Despite the huge dollar amounts at stake in the litigation over the Volkswagen diesel emissions scandal, settlements may come quickly due to the lack of much to argue over.
Volkswagen has for all practical purposes admitted liability for deceptively building and selling cars designed to trick emission testing equipment, Automative News reported.
The final VW clean diesel class action settlement amount could depend on whether Volkswagen has to pay only for the premium it charged for what was supposed to be a lower-emissions vehicle — an estimated value of $1,000 to $7,000 per vehicle — or whether the company will have to buy back the cars entirely.
Some projections of a final settlement amount range from $1.5 billion to $8.9 billion. Volkswagen is reportedly seeking 20 billion euros in bridge financing to cover the cost of the scandal.
The VW scandal began in September 2015 when it was revealed that Volkswagen had installed software in certain diesel engines that was purposely programmed to trick emission testing equipment – a so-called “defeat device.”
During everyday driving, the defeat devices allow these engines to emit several times the allowable levels of certain diesel emissions. It’s estimated this defeat device was installed in as many as 567,000 vehicles sold in the U.S.
Today there are over 490 Volkswagen emissions lawsuits pending. In addition to that private civil litigation, there will likely be criminal and regulatory penalties the company will have to pay.
The Volkswagen MDL
Most recently, the federal Judicial Panel on Multidistrict Litigation ordered the creation of a multidistrict litigation to consolidate Volkswagen lawsuits within the federal court system. These claims will be transferred to a federal court in San Francisco to be overseen by Senior U.S. District Judge Charles Breyer.
The multidistrict litigation, or MDL, will allow coordination of pretrial procedures in all these Volkswagen lawsuits so that they proceed more efficiently and decisions are made more consistently.
Volkswagen had sought to transfer the cases to either Detroit or Virginia. But the panel explained its choice of California as the venue for the MDL by noting that California has the most affected vehicles and dealers. They also noted that almost one-fifth of the existing Volkswagen lawsuits are already in California courts.
In addition to the owners of the affected vehicles, the plaintiffs in these Volkswagen lawsuits also include Volkswagen dealerships and former customers who leased vehicles with the defeat device.
The plaintiffs’ allegations are based on theories of fraud, false advertising, breach of warranty, and deceptive trade practices. The apparently purposeful nature of Volkswagen’s actions could also lead to much larger damage awards under certain consumer protection laws that provide for punitive damages in cases of fraud or deceptive trade practices.
For affected VW owners in the U.S., Volkswagen has already made a goodwill offer of $1,000 in dealer credits and debit cards, plus three years’ worth of free roadside assistance. The offer is supposedly made with no strings attached, but plaintiffs’ attorneys are urging their clients not to accept the offer just yet.
Join a Free Diesel Emissions Class Action Lawsuit Investigation
If you owned or leased any of the following Volkswagen diesel, Audi diesel or Porsche diesel vehicles, you may have a legal claim and could be eligible for compensation by joining a free class action lawsuit investigation:
- 2009-2015 Volkswagen Jetta
- 2009-2015 Volkswagen Beetle
- 2009-2015 Volkswagen Golf
- 2009-2015 Audi A3
- 2012-2015 Volkswagen Passat
- 2014 Volkswagen Touareg
- 2015 Porsche Cayenne
- 2016 Audi A6 Quattro
- 2016 Audi A7 Quattro,
- 2016 Audi A8
- 2016 Audi A8L
- 2016 Audi Q5
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