German Handelsblatt: Car maker: BGH strengthens diesel plaintiffs: VW claims compensation even after car sales

Compensation after the diesel scandal

A switch premium paid by the dealership does not have to be offset against the compensation, according to the BGH.

(Photo: dpa)

Karlsruhe Diesel plaintiffs who have since resold their cars are also entitled to compensation from Volkswagen. The German Federal Court of Justice (BGH) in Karlsruhe ruled on Tuesday that your damage was caused by the unknowing purchase of a vehicle with manipulated exhaust technology and that it was not eliminated by reselling it.
When calculating the amount of damages, the proceeds obtained together with the kilometers driven must therefore be deducted from the original purchase price. According to VW, this affects around 1000 pending proceedings. (Az. VI ZR 533/20 and others)
At the same time, the highest civil judges decided that it would not be detrimental to the plaintiff if he had made use of a so-called switch bonus. In the case, the plaintiff had traded his VW to an Audi dealer and received a bonus of 6,000 euros.

According to the BGH, those affected are allowed to keep this money; it is not offset against the compensation. The bonus has nothing to do with the value of the car, but rather a reward for changing car or brand.

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