Search Results
Statute of Limitations
Before you decide to file a complaint, you need to consider whether you can succeed.
According to the law, you have three years to file a complaint, but three years in relation to WHEN? When does the deadline start?
You have three years from when you KNEW or OUGHT TO HAVE KNOWN that you had the right to compensation, a price reduction, to void the sale, and more.
The Dieselgate case
A very interesting example is the Dieselgate complaint case, where we work to ensure that affected car owners receive the compensation they are entitled to after Volkswagen's emissions fraud. I have been working on this case since 2016.
A natural question then arises: If I have been working on the case since 2016, how can it still be possible to file a claim for those who have not already done so?
The answer is quite simple: You could NOT HAVE KNOWN that you had the right to compensation before 11 November 2022.
In fact, it has been the case in Norway that those with responsibility / authority have consistently claimed that affected car owners do not have the right to compensation, but only to have the car repaired. Volkswagen, represented in Norway by Harald A. Møller AS, NAF and the consumer authorities have claimed this ever since the scandal became known in 2016. Therefore, consumers could not have known that they had the right to compensation.
I have been the only one to assert that affected car owners have the right to compensation. I have pointed to regulations and agreements in other European countries, statements from the EU Court of Justice and the EU Commission, but the NO side has not changed their position.
The PROOF that affected car owners have the right to compensation only came on 11 November 2022. That is when we received a letter from Europe's top consumer authority, which clearly states that affected car owners also have the right to compensation, in addition to having the car repaired.
Therefore, 11 November 2022 is the first time one COULD HAVE KNOWN that they had the right to compensation. However, the letter was sent to me personally and is available through the Bilklager website.
You cannot expect people to KNOW they have the right to compensation, just because I have published the proof on the Bilklager website.
Therefore: The point in time when YOU should or could have known that you had the right to compensation, is the day you were informed about it—whether someone told you or informed you in some other way. From THAT point, the deadline starts running for you.