I'm not sure how much this whole thing will actually damage the VW brand in the longer term.
They are fortunate that the matter they have been caught out on is one that most people don't really care about (here, certainly) and so I don't think in a couple of years time people will be avoiding buying a VW because of this (provided they handle things properly from here and don't dig a bigger hole for themselves).
And can everyone in Belgium who bought a VW say they are guilty of misrepresentation? Or is there some requirement to show that the misrepresentation actually influenced them to buy a VW?
Two things:
1. If you base your claim on misrepresentation, you have to show it influenced you to buy the car. However, I don't see a lot of issues here as VW obviously has ads about power and emissions and stuff. It would be ridiculous of them to try and say that's not one of the reasons that you bought the car. I think most people would easily win in court.
2. Not everyone needs to base their claim on that. If your car is less than two years old other laws will also apply. In that case VW will have to demonstrate that they can fix the car to the point that it will perform the same at the same cost or they have to compensate the owner. The owner may still choose to have the contract declared void.
VW will survive, because they are so big that they will be helped. If anything it might speed up the arrival of electric vehicles and self driving cars. And frankly, the sooner we have electric self driving cars the better. The tech is there, why not implement it? We'd have way less traffic deaths / injuries. A
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7 years to hire an intern? Damn. Here in the U.S., we'd say that's absurdly anti-business.
To be fair it takes a while to become a skilled (trial) lawyer.
I really am dumbfounded of the audaciousness of their management, who must have felt design pressure to meet a lofty goal and cheated and high-level people OKed that as if they'd never get caught. VW will suffer a lot for this. It probably won't be fatal, but it borders on Enron-like fraud. (Nothing personal, Aaron.
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The way they react does make you think that they had a plan for when they'd get caught.