Damage compensation for diesel drivers

Damage compensation for diesel drivers

Exhaust emissions scandalThe diesel exhaust emissions scandal is the biggest economic scandal of the republic. Millions of vehicles were sold with illegal defeat devices. Starting with the VW Group, it has become clear in recent years that many automakers have manipulated regulatory emissions tests through fraudulent actions. Thus in vehicles the nitrogen oxide values (NOx) were wrongly indicated. The official tests were deliberately manipulated so that the vehicles could be put on the market at all.

Following further investigations at VW, Audi, Seat and Skoda, VW CEO Martin Winterkorn announced on 20. September 2015 a comprehensive clarification an. However, it remained only with this announcement. On 23. September 2015 and thus three days after this promise, Winterkorn resigned as VW CEO. Neither the affected engines nor the vehicle models covered by the scandal have been named. Later, the company tried to reduce the accusations to the EA189 engine and admitted that it had made a "mistake" there. Despite these claims, several models were subsequently recalled by the German Federal Motor Transport Authority (KBA). Like the VW Group, Daimler AG is playing for time. Attempts to minimize the damage by providing inadequate information. Nevertheless, Daimler has also had to recall countless Mercedes vehicles since 2018. Although the KBA has repeatedly uncovered illegal defeat devices and ordered large-scale recalls, Daimler now wants to lure Mercedes drivers with 100.00 Euro vouchers for allegedly voluntary software updates. Daimler is thus trying to persuade as many drivers as possible to update before the KBA issues further mandatory recalls. This is how Daimler hopes to avert many claims for damages.

The updates are not able to eliminate the defects in the vehicles. The KBA has failed here once again. Under the title "A software update that makes dirty", the editors of Frontal21 have once again revealed that the updates currently waved through by the KBA in vehicles obviously do not optimize the exhaust values, but make them worse. In the broadcast of 21.01.In 2020, the ZDF editorial team has once again exposed the dirty game of the car companies. Tests have been carried out by experts which show without a doubt that the KBA continues to cheat and accepts all updates from the car companies without testing whether they improve or worsen the emissions problem.

Due to the illegal defeat devices, there is still a risk of an operating ban for affected diesel vehicles pursuant to Section 5 of the German Vehicle Registration Ordinance (FZV), even after software updates have been installed.

The emissions scandal means an economic disadvantage for everyone affected. After the diesel scandal was uncovered, diesel vehicles, regardless of make and type, have lost significant value. Nevertheless, car manufacturers in Germany refuse to pay compensation to motorists. Even in court proceedings, it continues to be asserted, contrary to the truth, that there is nothing wrong with the vehicles. At the same time, it is claimed that all motorists were informed via the media in 2015 at the latest. The carmakers are now trying to use the statute of limitations defense to escape tort liability. Volkswagen AG did not get far with this either.

Numerous courts have in fact ruled that the three-year limitation period does not begin to run until an accurate assessment of the legal situation is possible for the parties concerned. In the cases of exhaust gas manipulation in connection, there is still no supreme court decision by the Federal Court of Justice and thus no event that triggers the start of the statute of limitations.

This is how car drivers who file a lawsuit can claim damages. Every owner can assert his rights against the respective car manufacturer by filing a lawsuit. Even if several years have already passed since purchase. Regardless of the warranty period or the guarantee. We have already checked thousands of vehicles. Successfully led hundreds of lawsuits against the large car companies. Even with vehicles that were purchased more than 10 years ago, for example, we were able to achieve high compensation payments for our clients.

Moreover, more than 400.000 motorists joined the VW model declaratory action. With the Musterfeststellungsklage courts should be relieved. In mass proceedings, motorists should be able to assert their rights. Volkswagen has now reached an agreement with the Federation of German Consumer Organizations (vzbv) in these proceedings. Accordingly, VW wants to pay out between 1350 and 6257 euros in damages to owners, depending on the age, mileage and purchase price of the car, if the vehicle is sold before the 01.01.Was purchased in 2016. A further prerequisite is that the vehicle purchased has an EA189 engine, the person concerned was resident in Germany when the vehicle was purchased and has not filed an independent complaint against VW. These and other conditions will mean that more than half of the plaintiffs will go home empty-handed. But the VW scandal is more than that. Also, the settlement amounts offered are significantly lower than those obtained in an individual lawsuit.

With an individual action, the repayment of the entire purchase price can be requested against return of the vehicle. Alternatively, compensation payment up to more than 10.000 EUR in consideration. Motorists also need to know that on 05.05.2020 A decision by the German Federal Court of Justice (BGH) on the emissions scandal is pending. Volkswagen therefore wants to conclude the settlements before the BGH decision, because VW fears that the decision will strengthen the rights of motorists even more.

Therefore, owners should now seek legal advice before contacting VW and taking further steps. We will check what amount you are actually entitled to and explain to you how you can obtain a better offer. Only in a few exceptional cases the acceptance of the settlement is profitable. Unlike in the class action basin, we examine your individual claim. This check is free of charge for you. Motorrechte has already checked thousands of vehicles. Hundreds of proceedings against the major car companies successfully conducted. We are highly specialized in this field and continue to enforce our clients' rights against the major car manufacturers such as VW, Audi, Seat, Skoda, Porsche, Mercedes and other manufacturers. The way of manipulations are different. Also, the corporate strategies of the car manufacturers are very different and constantly changing, so that the litigation tactics have to be adapted quickly. Motor rights is always looking to anticipate these changes in counterparties. You can use our online check to find out free of charge whether you are entitled to any claims and, if so, which ones.

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