Register to secure compensation from Volkswagen and others!
How will joining help me?
For years, car manufacturers like Volkswagen and Mercedes-Benz have been influencing the results of emissions tests with ‘cheating software’. This has proved both harmful to the environment and to your wallet. As an affected car owner, you are left with a car that has decreased in value. A car that, even after applying a software update, suffers from technical defects and consumes more fuel than before.
The Car Claim foundation is doing something about that! Together, we work towards a suitable solution for all European drivers of diesel cars that are affected by Dieselgate. By seeking a dialogue with interest groups at home (the Netherlands) and abroad. We are continuously talking with European politicians, consumer and environmental organizations and the automotive industry.
Affected drivers of Volkswagen and Mercedes-Benz diesel cars can register with our foundation. The foundation speaks with the collective voice of the injured car owner. This makes us strong! Not just in Dutch courtrooms, but also at the European level. The goal: to force car manufacturers to really solve the problem. Without leaving the bill with the car owner. Do you drive a Volkswagen diesel car? Click here for more information. Are you driving a Mercedes-Benz diesel car? Click here!
What we are committed to
For individual consumers, it is often financially impossible to obtain legal profit against large multinationals like Volkswagen or Mercedes-Benz. But through the power of the collective, we can make a fist as a foundation. We want to arrive at a reasonable, fair and acceptable solution for all European owners who have been injured by ‘Dieselgate’.
When a car manufacturer makes an actual settlement offer, every concerning individual driver will be able to decide to agree with it or not. In short: you will keep ownership of your own claim. This means that you are free to start legal action yourself after your registration.
The Car Claim Foundation is a non-profit organization. Registration is free. Should you choose to agree to a possible settlement offer between the foundation and Volkswagen, a maximum of 25 percent of that compensation amount is intended for the external financier of our foundation (Vannin Capital).
Car owners are carrying the costs
Dieselgate has been in full swing for over five years and is anything but ending. Worldwide, more and more car manufacturers are targeted by legal proceedings and subject of criminal investigations. After all, in practice their so-called ‘clean diesel’ cars do not comply with European law. The concerning diesel cars are worse for the environment, more expensive to use and worth less.
Our foundation is committed to obtain an appropriate compensation for your damage. We do this by uniting affected customers and consumer organizations and forcing cheating car manufacturers to take action. Together we are strong! Do you drive a diesel car from Volkswagen, Daimler or another manufacturer? Then chances are that your car is affected by the use of cheating software. The foundation stands up for your interests. We conduct research into the behavior of all car manufacturers. Where necessary, we will also initiate proceedings against other car manufacturers in addition to Volkswagen and Daimler. In this way, we want to get compensations for affected motorists like you.
Several tens of thousands of motorists in Europe have already registered with us. Sign up for free too! This way, you participate in our collective initiative and possibly benefit from any compensation
Compensation?
The goal of our Foundation is to prevent the consequences of Dieselgate from being at your expense and risk. Our intention is to safeguard you from all the disadvantages that you are currently experiencing as a (former) driver of a Volkswagen Group or Mercedes-Benz Group diesel vehicle. You should have the peace of mind of using a car that does meet the actual environmental standards, without (financial) risk.
In the Dutch proceedings against Volkswagen, we cannot claim direct financial compensation through the court. But in the Dutch proceedings against Mercedes-Benz under the new Dutch Act on redress of mass damages in collective action (WAMCA), the foundation can. Possibly also for non-Dutch car owners, if the Amsterdam Court will allow them to join the proceedings. The court has yet to make a decision on this point.
For non-Dutch car owners, we seek appropriate compensation mainly through dialogue. This compensation can (in part) take the form of a financial reimbursement. Other, more indirect, possibilities are, for example, a guaranteed trade-in premium. In short, our efforts are focused on an appropriate settlement, of which a financial compensation may be a part. In order to determine what is appropriate, we conduct daily consultations with, among others, political entities (the European Commission and the European Parliament), consumer organizations, environmental and health organizations, and the German car industry.
About us
The Car Claim foundation is a non-profit organization, which endeavours to protect the interests of motorists who are suffering damages resulting from ‘Dieselgate’. Our aim is that these motorists will be compensated for these damages. We also strive that car manufacturers will guaranty that in the future, affected motorists can continue to utilize their vehicles with as little as possible adverse consequences.
The boards
The foundation is controlled by the Board of Management, as well as the Supervisory Board. The Board of Management consists of chairman Fausto Pocar (former president of the Yugoslavia Tribunal), Guido van Woerkom (former CEO of the Royal Dutch Touring Club (ANWB)), and Arie van der Steen (accountant and CFO of various private companies). The Supervisory Board consists of Marten Oosting (former Ombudsman and former member of the State Council), Hans de Savornin Lohman (attorney-at-law and deputy judge at the Court of Appeal of The Hague) and Jan Zielonka (Professor of Politics and International Relations at the University of Oxford and Venice).
