Volkswagen Dieselgate Class Action: Can You Still Make A Claim?

The Volkswagen Dieselgate scandal, also known as "Dieselgate," erupted in September 2015 when the Environmental Protection Agency (EPA) discovered that Volkswagen had installed illegal software, known as "defeat devices," in their diesel vehicles. These devices allowed the cars to cheat on emissions tests, showing compliance with environmental standards while actually emitting up to 40 times the legal limit of nitrogen oxides (NOx) during regular driving. This revelation led to a series of investigations, lawsuits, and settlements that have cost Volkswagen billions of dollars.

The scandal had a significant impact on Volkswagen's reputation and financial standing. The company faced multiple lawsuits from regulators, consumers, and investors worldwide. The revelations also led to increased scrutiny of the automotive industry and raised concerns about corporate ethics and environmental compliance. As a result, Volkswagen committed to significant reforms and investments in electric vehicle technology to rebuild trust and mitigate the environmental damage caused by the scandal.

Claim Eligibility

To be eligible for compensation under the Dieselgate class action lawsuit, vehicle owners must meet specific criteria. The affected vehicles include Volkswagen and Audi models with 2.0-liter TDI engines from model years 2009 to 2015. Some of the affected models include:

  • Volkswagen Jetta (2009-2015)

  • Volkswagen Passat (2012-2015)

  • Volkswagen Golf (2010-2015)

  • Volkswagen Beetle (2013-2015)

  • Audi A3 (2010-2015)

Owners of these vehicles can file claims for either a buyback, lease termination, or free repairs to bring the vehicle into compliance with emissions standards. Additionally, owners who opt for the buyback or lease termination are entitled to a one-time payment ranging from $5,100 to $44,000, depending on factors such as the vehicle's mileage and age.

Claim eligibility extends to both current and former owners and lessees of the affected vehicles. However, eligibility criteria may vary based on the specific terms of the settlement agreements in different regions. It is essential for vehicle owners to verify their eligibility and understand the available compensation options before filing a claim.

Deadlines

The deadlines for filing claims under the Dieselgate settlement vary depending on the specific terms of the settlement agreement. Generally, vehicle owners must submit their claims within a specified period, which can be found on the official settlement website or through the claims portal. It is crucial for eligible owners to file their claims before the deadline to ensure they receive the compensation they are entitled to.

Typically, claim deadlines may be set several months to a few years after the settlement approval date. For example, in the United States, the deadline for submitting claims under the initial settlement agreement was September 1, 2018. However, subsequent settlements and extensions may have different deadlines.

Owners should keep in mind that missing the claim deadline could result in the forfeiture of their right to compensation. It is advisable to stay informed about any updates or extensions related to the claim process and seek assistance if needed to ensure timely submission of claims.

Factors for Making a Claim

Several factors can influence the amount of compensation an owner may receive under the Dieselgate settlement. These factors include the vehicle's mileage, age, and the type of claim filed (buyback, lease termination, or repairs). Additionally, owners who choose to keep their vehicles and opt for repairs may receive a smaller compensation amount compared to those who opt for a buyback or lease termination. It is essential for owners to carefully consider their options and gather all necessary documentation, such as the vehicle's VIN, registration, and proof of ownership, to ensure a smooth claims process.

Vehicle Mileage and Age: The compensation amount for the buyback option is typically calculated based on the vehicle's mileage and age at the time of the claim. Higher mileage and older vehicles may result in lower compensation amounts. Owners should provide accurate mileage information and ensure that their vehicle's condition is thoroughly documented.

Type of Claim: The type of claim filed can significantly impact the compensation amount. Owners who opt for a buyback or lease termination generally receive higher compensation compared to those who choose the repair option. The buyback option involves Volkswagen purchasing the vehicle at its pre-scandal market value, plus additional compensation for the inconvenience and environmental impact.

Free Repairs: For owners who choose to keep their vehicles, Volkswagen offers free repairs to bring the vehicles into compliance with emissions standards. While this option may provide a smaller compensation amount, it allows owners to retain their vehicles without incurring additional costs for repairs.

Documentation: Proper documentation is crucial for a successful claim. Owners must provide essential documents such as the vehicle's VIN, registration, proof of ownership or lease, and any relevant maintenance records. Ensuring that all required documentation is complete and accurate can expedite the claims process and prevent delays.

Special Considerations: Certain owners may be eligible for additional compensation or benefits based on specific circumstances. For example, owners who experienced significant financial hardship due to the Dieselgate scandal or those with medical conditions exacerbated by the emissions fraud may qualify for extra compensation. It is advisable to review the settlement terms and consult with legal counsel to determine if any special considerations apply.

