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Wolfsburg / Hanover (dpa) - Volkswagen has almost completed its out-of-court diesel compensation in Germany.
Almost all eligible customers received a comparison offer, according to the company.
By the end of February, 5,000 plaintiffs from individual trials beyond the model case could still accept the proposal.
Thereafter, no more transactions are planned via the website on which lawyers of car owners register the claims.
In most cases the money is paid out.
However, there may also be delays in the case of compensation outside the settlement - VW regretted this.
After the basic rulings of the Federal Court of Justice (BGH) last year, the car company announced that it would amicably settle the lawsuits of consumers who went to court on their own.
Initially, there was talk of a total of around 55,000.
Meanwhile, according to VW, around 30,000 of them have ended, and the company is optimistic about the other 5000 offers.
Among the remaining 20,000 cases are mainly those in which customers refused a settlement or there are already regulations based on legally binding judgments.
The majority of the out-of-court compensation has thus been implemented.
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Worldwide wave of lawsuits from "Dieselgate"
In the Federal Republic of Germany alone, several hundred thousand owners of diesel cars from the VW Group had demanded financial reparation for the emissions affair.
They saw themselves cheated because the scandalous EA189 engine emitted significantly more toxic nitrogen oxides (NOx) in road traffic than in tests.
"Dieselgate" was blown in the US in autumn 2015, where the Wolfsburg-based company had advertised its cars as being particularly environmentally friendly for years.
Millions of cars worldwide contained software that manipulated pollutant values - customers feared for the residual value of their supposedly clean vehicles.
After larger amounts had been paid in the United States, consumer advocates bundled claims in this country as well.
Almost a year ago there was a sample comparison between VW and the Federal Association of Consumer Organizations (vzbv).
As part of this, the owners received between 1350 and 6257 euros, depending on the vehicle type and age.
Almost all claims that were considered legitimate - a good 245,000 cases - had been settled by the turn of the year 2020/2021, according to the group.
Cost point for VW: more than 750 million euros.
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However, a number of customers bet on higher sums and therefore sued outside of the model proceedings.
Even in the face of a corresponding BGH ruling, which saw immoral damage, the group finally agreed to further individual comparisons.
Payouts not always on time
According to its own account, VW always endeavored to check and implement it quickly.
However, some customers also reported considerable waiting times and - if the settlement offer was rejected and after a judgment - sometimes short payment periods.
Occasionally, the amount won should not have been paid in time, even if foreclosure was ordered.
In one case, for example, it should have taken almost half a year from the decision of a court in southern Germany to the announcement of the transfer to the attending law firm.
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"We hoped for a long time that the payment would come," said the customer concerned.
The last deadline passed in December and VW did not respond to the letter.
It was only at the beginning of this week that the money landed in his wife's account, interest on arrears would be checked.
It was not easy to have no security about the promised amount for months - around 10,000 euros after deducting a usage fee.
"Because I had no legal protection insurance, there were also costs for a litigation financer."
A settlement had also been offered to him beforehand.
But he decided to wait for his own court judgment, especially since he wanted to return his Diesel Golf anyway.
"Annoying for everyone"
VW admitted that such cases could arise.
It is regretted that comparisons and judgments want to be carried out “as smoothly as possible”: “Every unnecessary hurdle or delay costs additional money and nerves.
That is annoying for everyone, especially for the customers. "
This is one of the reasons why the automated online portal was set up for comparisons.
"If there are discrepancies in individual cases, these can usually be resolved very quickly in direct contact with the customer or the lawyer."
Consumer advocates know similar examples, also from the earlier test case.
For example, it is not always possible to meet the usual payment term of twelve weeks, they say.
You can then mediate and help to clarify the cause - especially when it comes to reversing the car purchase outside of comparisons.
The subject of the out-of-court settlement was the EA189 engine.
There are also complaints about the newer EA288, which according to VW does not have an inadmissible defeat device - here the courts have so far only ruled in favor of the manufacturer.
Around 8,500 lawsuits are currently pending.
Further legal construction sites in 2021
The limitation of claims for damages was controversial until the end.
The BGH indicated: Diesel customers who only sued VW in 2019 or 2020 are likely to go away empty-handed.
Because in September 2015, when the fraud became public, the topic was known enough to take it to court.
Anyone who verifiably knew at the time that their car was affected should have filed a complaint by the end of 2018 at the latest.
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However, there should be further negotiations on the details of the statute of limitations - as well as on the evaluation of the software updates with which VW improved the emission control.
Another irritant issue is the reason for automakers to use shutdown devices that reduce the filtering of emissions, for example at low temperatures.
The European Court of Justice allowed exceptions for such software - but only “to protect the engine from damage or an accident”.
Environmental associations often criticize the so-called engine protection as an advanced argument to make high NOx values appear acceptable.
In contrast to “Dieselgate”, from the authorities' point of view this is about different legal views, not about deliberate deception.
The emissions scandal is also being dealt with under criminal law: The fraud trial against ex-VW CEO Martin Winterkorn is likely to receive particular attention from the end of April.
© dpa-infocom, dpa: 210209-99-359851 / 2