www.tdiclub.com

Economy - Longevity - Performance
The #1 Source of TDI Information on the Web!
Forums Articles Links Meets
Orders TDI Club Cards TDIFest 2016 Gone, but not forgotten VAG-Com List Unit Conversions TDIClub Chat Thank You




Go Back   TDIClub Forums > VW TDI Discussion Areas > Dieselgate - VW Group Emission Scandal

Dieselgate - VW Group Emission Scandal Discussion around the VW Dieselgate Emissions scandal. Details and news updates can be viewed here: http://forums.tdiclub.com/showthread.php?goto=newpost&t=448336 This forum is a work in progress depending on requirements, usage, etc.

Reply
 
Thread Tools
Old October 19th, 2016, 05:00   #16
Rico567
Veteran Member
 
Join Date: Jun 2003
Location: Central IL
Default

Quote:
Originally Posted by jims2321 View Post
<snip> Hope he doesn't live in an HOA. Our HOA has a strict rule on cars that are not working, its a $25/day fine.
One can drive through any small town in rural areas out here, none of which are incorporated and so cannot pass local ordinances, and see several houses with several -up to a half-dozen- cars that are not being operated sitting in the drives or up in the yard. HOAs are not uniformly evil, sometimes there are good reasons for their rules.
__________________


"I reject your reality and substitute my own."
- Adam Savage
Rico567 is offline   Reply With Quote
Old October 19th, 2016, 06:06   #17
HBarlow
Veteran Member
 
Join Date: Nov 2012
Location: Crosby County, TX
Default

HOA? What's that. Is that one of those rude, crude, ugly words used to describe women walking the streets in some large cities?
__________________
Harvey Barlow
US Navy Retired
Crosby County, TX
2016 Audi Q5 TDI
2009 VW JSW TDI (awaiting buy back)
HBarlow is offline   Reply With Quote
Old October 19th, 2016, 06:33   #18
DanB36
Veteran Member
 
Join Date: Jul 2003
Location: Savannah, GA
Default

Quote:
Originally Posted by HBarlow View Post
In this case Dan has negotiated with his insurer to pay him approximately 75% of book value of the car and allow him to retain ownership and possession.
Pretty close, though there really hasn't been any negotiation involved so far--I just asked them what the payout would be if I were to keep the car. There are a couple of finer points, though.

First, many states have their own rules/regulations/laws regarding when a car must be totaled. There's been a link to an article posted here a couple of times, with the misleading indication that it has something to do with what the insurance will pay you for a total, but that really addresses the rules for when an insurer must or may total a car. So, rather than simply being a matter of the insurance company's business judgment that it isn't worth it to repair a car when the estimate exceeds 75% (or whatever) of book value, they might actually be required to total the car in that case*.

Second, the requirement to brand a title is also going to vary from state to state.

* I'm using "total" here to mean "declare a total loss." In the most common case, that means they take the car and the title, and pay the book value, but "totaling" can also include paying book minus salvage and the owner keeping the car
__________________

"DanB36 seems to be always on point." - CT_White_SRT
Sold: 2000 Jetta GLS TDI, Atlantic Blue, 270k miles
Sold to Dieselgate: 2 x 2013 JSW DSG, 1 x 2013 Jetta Sedan DSG
DanB36 is offline   Reply With Quote
Old October 19th, 2016, 06:34   #19
DanB36
Veteran Member
 
Join Date: Jul 2003
Location: Savannah, GA
Default

Quote:
Originally Posted by HBarlow View Post
HOA? What's that.
Homeowner's Association.
__________________

"DanB36 seems to be always on point." - CT_White_SRT
Sold: 2000 Jetta GLS TDI, Atlantic Blue, 270k miles
Sold to Dieselgate: 2 x 2013 JSW DSG, 1 x 2013 Jetta Sedan DSG
DanB36 is offline   Reply With Quote
Old October 19th, 2016, 06:44   #20
Shawn MacAnanny
Veteran Member
 
Join Date: Sep 2013
Location: Felton, DE
Default

Quote:
Originally Posted by DanB36 View Post
* I'm using "total" here to mean "declare a total loss." In the most common case, that means they take the car and the title, and pay the book value, but "totaling" can also include paying book minus salvage and the owner keeping the car
Last month through USAA i opted to retain my truck minus salvage value and i was required to obtain a salvage certificate before payment. I think when its declared a total loss, atleast in DE, its required for safety reasons becuase the vehicle must go back through an extensive inspection before being issued a reconstructed title.
__________________
Shawn MacAnanny is offline   Reply With Quote
Old October 19th, 2016, 07:16   #21
saggii
Member
 
Join Date: Apr 2016
Location: Texas
TDI(s): 14 A6 TDI
Default

Haven't read through every post in this thread but my .02 will be to delay until after the settlement hearing just in case since as you know preminary approval is not the final approval. I doubt anything changes but still.
Also, did you negotiate the payout with the insurance company yet? My argument would be that the value of the car is way more than that on paper and I would even send them the screenshot of the buyback value you are expecting. If they matches that amount then that would be awesome.

