BGH on VW scandal: Compensation also for resale

Plaintiffs in the VW scandal will be compensated even if they have already sold their car again. This is a ruling by the Federal Court of Justice. There are currently around 1000 such cases.

VW customers who have already resold their diesel with manipulated software can still claim compensation from Volkswagen. That was decided by the Federal Court of Justice (BGH). However, the price that a VW driver receives when selling his car must be deducted from the compensation. Otherwise, the BGH argues, the buyer would be in a better position if the Wolfsburg-based carmaker paid for damages than if the damaging event – i.e. the purchase of the manipulated car – had not happened at all.

Claim also in the event of sale during the legal dispute

The BGH decided in May of last year that VW intentionally damaged its buyers in an immoral manner by installing the defeat devices. In principle, every buyer of a VW with an EA 189 engine is entitled to a refund of the purchase price, minus a compensation for use for the kilometers driven. Volkswagen now said that the claim for damages would not apply if customers sold their VW during the legal dispute, for example. The BGH denied that.

He also says: If VW drivers who have been betrayed change not only their car, but also the make of the car and receive a bonus for switching, then this bonus cannot be deducted from the compensation by VW either; because the car buyer is rewarded for the brand change, and not the damaging Volkswagen. According to VW information, around 1000 proceedings with similar problems are still pending.