Calculate the amount of damages in the Fiat Ducato diesel scandal
In the absence of a supreme court ruling in the Fiat camper diesel scandal, consumer compensation has not yet been conclusively clarified. The decision of the ECJ is eagerly awaited in connection with the diesel emissions scandal. Click here for an overview of the positive case law in the Fiat Ducato emissions scandal and here for the latest statement by the Munich Higher Regional Court.
It therefore remains questionable exactly how the possible amount of damages in the Fiat Ducato diesel scandal will be calculated.
According to the current state of knowledge (October 2022), three variables in particular must be taken into account as decisive reference points when calculating the amount of damages in the Fiat Ducato diesel scandal:
- The gross purchase price
- The mileage of your vehicle at purchase
- The current mileage of your vehicle
It is also important what total mileage is to be assumed for your Fiat Ducato motorhome. So how many kilometers your motorhome will drive in total in its lifetime.
As a rule, a mileage of at least 250,000 km can be assumed, but some courts have also assumed 300,000 km (most recently the OLG Munich in a reference decision) or even up to 500,000 km.
Once you have found out this data, the expected compensation can be estimated accordingly. The amount of damages is made up of the refund of the purchase price minus a compensation for use. The amount of compensation for use to be paid by you depends on the amount of kilometers you have driven.
The compensation for use that you must take into account in the diesel scandal proceedings is calculated by dividing the gross purchase price of your vehicle by the expected total mileage and multiplying it by the kilometers you have driven.
Calculation of compensation for use in the Fiat Ducato emissions scandal
(Gross purchase price x kilometers driven) / (expected total mileage) = compensation for use
Once you have calculated the compensation for use to be paid by you, the compensation for damages can be determined quite easily. All you have to do now is deduct the compensation for use from the gross purchase price you paid to calculate your damages in the emissions scandal.
Thus, the calculation of damages works as follows:
Gross purchase price - compensation for use = damages
The indemnity obtained in this way is of course only valid for cases in which indemnity is sought under return of the vehicle.
In principle, it is also possible to claim a certain reduction in value (percentage of the purchase price) as compensation.
The compensation shall be increased, if necessary, by an amount paid for expenses (additional equipment).
However, you can also calculate the damages you can expect in the diesel scandal quite simply and without obligation using our damages calculator . It is important to note here that the damages estimated by the calculator are only intended to serve as a point of reference in the Fiat Ducato emissions scandal and do not represent a legal assessment.
