Now that it has come out that Volkswagen has been using software to cheat emissions tests in Europe as well as the US, the question of compensation arises domestically. With over 11 million vehicles sold with the offending software globally, there are going to be a huge number of potential claims. Despite all the clamouring and blame-laying, the key question in terms of compensation will be to establish what the actual loss is to individual drivers. It is suggested by the claimant-focused solicitor quoted in this article that the premium paid by consumers for a greener car is as much as £2,000. Chilling analysis no doubt for those at VW Group, particularly in light of the number of potential claims. However, quantifying the element of price dealing with fuel efficiency is far from straightforward and will surely vary depending on make and model. It will be interesting to see how the arguments dealing with quantum play out but at present I share a little of the scepticism of Mr Plumley who says that it is not simply a "slam dunk".
“Claimant law firms have a successful model and are creative in bringing cases, but it’s not a slam dunk at all – especially in the UK where you have a professional, impartial judiciary, whereas in the US you have regional differences and jury trials which can have an influence on the success or otherwise of cases.”