What owners of Golf, Tiguan, Touran, Caddy and Audi Q3 should now know legally
Volkswagen and Audi are recalling approximately 954,000 vehicles in Germany because a screw on the steering gear can corrode, break off, and in the worst-case scenario, lead to steering failure. The affected models are the Golf, Golf Variant, Tiguan, Touran, Caddy, and Audi Q3. The lawyers at Rogert & Ulbrich explain your obligations as the vehicle owner and what claims you can assert regarding costs, downtime, or in the event of an accident.
What is known about the VW and Audi recall
The German Federal Motor Transport Authority (KBA) is conducting this recall as a safety-related action. According to the manufacturer, moisture can penetrate the steering gear's bolted connection. Over the years, the bolt corrodes and, in extreme cases, can break off. The steering gear is then only connected to the front axle carrier at one additional point. As a remedy, the bolt will be replaced with a more corrosion-resistant version.
The Volkswagen recall affects the Golf, Golf Variant, Tiguan, Touran, and Caddy models manufactured between September 24, 2013, and July 1, 2024. In Germany, 895,832 vehicles are potentially affected, and worldwide, 2,159,054. The KBA (German Federal Motor Transport Authority) is conducting the recall under reference number 17016R; the manufacturer's code is 48VS.
The Audi Q3 recall affects vehicles manufactured between October 31, 2017, and May 23, 2024. In Germany, 58,555 vehicles are affected, and nearly 697,000 worldwide (KBA reference 17014R, manufacturer code 48LG). The KBA has also issued a recall for the Seat Ateca and Tarraco models manufactured between April 2016 and September 2024 (KBA reference 17017R). Whether Skoda models are also affected has not yet been officially confirmed.
Important: Not every vehicle from these time periods is automatically affected. The decisive factor is the Vehicle Identification Number (VIN). According to current reports, no accidents or injuries related to the defect have been reported.
Do you drive one of the models mentioned? Check your VIN now and get advice if you experience any disadvantages as a result of the recall.
May I continue driving? Your obligations as the vehicle owner
According to the information published so far, there is no explicit prohibition against continuing to drive. However, the manufacturer's instructions are decisive. If they contain instructions for continued use until the vehicle is repaired, you should follow them. The steering system is a safety-critical component. Ignoring a known defect puts you at unnecessary risk.
Legally, participation in a recall is not merely a recommendation. In the case of safety-related recalls, the KBA (Federal Motor Transport Authority) monitors compliance. In practice, vehicle owners who fail to bring their vehicles to a workshop despite repeated requests will receive a letter from the vehicle registration authority. This authority can set a deadline and, according to Section 5 of the Vehicle Registration Ordinance (FZV), prohibit the vehicle from being operated on public roads if the defect is not rectified.
There is also a liability aspect. If an accident occurs after an ignored recall, you could be held partially responsible. In such cases, insurers also carefully examine whether you have breached your obligations.
Don't wait for the third reminder. Schedule a workshop appointment promptly and keep all correspondence.
Recall and warranty: Your rights against the retailer
The manufacturer will cover the repair costs as part of the recall, so you will generally not incur any expenses. However, this doesn't resolve all the issues. A recall is strong evidence that the vehicle had a material defect as defined in § 434 of the German Civil Code (BGB) upon delivery. While the corrosion may only become apparent after years, the inherent design flaw was present from the beginning.
Warranty claims under Section 437 of the German Civil Code (BGB) are directed against the seller, not the manufacturer. According to Section 438 of the BGB, they generally expire two years after delivery. When buying a used car from a dealer, this period can be reduced to one year for consumers under certain conditions. This topic is therefore particularly relevant for buyers who purchased their vehicle within the last one to two years. You can read more about this in our article on... Buying a used car from a dealer.
Within the warranty period, the seller must also bear the costs of subsequent performance, such as transport and travel expenses, according to § 439 para. 2 of the German Civil Code (BGB). However, withdrawal from the purchase contract is only possible in the case of a significant defect. For a defect that can be remedied with minimal effort, case law generally sets this limit at around five percent of the purchase price. The situation may be different if the repair fails, is refused, or is delayed for an unreasonably long time.
In addition, a manufacturer's warranty under § 443 of the German Civil Code (BGB) may give rise to further claims. What exactly applies depends on the warranty terms and conditions.
