Volkswagen to pay $1.21bn to settle US dealer claims

VW dealers to receive average of $1.85m each over 18 months under the settlement

As part of the settlement,  Volkswagen  will continue making some incentive payments to dealers, buy back diesel vehicles that dealers can’t sell and suspend capital improvements for two years that it wanted dealers to make. Photograph: Ian Langsdon/EPA
As part of the settlement, Volkswagen will continue making some incentive payments to dealers, buy back diesel vehicles that dealers can’t sell and suspend capital improvements for two years that it wanted dealers to make. Photograph: Ian Langsdon/EPA

Volkswagen AG confirmed late Friday it will make $1.21 billion in payments to 652 US brand dealers as part of its $16.5 billion diesel emissions scandal settlement to date.

VW’s dealers will receive an average of $1.85 million each over 18 months under the settlement that was first announced in principle in August.

Separately, the US justice department, Federal Trade Commission and lawyers for owners of 475,000 polluting diesel cars filed legal papers late Friday asking a federal judge to grant final approval to buy-back offers and diesel remediation efforts at an October 18th court hearing.

A filing by lawyers for company dealers says Volkswagen won't sell any US diesel vehicles for the 2016 and 2017 model years. The company, which has been barred from selling all diesel vehicles in the United States since late 2015, said earlier this month it is uncertain whether it will ever sell diesel vehicles in the US again.

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As part of the settlement with VW brand dealers, the company will continue making some incentive payments to dealers, buy back diesel vehicles that dealers can’t sell and suspend capital improvements for two years that it wanted dealers to make. A federal judge must still approve the settlement.

Violating emissions laws

Volkswagen still faces billions of dollars in potential civil and potential criminal US fines for violating emissions laws, as well as a possible costly buy-back of 85,000 vehicles equipped with 3-litre diesel engines if it can’t convince regulators that they can be fixed.

The justice department said Friday in a court filing that regulators are still working on “a technical solution that reduces the emissions of these vehicles”.

Volkswagen has held talks in recent months with the justice department about settling the criminal investigation. “The United States will continue to vigorously pursue its claims for civil penalties to fully hold [Volkswagen] accountable,” the justice department filing said Friday.

VW has admitted it installed illicit software that deactivated pollution controls on more than 11 million diesel vehicles sold worldwide. An estimated 110,000 vehicles sold in Ireland under the VW, Skoda, Seat and Audi brands were fitted with the cheat devices.

In June, VW agreed buy back 475,0000 US vehicles equipped with 2-litre engines at a cost of up to $10.03 billion or offer fixes if regulators approve. To date, about 311,000 owners have already registered to take part in the settlement and only about 3,300 owners have opted out.

Address claims

VW also agreed to spend up to $5.3 billion to address claims by federal regulators and 44 US states. VW is still in talks with the justice department about winning approval for proposed fixes for the 2-litre vehicles.

Under the justice department deal, VW will provide $2 billion over 10 years to fund programmes to promote construction of electric vehicle charging infrastructure, development of zero-emission ride-sharing fleets and other efforts to boost sales of cars that do not burn petroleum.

VW also agreed to put up $2.7 billion over three years to enable government and tribal agencies to replace old buses or to fund infrastructure to reduce diesel emissions and award states about $600 million.

The justice department said it received nearly 1,200 comments on the proposed consent decree but said it was making only some minor mostly technical changes to the agreement.

So far, despite several legal challenges, Volkswagen has refused to pay out compensation to European owners of vehicles caught up in the scandal.