After the Manipulation of the engines of VW are flying in the diesel scandal, have many buyer the right to damages - however, this is not guaranteedfour years after Diesel exhaust scandal some buyers waiting for refunds still to return. A compensation, however, is not guaranteed at all to be Concerned. In the case of a man from Leverkusen, for example, speaks of a Detail, namely, against a deliberate act of deception by VW.
With the judgment of the Federal court of justice of 25. May is first established by the Supreme court that the Volkswagen has harmed its customers with intent is immoral. For many Diesel-plaintiff is a breakthrough, even if there are still open questions.
diesel scandal: VW is obligated to damage compensation
it was Undisputed that VW* has equipped millions of vehicles with illegal exhaust systems. With the Supreme court ruling and is now, The group is committed to suit the buyers, therefore, compensation . VW have not only the authorities systematically deceived, but also to the customers "particularly reprehensible" behavior. This would have been chosen in confidence for a VW Diesel and a car actually not get that was "fully usable". There have always existed the danger that the hoax is discovered, and the Kraftfahrt-Bundesamt (KBA), moves the cars out of the traffic.
How exactly does the compensation look like? basically, VW needs to make the buying back, so take back the car and the client money refund . This is true even for second-hand cars second-Hand. However, the Supreme court ruling takes into account that the buyers have driven the car for some time, and thus benefited from it. This use must be credited. There are not so full price . The money is not distributed with the watering can to all those Affected: compensation for damage can only get the customers, have already sued and the process is still running.
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diesel scandal: What VW owners have the right to a refund?
plaintiffs such as Herbert Gilbert from the Rhineland-Palatinate, whose case has now landed as the first in front of the Supreme court judges. the His VW Sharan, he buys of 2014 of a free trader , used, for around 31.500 euros. As in the autumn of 2015, the diesel scandal blows up, he feels deceived. Also in his car, a Motor of the type EA189, whose illegal technology ensures that the car complies with the exhaust emission limits only on the test bench and not on the street's. the So he sued VW . If he had known, he would have bought the Sharan never, he says.
Gilbert car is not driven much. When buying it has 20,000 kilometers on the odometer. As the higher regional court (OLG) Koblenz negotiated his case, in 2019, it is good for 72,000 miles. The OLG judges assume that the Sharan would bring it to a mileage of 300,000 kilometres. From these values, calculate the so-called compensation for Use, in this case, just under 5,900 euros. This sum will be deducted from the purchase price. The bottom line is that Gilbert gets so approximately 25,600 Euro in damages awarded. However, this amount is probably an exception, since many of the plaintiffs have placed their cars a lot more miles. That means higher deductions for the customer and less cost for VW.
diesel scandal: refunds in the case of those Affected are not guarantees
A man from Leverkusen sued the Volkswagen group to a refund of the purchase price against return of the vehicle after he had bought in March of 2016, a used VW Passat*. He had been deceived about the motorization software. The Oberlandesgericht Köln (higher regional court) decided, however, that the man no refund is entitled to - for a simple reason.
VW-buyer wanted to return because of diesel scandal money
The action of the Leverkuseners was already in the first instance by the regional court of Cologne dismissed. Basic doubt this was not that the plaintiffs about the rigged engines at the time of purchase didn know . The diesel scandal and the resulting media attention began in the fall of 2015 its the beginning. The VW Passat of the Leverkusen bought only about a year and a half later. The judgment of the district court of Cologne, the plaintiff did not want to accept, however, and moved in front of the higher regional court.
he admitted, however, to have already been through the media of the exhaust gas scandal and the seller during the sale conversation, you asked whether the vehicle was affected. The seller had alerted him to the possibility of later running a software update. As a result, the plaintiff bought the car.
( editors ' note : an earlier Version of this article stated that the plaintiff had "made a mistake", as he have given to know already from the exhaust gas scandal. This formulation was misleading, as it was an error, as the plaintiff said only the truth. This we have corrected.)
interesting : the exhaust gas scandal: Is concerned, my VW Diesel too?
The court was, therefore, a model formulation in the pleadings, of the firm of the plaintiff, in a variety of other cases is used. It stated that he had no knowledge of the diesel exhaust gas scandal. "Who now, for the first time because of his EA-189-diesel's claims due to Statute of limitations too late," says the ADAC, the German legal expert Markus Schäpe.
Therefore, the higher regional court of Cologne decided to Urt (. v. 17.3.2020, Az. 25 U 39/19), the Leverkusen, no compensation is entitled. Although it was in the software manipulation by VW may be a deliberate immoral deception, however, they constituted only a claim for damages, if the buyer knew nothing about it.
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