The foundation conducts its activities strictly in line with the principles of the Claimcode. The Claimcode is a code of conduct, focused on the solid and independent functioning of collective interest organizations. In our annual reports, you will find more information about how we comply with the Claimcode.
Our boards make every effort to involve you, as a participant of the foundation, as much as possible in the decision-making process on important issues. We do this, for example, through surveys about the (user) experiences of motorists like you. We also regularly invite participants to participate in Webinars of the Foundation. Further, we continuously answer questions regarding the diesel emissions scandal; via the communication page on this website or directly via e-mail (info@stichtingcarclaim.com). Will it come to a settlement? Then obviously, we first ask our supporters for their opinion about the conditions of a possible settlement agreement.
Frequently Asked Questions
-
Dieselgate is a worldwide scandal that has affected millions of motorists. In many countries, organisations are fighting for the interests of motorists. The Car Claim foundation strongly encourages this and cooperates in some countries with several of these initiatives (e.g. Germany, Austria, Switzerland and the United Kingdom). The Car Claim foundation is the first organisation in the Netherlands to initiate collective action proceedings against a car manufacturer on behalf of duped motorists. In doing so, we are playing a pioneering role in the fight against fraudulent behaviour by car manufacturers.
Authorised representative
Because it is important that your interests are properly safeguarded, the court has examined whether the Foundation meets the high-quality standards that have been agreed in the Netherlands. In doing so, the court looked at, among other things, the expertise of our board, the professionalism of our advisors, the communication with our members, and the level of financial compensation that we ask from our participants (in case of success).
The Court ruled on 20 November 2019 that Car Claim Foundation meets all these high standards. At this moment, the Foundation is the only initiative in the Netherlands that has been acknowledged by the court to represent the interests of duped motorists. But: there are other important points that distinguish Car Claim foundation from all other initiatives. We have listed the most important advantages.
Lowest cost allowance
Transparency is one of Car Claim foundation's guiding principles. We believe it is important that you, as a participant, know where you stand. Will a settlement be reached with Volkswagen or Mercedes-Benz? Or has the court (possibly in individual subsequent proceedings) awarded damages? Then our foundation asks for no more than 25 per cent of this as compensation. All costs are included in this compensation. This includes the costs of the lawyers involved and the litigation financer.
So you know exactly where you stand, with no surprises afterwards. The more motorists who have joined us, the higher the amount that will be paid out to injured motorists. The foundation has learned that injured motorists have to pay high compensation amounts to other claim initiatives at home and abroad, sometimes as much as 35 percent. For you, as an injured motorist, the amount you might receive is therefore much lower than with our initiative. The initiative of Car Claim foundation is therefore also the best alternative from a financial point of view.
Cooperation with other interest groups
The Car Claim foundation co-operates with similar initiatives in the Netherlands and abroad. This way we are aware of all important developments and have important information to bring the procedure to a successful conclusion. Did you buy your car outside the Netherlands? If so, we will refer you to one of our European partners, so that they can represent your interests.
Track record of proven effort
It is not only in the Netherlands that we play a pioneering role. We are regularly invited to information meetings with all major consumer, environmental and social health organisations to share our knowledge and to join forces wherever possible. We also regularly speak to politicians in the Netherlands and members of the European Parliament in Brussels about a total solution to the persistent diesel problem. In doing so, we represent the collective voice of all affected European motorists.
Does it matter if I am already a member of another foundation?
You are always free to join Car Claim foundation. However, we advise you not to join another foundation at the same time. Participation in other initiatives is often not free of charge. Also, you are often confronted with hefty (cancellation) conditions. Are you already registered with another foundation? And would you like to join our initiative? Then we advise you to terminate your registration with the other foundation.
-
Under the heading ‘About us’ you will find more information about the internal structure of the foundation. You can also consult the foundation’s articles of association here for more information.
-
You can find our Privacy Policy here.
-
No. Every individual car owner who joins us will remain the owner of his or her claim. If a car manufacturer makes an actual compensation offer, every individual car owner will be free to decide whether or not to agree to it.
-
The foundation strives to achieve the best possible compensation for you as an injured motorist. Do we reach a settlement? Then we try to recover our costs from the car manufacturer and the other parties involved, by making them part of such a settlement. Is this not possible? Then we withhold a maximum of 25% from the compensation that is offered to the injured motorists. We use this amount to cover the costs and risk of the foundation’s litigation funder (Vannin Capital).
