Sunday, February 28, 2016

Exhaust affair at Volkswagen: US attorney collects German Volkswagen customers – Tagesspiegel

02.28.2016 16:44 by Henrik Mortsiefer <- inTeaserPicPosition: 1 -> <- self.position: 1 -> <- classId: HCF-center -> <- position: center -> <- inIsPrint: false -> <- inHasPic: true ->

Berlin partner of the Star-lawyers Hausfeld sees opportunities for compensation for VW customers – even without collective actions as in the US.

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the Berlin partner of US star attorney Michael D. Hausfeld will help to pay damages in the diesel fraud case thousands VW customers in Germany. “Why should German Volkswagen customers away empty, only because in Germany, no way to class actions are like in the US?”, Christopher Rother told the Tagesspiegel. The lawyer heads the Berlin office as a partner of the US firm. The Washington law Hausfeld, who won spectacular successes in process of oil spill victims, remuneration fund and Holocaust victims, is one of the 22 lawyers who had filed class action lawsuits against the VW group a week ago in California.

A payment to patients in Germany rejects VW from

Unlike in Germany wants Volkswagen – probably under the pressure of announced actions of thousands injured – at 500,000 US customers spend vouchers on every 1000 dollars. A payment to the 2.5 million sufferers in Germany rejects VW. Even the repurchase of vehicles in this country is not considered.

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“content there for the unequal treatment of American and German customers no justification, “Rother said. “The fact that VW is obliged to pay for damages, is actually incontrovertible. The only question is how much. “

The lawyer is the attempt in the VW case to obtain civil damages, not alone. Other firms, however, endeavor to investors with VW shares who wish to get back their lost money.

the damage is likely at 1000 euros are

Rother, of almost 20 years, the Pro Auto headed antitrust Division of Deutsche Bahn, calculated the damage of VW car owners with the reduction in the resale value of the affected cars. “He is between five and ten percent of the original price. On average, the damage should therefore be at 1,000 to 1,500 euros per car, “estimates the lawyer. “We know from corresponding estimates of large fleet operators. Ultimately, that is an appraiser quantified. “

This single VW customers can enforce their demands, without having to bear the high individual risk of litigation, Rother wants a” work of legal services “. These VW customers to assign its claims, by relying on a dedicated website, which will go online in March, register.

A litigation funding is already switched

The listed US litigation funder Burford provides for the process of ten million euros available – the highest ever paid in Germany for this purpose total. “We or our litigation funding currently negotiating with two suppliers, the experience in this field,” says Rother. “Until mid-March, we want to decide.” The legal services firm to enforce the bundled claims against the VW Group. Where this is not the desired IVAs, contact the Hausfeld lawyers in action.

“The goal is not to litigate years. Rather, it is a potential threat to build in that as many customers come together and the company is willing to settle out of court and to pay damages, “said Rother. “Our incentive is to enforce claims of injured parties in this very large and prominent case despite our antiquated and unsuitable legal system.” What sounds altruistic, of course, is a business model: Although the model is not successful, the Hausfeld lawyers have earned it ,

Legal expenses insurance customers need not

The risk for VW customer is manageable. Fails the comparison process and go processes lost, no costs remain hanging at the customer. Legal expenses insurance is not necessary, according to Rother. “In case of success of the payment of compensation, which would afford VW, commissions are deducted. Market conditions, are 30 to 35 percent, “says the lawyer. In conventional compensation cases, the effort consumers legal and expert fees often exceed the damage suffered significantly. “Volkswagen knows that it is not worthwhile for the individual aggrieved customers to asserting their rights,” says Rother.
Similar constructions in which consumers assign claims to a legal services provider, announced and there is litigation to Widerufsbelehrungen of banks or in the enforcement of air passenger rights. Such a large procedure as in the VW case, but in Germany a premiere. “In this magnitude that has not yet been made,” Rother said.

What matters is how many customers join

How many VW customers join at the end, turns essentially on the user-friendliness, professionalism and reputation of the site from where the VW customers are signing up. “The more there are, the better,” says Berlin lawyer. However, it must be to be faced. “With about 50,000 injured but one would probably reached a critical mass that takes VW seriously.”

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With an average damage of Euro 1500 so come on VW additional 75 million euros in potential damages in Germany – in addition to the cost of recalls and repairs. “Overall, it is for Volkswagen to start from a total loss in Germany from three to four billion euros and more,” says Christopher Rother. Assuming the company will solve the problem as well as in the US. Rother: “That’s a lot of money, but little measured at VW winning the years 2010 to 2014.”

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