basis of this percentage per car must be divided among the owners of the car according to a distribution key. Your compensation therefore depends on how many owners your car has had. If you are the first owner, then all the compensation is yours. If there are several owners of the car, your compensation depends on whether you are still the owner of the car and if not, how long you have owned the car. Here you can consult some calculation examples.
Yes, you are also eligible for compensation if you bought a diesel car second-hand, as long as the car was manufactured and marketed in the Netherlands between 2009 - 2019. See the heading 'how much compensation can I expect' for calculation examples that give an indication in your compensation as a successor buyer and which circumstances are relevant.
Yes, you are eligible for compensation even if you have already sold your car, as long as the car was manufactured and marketed in the Netherlands between 2009 - 2019. See the heading 'how much compensation can I expect' for calculation examples that give an indication in your compensation as a successor buyer and which circumstances are relevant in this respect.
Through the registration form you can instantly see if you are eligible for compensation and what this compensation could potentially be.
The foundation works on a no-cure-no-pay basis. That means you pay nothing for registration and also do not have to pay anything if the claims are rejected. If (part of) the claim is awarded, you will pay a maximum of 25% of each compensation you receive to the foundation. The foundation uses this compensation to pay the costs of the proceedings and to pay the funder (Hagens Berman) for the investment in these proceedings and the risk taken. For more information, see the participant conditions.
The Emission Claim Foundation is funded by Hagens Berman Sobol Shapiro LLP, a US litigation law firm experienced in suing companies for their wrongful acts. Hagens Berman is funding the proceedings and in return will receive up to 25% of the damages realised by the foundation. Any unclaimed amounts will be used in accordance with the foundation's statutory objectives.