The percentages used have been well thought through. They are in line with a reasonable compensation as referred to in the Claimcode 2019 and are lower than other initiatives in Europe. In short: your interests are paramount! How much the compensation is? That depends on the settlement terms and other various factors, such as the number of motorists who participate in a possible settlement. Therefore, at this time, it is not possible to make any further statements on this.
The members of the Management Board receive a fee for their services to the Foundation. For meetings of the Management Board or joint meetings with the Supervisory Board, our board members receive a fee of EUR 1,000 (excluding VAT) per day attended. For additional services related to the activities of the Foundation, members of the Management Board are entitled to a fee of EUR 175 per hour excluding VAT. The total remuneration received by the members of the Management Board together in 2019 amounts to EUR 17,960 (including VAT). Travel and other reasonable expenses are also reimbursed.
The total remuneration that the members of the Supervisory Board received together in 2019 amounts to EUR 10,502 (including VAT), consisting of a reasonable reimbursement of expenses and a so-called attendance fee for meetings of the Supervisory Board or joint meetings with the Management Board of EUR 1,000 (excluding VAT) per day attended.
-
Please send us an e-mail stating your name, car model, the year of manufacture of your car, VIN- and/or registration number, and phone number. We will then notify you as soon as we can about your application and whether you are eligible for a claim.
If you are driving a Volkswagen, Skoda, Audi or SEAT diesel car, you can use the VIN-module on our homepage.
-
Yes, that would be possible.
-
Yes, that is possible. Either by logging into your account, or by sending an email with your request to info@stichtingcarclaim.com.
-
The lawsuit in the Netherlands against Volkswagen c.s. does not apply to affected car owners outside the Netherlands. The lawsuit against Mercedes-Benz can possibly apply to affected car owners outside the Netherlands, if the Amsterdam Court allows foreign car owners to actively join the collective proceedings against Mercedes-Benz. The proceedings against Mercedes-Benz could therefore only affect you if you would actively join the Dutch lawsuit.
For non-Dutch car owners who also want to initiate legal proceedings against Volkswagen or Mercedes-Benz and who are not able to join the Dutch proceedings, our Foundation works together with various partners in Europe, including a partner in Germany. We can help you to easily get in touch with our partners in your country. If you are interested in this, let us know through info@stichtingcarclaim.com. We would be happy to refer you.
-
We have daily contact with (European) political institutions, environmental and health organizations, consumer organizations and the (German) car industry. In the Netherlands, we actively consult with parties such as the Consumers Association (Consumentenbond) and the Royal Dutch Touring Club (ANWB).
-
The website www.derclaim.nl focuses on injured car owners in the Netherlands and the Dutch procedures initiated before the Amsterdam District Court against Volkswagen c.s. and Mercedes-Benz c.s. The Volkswagen-proceedings are solely accessible for affected Dutch car owners. The Mercedes-Benz-proceedings are accessible for affected Dutch car owners, and possibly also for non-Dutch affected car owners. The Amsterdam Court will decide at a later stage whether it also allows non-Dutch car owners to actively join these proceedings. The foundation's website www.stichtingcarclaim.com focuses on all European injured diesel car owners.
-
The foundation will not initiate legal proceedings outside the Netherlands. If you want to start a procedure in your own country and if you need help, the foundation can refer you to one of its partners.
-
The Foundation does not provide legal advice to individual victims. However, you are welcome to send an email to info@stichtingcarclaim.com. We may be able to refer you to one of the other agencies we work with.
-
You can send an email to info@stichtingcarclaim.com. We will contact you as soon as possible.
-
No. If you want to be certain that your claim does not expire, be sure to validly interrupt the limitation period regarding your claims under the laws of your own country. In many countries, the prescription period can only be interrupted by starting or joining a legal procedure.
-
No, that is not necessary. Your registration with Der Claim is sufficient.
Compliance
-
The 2021 annual report of Stichting Car Claim can be viewed through this link.
-
The 2020 annual report of Stichting Car Claim can be viewed through this link.
-
The Claimcode overview of 2020 can be viewed through this link.
-
The 2019 annual report of Stichting Car Claim can be viewed through this link.
-
The Claimcode overview of 2019 can be viewed through this link.
-
The 2018 annual report of Stichting Car Claim can be viewed through this link.
-
The Claimcode overview of 2018 can be viewed through this link.
-
The 2017 annual report of Stichting Car Claim can be viewed through this link.
-
The 2016 annual report of Stichting Car Claim can be viewed through this link.
-
The statutes of Stichting Car Claim can be viewed here (English starting page 15).