Shortly before the end of the year and the impending admission of the limitation of the VW-victim-mobile. Day by day the number of those who claim damages for the rigged diesel vehicles is on the rise. Also the public sector with mixed. Baden-Württemberg is planning a lawsuit against the Wolfsburg-based group, in order to keep because of the Diesel in the fleet of the public harmless, NRW is considering a similar step. The Berlin police, the departs about the VW Touran, has decided against a lawsuit, and for the VW offered a software update.
more and more private customers are fighting back. 185 000 people have already registered in the complaint register at the Federal office of justice, in the pattern for a declaratory judgment of the Federal Association of consumer organisations (VZBV) in cooperation with the ADAC to participate. “We are with the response more than satisfied”, says VZBV chief Klaus Müller.
The number is likely to rise even further: For he who to the end of the year to enter, inhibits the Statute of limitations. The consumer advocates of the day, should have brought proceedings for success, can invoke the registered customers based on the pattern of judgment. Although you need to make then in a second step, their individual damages, the issues of principle are clear.
My Right to care for over 40, 000 cases
tens of thousands of VW diesel owners go the other way. They have assigned their claims to the litigation funders My Right. More than 40 000 cases collected My Right, supported by the Berliner law firm home field, now. Five large class actions with more than 1000 claims before the land courts. Actions add to that a handful of Patterns.
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tomorrow, Tuesday, could write to My Right, the history of law. Before the higher regional court of Braunschweig, the action of My Right supported pattern will be negotiated with customers. “In order for a court of appeal decision, for the first time a lawsuit in the exhaust gas, scandal, directed not against the dealer, but VW directly,” says home field attorney Christopher Rother.
The regional court of Braunschweig dismissed the lawsuit, Rother sees before the higher regional court, however, opportunities. His hope is based on the judgment of the ECJ of October, to the use of banned refrigerants in the case of Daimler vehicles. The lawyer concludes that the approval of the manipulated VW can’t help you with Diesel as an Argument for the rejection of compensation claims. It is unclear whether the Tuesday is already a judgment, or the court would schedule a later announcement date.
so Far, VW has judgments of higher instances prevented
in fact, VW has avoided so far, the judgments of higher instances. “A striking number of court appointments in higher instances or even, recently, in front of the Federal court of justice are cancelled on short notice,” says Jutta Gurkmann, the care of the VZBV, the pattern declaratory action. “This suggests in our view that VW avoids negative judgments by the company includes comparisons and pays, but the customer’s confidentiality obligation.” Before the regional courts, says Gurkmann, the tide turned long ago in favour of the plaintiff. “86 of 113 regional courts, meanwhile, have decided against VW,” says the lawyer.
Three ways to sue VW
consumers who want to take action against VW, can collect either self-action, the pattern statement connecting the claim of consumer advocates or your claims of My Right to cede. All ways have their pros and cons.
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Info for consumers sample complaint against VW to Join in – now
Heike Jahberg
benefits Who complains even, in the case of a success right from the start, but bears the full risk of litigation. The procedure should therefore offer especially for people who have a legal protection insurance. Participation in the pattern declaratory action is free, the consumers are forced to be in a second step, again active, and your claims to enforce. This may also explain why many lawyers advertise currently for the pattern for a declaratory judgment. They hope to port the mandates after the end of the pattern procedure. Who turns to My Right, have nothing to worry about, but in the case of success, 30 percent of the damages. And: If the mass assignment to My Right is legally allowed, has still not been clarified by the courts.
No wonder, then, that one or the other, who had already been with My Right to do business, considering the pattern of action by the consumer to connect pads. But this is not very easy. Because My Right would have to give the customer his claim. The process financier is ready, but only for a fee. “We have noted that to report in the event of termination of collection action all costs for lawyers and courts to us are that we have made for you, and to us will continue to arise through the withdrawal of its action,” – said in a Letter to a My Right-customers. “This will be about 219 euros”.
