California Personal Injury Lawyers Blog
As you may have heard, Volkswagen (VW) is embroiled in a major fraud, where they are accused of falsifying records of emissions from its diesel engine cars covering the years 2009 to 2015. As a result, owners of VW diesel engine vehicles in California have filed suit against VW to compel it to buyback its cars that do not meet emission results as previously represented by VW.
Reportedly, VW sold 482,000 diesel vehicles in the United States and VW has estimated that it could take at least one year for it to fix most of these vehicles that had “secret” software designed to trick pollution tests. Many believe it would take much longer than one year to fix all of its diesel engine vehicles to comply with emission standards in California and the U.S.
Apparently the “secret” software detects when the VW diesel vehicles are undergoing laboratory emission tests and alters how the diesel vehicles operate to trick the laboratory to conclude requirements are met when, in fact, the diesel engine under normal use does not comply with required emission standards.
Currently, the Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) are demanding that VW fix its diesel engine vehicles to comply with mandated emission standards.
According to the Kelley Blue Book, approximately 67,000 of these VW diesel engine vehicles are in California, manufactured from 2009 to 2015.
CARB has given VW until November 20, 2015, to submit remedies to bring its California VW fleet of diesel engine vehicles into compliance with California emission regulations. It is doubtful whether VW can timely comply with this demand.
The suit against VW alleges that pursuant to California warranty law, VW must either buy back its diesel engine vehicles at the original purchase price or provide replacement vehicles unless VW can retrofit them “after a reasonable number of attempts.”
If as the suit also alleges, VW executives have agreed VW cannot make the needed repairs within one year, then VW is obligated to buy back its diesel engine cars. It is alleged that under California law, VW has a clear duty if it cannot fix the problem to either refund the price or offer restitution.
According to The Los Angeles Times, VW is considering buying back the involved diesel engine vehicles, which the Kelley Blue Book estimates would cost about 7.3 billion dollars to cover the VW vehicles sold in just the U.S. market.
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