VW Beetle 2009-2015 Diesel Lawsuit

Written by Jeff Meyer on September 1, 2015

As part of a nationwide clean diesel recall order involving over 482,000 VW and Audi vehicles, Volkswagen Beetle and Volkswagen Beetle Convertible cars with at least the model years 2012 to 2015 were recalled in late September of 2015. Specifically, as part of a broader global scandal perpetrated by Volkswagen and its associated brands, Volkswagen Beetle and Beetle convertibles sold in the United States possess an emissions testing defeat device.

This device, or rather software profile in the engine control module of the vehicle, auto detects EPA and other regulatory testing conditions such as those administered by the California Air Resources Board. At this point, the vehicles in question execute full-scale emissions testing evasion techniques to ensure at least temporarily passing emissions standards under testing conditions. Under real world driving conditions, the VW clean diesel Beetle and other VW vehicles emit anywhere from ten to forty times the legally permissible level of Nox emissions per EPA standards.

Problems with Emissions Non-Compliance in the VW Beetle and Beetle Convertible

Given the extent of the disparity between real world and lab test emissions in the Volkswagen and Audi vehicles, non-compliance with existing federal and state laws will remain an issue for consumers until resolved. At this time, Volkswagen has vowed to resolve these issues on behalf of consumers, thus the recall notice. However, from a legal perspective, this action hardly remedies otherwise practical concerns of those vehicle owners affected by the recall. In practice, participation in a VW Beetle 2009-2015 diesel lawsuit can help consumers address their individual issues with the scandal as they pertain to the following:

• Should VW issue a full-scale buyback of vehicles at market value, which it initially prepared willing to do, drivers now face the hassle and costs associated with purchasing another vehicle.
• Should VW merely remove the emission defeat software, VW Beetle and VW Beetle convertibles with the clean diesel 2liter TDI engine still remain highly emissions non-compliant.
• Should VW agree to retrofit vehicles with a technological fix to the emissions non-compliance, such as a urea-based injection system, vehicle owners will face costs associated with losses in time related to accomplishing this task. Moreover, there simply are no guarantees that proposed technological fixes will not impact the performance of the vehicle that consumers have come to prefer.
• In all cases, consumers of the VW Beetle with model years 2009 to 2015 likely paid significantly more for their original purchase than comparable makes and models featuring non-ecologically friendly emissions and exhaust systems. In this sense, the overpayment alone is sufficient grounds for filing claims against Volkswagen and its affiliates, which readily captured a large portion of the US diesel auto market share by way of advertising the eco-friendly and fuel-efficient nature of these clean diesel vehicles.
• Finally, resale values of VW Beetles and Beetle Convertibles are expected to decrease in light of the scandal, thus confronting owners with an additional level of financial damages in light of the scandal.

How to Pursue Legal Claims in a VW Beetle 2009 to 2015 Lawsuit

While the scope and magnitude of the current diesel emission scandal is unparalleled, prior emissions and fuel economy deceptive trade practices by other automakers have resulted in large settlements with plaintiffs. In order to ensure your legal options remain open as the VW and Audi recall process unfolds, it is important to consult directly with an attorney about your specific case, while also providing information on your costs related to any VW Beetle or Beetle Convertible purchase or lease with the model years 2009 to 2015. Currently, a plethora of class action and individual plaintiff lawsuits have been filed against Volkswagen over the emissions scandal with the number of plaintiffs growing each day. As such, in order to have the most recent and informed legal knowledge about any potential future case against VW and its business partners, having legal counsel involved early is advisable.

References:

http://money.cnn.com/2015/09/23/news/companies/volkswagen-emission-scandal-lawsuits/

http://www.npr.org/2015/09/27/443896365/34-and-maybe-more-class-action-lawsuits-pile-up-against-vw

http://www.autoblog.com/2015/09/24/diesel-owners-joining-lawsuits-volkswagen/

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