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Diesel scandal: How affected VW owners can get money back

2020-05-29T20:35:53.768Z


After the manipulation of VW engines in the diesel scandal has been exposed, many buyers have the right to compensation - but this is not guaranteed


After the manipulation of VW engines in the diesel scandal has been exposed, many buyers have the right to compensation - but this is not guaranteed

  • Over four years after the diesel exhaust scandal , some buyers are still waiting for refunds.
  • However, compensation is not guaranteed for all those affected.
  • For a man from Leverkusen, for example, one detail speaks against a deliberate deception by VW.

With the judgment of the Federal Court of Justice on May 25, it was determined for the first time by the highest judge that the Volkswagen had deliberately harmed its customers in a way that was immoral. This is the breakthrough for many diesel claimants - even if there are still questions.

Diesel scandal: VW is obliged to pay compensation

It was undisputed that VW * equipped illegal vehicles with millions of vehicles. With the BGH ruling it is now clear: The group is therefore obliged to pay buyers complaining . VW not only systematically misled the authorities, but also behaved "particularly reprehensibly" towards customers. They would have chosen a VW diesel with complete confidence - and actually got a car that was "not fully usable". There was always the risk that the dizziness would be exposed and the Federal Motor Transport Authority (KBA) would pull the cars out of the traffic.

What exactly does the compensation look like? Basically, VW has to undo the purchase, i.e. take back the car and refund the money paid to the customer . This even applies to second-hand cars. However, the BGH ruling takes into account that the buyers drove the car for some time and thus benefited from it. You must allow this usage to be credited. So it doesn't return the full price . The money is also not poured out to everyone affected by the watering can: Only customers who have sued VW and whose proceedings are still pending can receive compensation .

Read also : Fine is imminent: Most drivers behave incorrectly with the green arrow .

Diesel scandal: Which VW owners are entitled to a refund?

Plaintiffs like Herbert Gilbert from Rhineland-Palatinate, whose case has now landed first before the BGH judges. In 2014 he bought his VW Sharan from a free dealer , used, for just under 31,500 euros. When the diesel scandal was exposed in autumn 2015, he felt deceived. There is also an EA189 engine in his car, the illegal technology of which ensures that the car only complies with the emission limits on the test bench and not on the road. So he sued VW . Had he known that, he would never have bought the Sharan, he says.

Gilbert's car didn't drive much. When purchased, it has 20,000 kilometers on the odometer. When the Higher Regional Court (OLG) Koblenz heard its case in 2019, it was a good 72,000 kilometers. The OLG judges assume that the Sharan would cover a mileage of 300,000 kilometers. From these values, they calculate the so-called user compensation, in this case just under 5,900 euros. This sum will be deducted from the purchase price. The bottom line is that Gilbert is awarded around 25,600 euros in damages . But this amount is probably an exception, since many plaintiffs have covered many more kilometers with their cars. That means higher deductions for customers - and lower costs for VW.

Diesel scandal: Refunds to those affected are not guaranteed

A man from Leverkusen sued the Volkswagen group for a refund of the purchase price against returning the vehicle after he bought a used VW Passat * in March 2016. He was deceived about the engine software. However, the Cologne Higher Regional Court (OLG) ruled that the man is not entitled to a refund  - for a simple reason.

VW buyer wanted money back due to diesel scandal

The Leverkusen lawsuit was dismissed in the first instance by the Cologne Regional Court. The reason was doubt that the plaintiff did not know about the manipulated engines at the time of purchase . The diesel scandal and the associated media attention started in autumn 2015. The Leverkusen-based company only bought the VW Passat about six months later. However, the plaintiff did not want to accept the judgment of the Cologne Regional Court and went to the Higher Regional Court.

There, however, he admitted that he had already heard about the exhaust gas scandal via the media and asked the seller during the sales conversation whether the vehicle was affected. The seller had advised him of the possibility of having a software update carried out later. The plaintiff then bought the car.

( Editor's note : An earlier version of the article said that the plaintiff "made a mistake" when he admitted to already knowing about the exhaust gas scandal. This wording was misleading because it was not a mistake, since the plaintiff was only telling the truth. We corrected that.)

Also interesting : exhaust gas scandal: is my VW diesel also affected?

The court therefore assumed that the plaintiff's briefs, as used in a variety of other cases, would be used as a model. It said that he had no knowledge of the diesel exhaust scandal. "Anyone making claims for the first time because of their EA-189 diesel is too late because of the statute of limitations," says ADAC legal expert Markus Schäpe.

The Cologne Higher Regional Court (ruling of March 17, 2020, Az. 25 U 39/19) therefore decided that the Leverkusen company was not entitled to any compensation. Although the software manipulation by VW may have been a deliberate immoral deception, it only provides compensation if the buyer did not know about it.

Also read : Exhaust gas scandal and CO2 problem: An overview of the most important information.

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with material from dpa / fk / ec

* tz.de is part of the nationwide Ippen-Digital editors network.

Source: merkur

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