Case Studies and Legal Implications

To illustrate the impact of the Dieselgate scandal and the claims process, it is helpful to examine case studies and legal implications related to the lawsuit.

Case Study 1: United States v. Volkswagen AG

In the landmark case United States v. Volkswagen AG, the U.S. Department of Justice (DOJ) filed a civil lawsuit against Volkswagen for violations of the Clean Air Act. The lawsuit alleged that Volkswagen had installed defeat devices in approximately 500,000 diesel vehicles sold in the United States, enabling them to pass emissions tests while emitting excessive levels of pollutants during normal driving.

Settlement: In October 2016, Volkswagen agreed to a historic settlement of over $14.7 billion to resolve the claims. The settlement included $10 billion for buybacks, lease terminations, and compensation for affected vehicle owners, $2.7 billion for environmental remediation, and $2 billion for investments in clean vehicle technology. The settlement also required Volkswagen to offer free emissions repairs for eligible vehicles.

Impact: This case marked one of the largest corporate settlements in U.S. history and set a precedent for holding automakers accountable for environmental violations. The settlement provided substantial compensation for affected vehicle owners and emphasized the importance of corporate transparency and compliance with environmental regulations.

Case Study 2: Canadian Class Action Settlement

In Canada, a class action lawsuit was filed on behalf of affected Volkswagen and Audi diesel vehicle owners. The lawsuit sought compensation for financial losses and environmental harm caused by the defeat devices.

Settlement: In January 2017, Volkswagen reached a settlement agreement of approximately $2.1 billion CAD to resolve the claims. The settlement included buybacks, lease terminations, and compensation for eligible vehicle owners, as well as funding for environmental initiatives. Additionally, Volkswagen agreed to provide free emissions repairs for vehicles that owners chose to keep.

Impact: The Canadian settlement underscored the global reach of the Dieselgate scandal and highlighted the need for consistent regulatory enforcement across different jurisdictions. The settlement provided meaningful compensation for Canadian vehicle owners and contributed to environmental remediation efforts.

Case Study 3: European Settlements and Legal Challenges

In Europe, Volkswagen faced numerous legal challenges and lawsuits from regulators, consumer groups, and individual vehicle owners. The legal landscape in Europe was more complex due to varying national regulations and consumer protection laws.

Settlements and Legal Actions: Volkswagen reached several settlements with European regulators and consumer groups, totaling billions of euros. However, the company faced ongoing legal challenges and appeals from individual vehicle owners seeking additional compensation. In some cases, European courts ruled in favor of vehicle owners, ordering Volkswagen to pay damages and address the environmental impact of the emissions fraud.

Impact: The European legal challenges highlighted the complexity of addressing corporate misconduct across multiple jurisdictions. The settlements and court rulings reinforced the importance of robust consumer protection laws and the need for coordinated regulatory efforts to hold corporations accountable for environmental violations.

Practical Considerations for Making a Claim

For affected vehicle owners seeking compensation under the Dieselgate settlement, several practical considerations can help ensure a smooth and successful claims process.

  1. Verify Eligibility: Confirm that your vehicle is eligible for compensation by checking the official settlement website or contacting the claims administrator. Ensure that your vehicle's VIN and other identifying information match the criteria for affected models.

  2. Gather Documentation: Collect all necessary documentation, including the vehicle's VIN, registration, proof of ownership or lease, and maintenance records. Accurate and complete documentation is essential for processing your claim.

  3. Choose the Best Option: Evaluate the available compensation options (buyback, lease termination, or free repairs) and choose the one that best meets your needs. Consider factors such as the vehicle's condition, mileage, and your personal preferences.

  4. Submit Your Claim: Follow the instructions provided on the official settlement website to submit your claim. Ensure that all required information and documentation are included, and double-check for accuracy before submitting.

  5. Monitor Claim Status: After submitting your claim, monitor its status through the claims portal or by contacting the claims administrator. Be prepared to provide additional information or documentation if requested.

  6. Seek Legal Advice: If you encounter any issues or have questions about the claims process, consider seeking legal advice from an attorney with experience in class action lawsuits and consumer protection. Legal counsel can provide valuable guidance and ensure that your rights are protected.

"Affected vehicle owners should take several practical steps to ensure a smooth and successful claims process," advises Mark Johnson, a consumer protection attorney. "Verifying eligibility, gathering documentation, choosing the best compensation option, submitting the claim accurately, monitoring the claim status, and seeking legal advice are essential considerations."