Did you recently purchase your vehicle? Then it's worth checking your warranty rights before the deadline expires.
Accident caused by steering failure: Product liability and insurance
If the steering system actually fails and an accident occurs, the question of the manufacturer's liability arises. According to Section 1 of the Product Liability Act (ProdHaftG), the manufacturer is liable for damages caused by a defective product, regardless of fault. This includes personal injury, such as medical expenses, lost wages, and pain and suffering compensation, as well as damage to other privately used property.
Damage to the vehicle itself is not covered by the Product Liability Act. Claims based on tortious producer liability under Section 823 Paragraph 1 of the German Civil Code (BGB) may apply. This is legally complex and highly dependent on the individual case. Furthermore, in the case of property damage under the Product Liability Act, you are subject to a deductible of €500 according to Section 11 of the Product Liability Act.
Your insurance policies also play a role. Damage to other road users is initially covered by your third-party liability insurance, while damage to your own vehicle is covered by your comprehensive insurance, if applicable. The insurer can then seek recourse from the manufacturer. It is important that you do not jeopardize your insurance by making mistakes when reporting the damage. You can find help with disputes with your insurer in the section... Insurance law.
Securing evidence is crucial. Don't rush into repairing or scrapping a damaged vehicle. The broken screw is the key piece of evidence. An independent expert report should determine whether the defect caused the accident.
After an accident with suspected steering failure, every day counts. Secure the vehicle and seek legal advice before evidence is lost.
Leasing, financing and sale of an affected vehicle
Lessees are obligated to have the recall carried out just like owners. This is explicitly stipulated in most lease agreements. The lessor typically assigns their warranty claims against the seller to you. You can therefore assert these rights yourself. Failure to have the recall carried out can lead to disputes when returning the vehicle. Here's what you should know about the... Lease and rental car return We have summarized the points you should be aware of separately. Further information can be found in our article on... Defects in the leased vehicle.
For a financed vehicle, the installments continue unchanged during the repair. The recall alone does not entitle the owner to stop payments.
Anyone wanting to sell an affected vehicle should be transparent about the recall. If a seller conceals a known, uncompleted safety-related recall, this can be considered fraudulent concealment. An agreed exclusion of warranty is then ineffective under Section 444 of the German Civil Code (BGB). The safest course of action is to have the recall work completed before the sale and provide proof of this to the buyer.
Unsure how to proceed correctly with leasing or selling? Have your contracts reviewed before you sign anything.
Here's what to do next: Checklist for affected owners
With just a few steps, you can protect yourself legally and avoid later disadvantages:
- Check VIN: The vehicle identification number (VIN) is located in the vehicle registration certificate, Part I. You can use it to check on the manufacturer's website or in the KBA recall database whether your vehicle is affected.
- Keep the letter: Keep the manufacturer's recall letter. It documents when you were informed.
- Schedule an appointment soon: Please have your callback code ready. Reports indicate that the replacement screw was initially in short supply, so waiting times are possible.
- Secure proof of repair: Have the transaction confirmed in writing. This proof is important for both the sale and the lease return.
- Document any abnormalities: Note any unusual noises, play in the steering or changes in driving behavior with the date and in this case, take your vehicle to the workshop immediately.
- Record costs: Keep receipts for travel expenses, rental cars, or lost wages. Only documented claims can be pursued later.
- Securing evidence after an accident: Photos, witnesses, police reports and the vehicle itself form the basis for claims against manufacturers and insurers.
Is the manufacturer refusing to repair the item, or are you left with the costs? Then it's the right time for a legal review.
Rogert & Ulbrich: Your lawyers in automotive law
Rogert & Ulbrich has represented vehicle owners against manufacturers, dealers, leasing companies, and insurers for many years. Attorneys Dr. Marco Rogert and Tobias Ulbrich, along with their team, have handled over 40,000 cases and filed over 25,000 lawsuits, including in the areas of... emissions scandal and in the case of recalls like the BMW recall due to brakes. You can find an overview of our services in the section below. Automotive.
We will examine whether you are entitled to warranty, guarantee, or compensation claims due to the steering system recall and pursue these claims out of court. If this is unsuccessful, we will represent you in court. After an accident, we will handle evidence gathering, communication with insurers, and claims arising from the recall. traffic law.
Is your VW or Audi affected by the recall and have you already incurred costs, downtime or damage? Get in touch and secure your claims.
