The VW scandal has raised many issues in the UK and is taxing many lawyers as to the remedies VW Owners are entitled to.
The most obvious at this early stage is to claim VW compensation for the potential resale loss of the vehicle when it is eventually sold to a new owner or garage. The issue now of course is what that actual loss will be. The general rule is the higher the value of the VW vehicle the greater the loss.
However what that loss will be is subject to various variables for instance:
- Purchase price
- Age of vehicle
- Mileage of vehicle
- Condition of vehicle
- Number of any previous owners
- Selling privately or part-exchange
The criteria will be similar to selling a car in the usual way but this time the VW owner has the added burden of selling a diesel that has been involved in a scandal. The true picture of the extent of the loss will only become clear once the recall process has been undertaken by VW. Only then will Solicitors acting for VW owners be able to advise upon the extent of the loss of value of the vehicle and other potential losses.
VW Scandal – The Claim Process
It is a little too early at this stage (October 2015 when this page was written) to suggest and even advise upon how the claims will proceed. It is our view that VW compensation will be available, the question is how much?
If VW agree to compensate their Owners or if their solicitors are forced to commence court proceedings and the court decides if compensation is available, the claim process will proceed as a Class Action. It has to be a Group or Class action due to the possible numbers invovled. If everyone affected commenced court action, it will clog up the legal system!
The most important aspect of quantifying the levels of compensation available to VW Owners will be the need for solicitors to obtain expert evidence.
The experts will consider the financial implications for VW Owners as a result of the VW Scandal and the losses they may incur. The aspect of each loss will be in a form of a matrix or computer model to enable quick and easy settlements of each and every case.
Our Principal Solicitor, Ronnie Hutcheon, suggests a 5 stage process that may happen if VW compensation is payable via a type of Class or Group Litigation Action as hereunder: –
1.”A sample of ‘test cases’ will be selected to represent all VW Owners so that every conceivable loss and claim can be considered so that a matrix can be applied to the remaining Group of VW owners who are waiting in the wings to be compensated.
2. All heads of losses will have to be agreed. What I mean by this is that depending on the make of the vehicle, the model, purchase price, age, condition etc (hereinafter “VW variables”) the vehicle owner will obtain a fixed amount of compensation for the possible loss on the re-sale.
3. Any other losses will also have to be agreed and fixed. Again this will be determined by the VW variables. Other losses will be to reflect any issues about fuel increase, performance levels of the vehicle etc.
4. Other issues regarding possible awards could be an additional lump sum payable to the VW Owner for being misled by VW, in particular if the VW Owner paid a premium price for the car because they believed they were buying a ‘greener’ vehicle.
5. I also query (and I am looking into this head of claim) whether any aggravated damages can be payable or even if the VW Owner feels so strongly about the VW Scandal that they can demand a full refund.
It is really difficult to predict at this early stage but time will reveal more and lawyers will be in a better position to advise on the VW scandal.”
VW SCANAL – COMPENSATION
Want to know more and to register your VW Class Action claim? Please click on the link below to claim.