The following is meant to help answer some of the Frequently Asked Questions by owners of Volkswagen TDI vehicles affected by the emissions scandal. This is not a complete list, and if you have further questions you should contact a Volkswagen emission attorney using the form above. The following is not intended to be legal advice, and certain facts may change as more information about the Volkswagen emissions issue and possible recall becomes available.
Is my Volkswagen diesel car safe to drive?
Yes, the emissions scandal facing VW does not appear to affect the safety of the vehicles. While the level of pollutants being given off by the TDI “Clean Diesel” engine are much higher than what the company represented them to be, there is no direct threat from those emissions to drivers or people who come in contact with the exhaust from the vehicles. The vehicles remain safe to drive and operate as usual.
Will my TDI car be recalled?
There is a strong likelihood that the 2.0 TDI engines, and possibly the 3.0 engines found in VW and Porsche SUVs, will be subject to a recall. The fixes necessary to disable the “cheat device” software, and make the engines compliant with emissions standards, are likely to have negative effects on the cars’ performance and fuel efficiency.
What if I don’t want to have my vehicle affected by a Mandatory Recall? Do I have a choice?
Many Volkswagen owners are understandably upset and concerned that any repairs done under a recall will negatively affect their car’s performance. The term “mandatory recall” is a little bit misleading, consumers can’t be “forced” to bring their vehicles in to be modified, and many will likely elect to ignore any recall effort for as long as possible. The “mandatory” part of a mandatory recall involves the automaker being forced to comply with a recall effort, not the consumer.
Can I recover money from Volkswagen?
Most likely, yes, although the exact amount of any settlement paid to affected owners of Volkswagen TDI models remains a subject of hot debate among legal experts. It is still too early in the case to determine what amounts Volkswagen will be forced to pay out. Plaintiff’s lawyers are already filing cases against the German auto manufacturer in state courts, and there will likely be an eventual class action suit that brings many of these cases together to be decided in a single court.
What if I do not want to be part of a Volkswagen class action lawsuit, Can I opt-out?
Yes, class action suits in the United States give affected parties the right to “opt-out” and pursue their own case separate from the class action. Since no class action has yet been certified by any court, it is too early to opt-out. You can still sign up privately for a VW emissions attorney to represent you directly. Your attorney will keep you informed of any class action developments and work to get you the settlement money you deserve.