Not confirmed yet, but it'd be a nicesmart gesture
I would not be surprised they will demand a waiver from anyone that accept the $1,000., giving up the possibility to join a class action or any law suit against VW. A bad deal IMHO.
No signed waiver is required. By accepting the payout, it is deemed acceptance of full and proper consideration for the damages so-caused. VW would maintain a list of each and every owner that accepts the card(s) and would use it to decertify any person attempting to join the class. The courts would accept this as well.
It's not VW being 'mean' or 'inconsiderate' or 'greedy' or 'menacing' in any way...it's simply an offer to owners to compensate them for a fair value. Is it top dollar? No. Would top dollar be attained in a civil law suit? Absolutely
not. Remember that of the what, $4,000 the owners would be awarded at a trial (they settle before that, which is also a compromise), at least 30%, plus applicable taxes, plus disbursements, will come off. I'd wager that in a class-action, each owner would get no more than $2,000 when all legal fees are deducted. The winners there are solely the lawyers.
There are current class action suits against Subaru for head gasket issues with their 2.5L. These have not been settled despite the overwhelming evidence that not only are their head gaskets lined with paper, but that Subaru has known about this for over 10 years and refuses to do anything about it. Bastards. ![Roll Eyes ::)](https://www.autos.ca/forum/Smileys/CarTalk/rolleyes.gif)
Check your facts. The only existing Class Action suits against Subaru for the headgasket are related to the 2011 and later vehicles. From the date of discovery, I would anticipate that no Statements of Claim have even been issued. Class Actions by their nature will take nearly a decade to go to trial based on the volume of information/evidence to be adduced. Settlement is unlikely to ever happen within 3-4 years, either, unless the Class is not serious about its claim.
Vehicles are complex. Subaru did not purposefully install headgasket "cheat" devices, Cadure. These issues are not the same by any stretch of the imagination.
VAG did knowingly install a device intended to mislead and misrepresent data so that it could get ahead in the marketplace. At the very least, all gains that were made from that program need to be taken away. VAG will pay for it, and will further pay for the remediation that is necessary.
In terms of owners, there must be actual damages before recovery can and should occur. The only damages that can exist are based on resale value. There will not be any general, non-pecuniary "pain and suffering" awarded to current owners, and nor should there be. Taking $1,000+ now, plus $2,000 in terms of a loyalty incentive to replace your vehicle is very fair and does not require an owner to wait 5+ years to recover.
All these negative comments without any insight into what actually occurs...Honestly, Saf makes the most sense in these threads.
![#1 :winner:](https://www.autos.ca/forum/Smileys/CarTalk/goldcup.gif)