so Far, only a few owners of fraud-diesel cars have brought. The prospects of success are mixed. After all, there are already numerous cases in which the owner of a VW diesel to be successful in the return of their cars have obtained. Finally, the group was transferred officially to the exhaust of fraud and has many of the judges are bad cards. Who gives his car back, gets back the purchase price, but in General, a use compensation to subtract.
compared to the risk for VW minimize
when a court in the first instance indicates that it is the plaintiff’s right, VW comparisons in order to minimize another risk of litigation. The strategy behind this: to prevent In any case a higher instance of judgment. The plaintiff withdraws the suit and may give the car to VW to return, to further instances of lawsuits. private VW is trying to compare before the court with appellant VW customers. A Central point is the use of compensation to pay for the customer (excerpt from a settlement offer)
FOCUS Online is one such comparison is for the first time, the normally remains strictly confidential. "The settlement agreement was submitted, after the first instance signaled by the court to the complaint of our client, instead of enter", says lawyer Michael Winter, the car represents owners in the exhaust gas scandal. Winter advises not to accept such agreements: "Who was cheated by VW in the Diesel scandal, already obtained by such a settlement agreement, a real Chance to be re-taken for a ride", and believes the Winter. He can negotiate for his clients so far, much better conditions.
This is really in the VW to Compare
The comparison is not only with Volkswagen, but also with a company called Vehicle Trading International (VTI), which is represented by the law firm Freshfields. The contract contains various Details on the withdrawal of the vehicle; such that the is carried out at a VW-partner operating in the vicinity of the place of residence of the plaintiff. The repayment of the purchase price within four weeks after the creation of a "settlement sheet" due and payable. The owner of the vehicle must have been made to sign that the car has no "substantial damage" and not ", or alterations". As considerably VW defined damages in the amount, a total of more than 1500 euros, or five percent of the purchase price. private settlement agreement with VW: Who gives their car back, is to confidentiality
5001 Euro penalty
With the signing of the comparison required must commit all the parties to secrecy. The plaintiff does not comply, 5001 euros penalty is due and VW reserves the right to "assertion of further damage".
While some of the agreements in such comparisons is quite common, which contains cords of the offer in the view of lawyer Michael Winter, numerous case:
mileage: use of the compensation will be payable and refunded the purchase price deducted, because the buyer has driven the car for a few years. So far, So comprehensible. The amount of compensation is calculated, but according to the expected total mileage of the car. The lower the is, the better it is for VW. The manufacturer expects the life of his cars so artificially small in the space of only 200,000 kilometers were even once – so he can get the owners a higher compensation. "to calculate The required compensation for Use due to a total mileage of only 250.000 kilometers, taken advantage of every Injured party. From the court of the district of the higher regional court of Stuttgart and the higher regional court of Cologne decisions are known, according to which the mileage of such cars to 400,000 or even 500,000 km. In the calculation of the compensation for kilometers driven an individual is made open, in my opinion, aware of the poor", says Michael Winter.Damage: "In the context of a return of a vehicle is often sought to charge the former owner or lessee with costs resulting from alleged damage to the vehicle – although these damages are only General wear and tear", Winter. Therefore, it was also offered at this point, caution.Cost rate: a cost compensation scheme in the event of the court costs, keeps the Winter is not acceptable: "Why should involved a plaintiff who will win the first instance, a cost of lifting (which means that each party bears their own legal costs own costs and the court will be halved fee)?" cattle-man in A VW Tiguan. VW has now admitted for the first time, which is the life, the company is expecting an average of a new car, Potential data disclosure to appraisers, buyers, auditors
Also the comments on confidentiality and data protection a legal expert looks critical. Thus there is provided in the FOCUS Online this comparison, for example, that personal data of the plaintiff "may be used as necessary" given not only to the VTI, but also to "from the Volkswagen AG service providers commissioned" for data processing – in addition to reviewers, buyers of cars and auditors. "Reads one, with whom data of applicants/Affected can be shared, I have, as lawyers, the hackles on", says lawyer Winter.
VW does not recognize the own was still in
Significantly, a Detail from the contract is. An essential point of comparison is, that the plaintiff waives all claims that may arise in the context of fraud Software as well as their removal by the controversial VW Update . Although VW was officially transferred to the exhaust gas fraud and a billion in fines in Germany and much higher fines in the United States had to pay, says the group is still twee of a vehicle’s built-in "shift logic" instead of the proven shut-off facility. In the three years of the exhaust gas scandal has changed on the wrong consciousness of the group, so apparently nothing: There is none.
VW comparison Vehicle Trading International VTI exhaust scandal