The other thing is that insurance companies also pay for damages to personal property in the car, for instance, they will pay for your damaged sunglasses ($100-200 is not much in grand scheme of things but still), broken phone/laptop/ipad, car seat (for kids, they have to pay for replacements in any case after the accident), etc.

On another topic and not to thread crap, would the final settlement agreement will shield VW for any further damages (well atleast for 2.0 engines and not considering criminal charges)? 12-13 states have seperately sued VW for damages what would happen to those lawsuits? Would they go away? I'm asking because I think I read somewhere that you are a lawyer. Thanks in advance.
saggii is offline   Reply With Quote
Old October 19th, 2016, 07:53   #22
251
TDI Owner/Operator
 
Join Date: May 2002
Location: NW IN
Default

Quote:
Originally Posted by chargum View Post
When an insurance company "totals" a car, a salvage title is issued.
No way around that.
I beg to differ. In December 2015 my previous TDI was totaled by my insurance company (thanks to a deer that ran out in front of me) and I elected to buy it back from them. Kept the original title (a photo or scan of it was all my insurance company needed) and resold it to a friend who fixed it / now drives it daily. Friend had zero issues with my original clean title when he went to the BMV to get new title and register car in his name.

I admit the difference here may be because I bought it back and it never went to a salvage yard so a salvage title was not issued in this case.
251 is offline   Reply With Quote
Old October 19th, 2016, 07:57   #23
Shawn MacAnanny
Veteran Member
 
Join Date: Sep 2013
Location: Felton, DE
Default

Quote:
Originally Posted by 251 View Post
I beg to differ. In December 2015 my previous TDI was totaled by my insurance company (thanks to a deer that ran out in front of me) and I elected to buy it back from them. Kept the original title (a photo or scan of it was all my insurance company needed) and resold it to a friend who fixed it / now drives it daily. Friend had zero issues with my original clean title when he went to the BMV to get new title and register car in his name.
I admit the difference here may be because I bought it back and it never went to a salvage yard so a salvage title was not issued in this case.
I was t-boned by a dump truck that didn't stop, personally paid to have my truck towed directly to my house, it sat there the entire time never once towed to a lot or taken to a shop and my title still had to be salvaged to be paid.
__________________
Shawn MacAnanny is offline   Reply With Quote
Old October 19th, 2016, 09:28   #24
DanB36
Veteran Member
 
Join Date: Jul 2003
Location: Savannah, GA
Default

Quote:
Originally Posted by saggii View Post
Haven't read through every post in this thread
You probably should have; there were only 20 when you posted, and most of what you mention was already addressed.

Quote:
The other thing is that insurance companies also pay for damages to personal property in the car,
Good point, and thanks for the suggestion. In this case, there wasn't really any damaged property in the car, other than the car itself. I'd added a hitch and fog lights, though; it might be worth asking about covering them in one way or another.

Quote:
On another topic and not to thread crap, would the final settlement agreement will shield VW for any further damages (well atleast for 2.0 engines and not considering criminal charges)? 12-13 states have seperately sued VW for damages what would happen to those lawsuits? Would they go away? I'm asking because I think I read somewhere that you are a lawyer. Thanks in advance.
I am a lawyer, but I'm not your lawyer, and I'm not giving legal advice. With that said, I wouldn't think this settlement would shield VW from civil or criminal action from anyone who wasn't a party to it. Owners are a party to the case (it's a class action) unless they opt out of the class, but other states (other than CA) are probably free to pursue actions under their own relevant laws. The settlement would still be relevant to suits brought under consumer protection laws, though ("we already have a program in place to more than make the customers whole"). Further discussion of this issue probably belongs in its own thread, though.
__________________

"DanB36 seems to be always on point." - CT_White_SRT
Sold: 2000 Jetta GLS TDI, Atlantic Blue, 270k miles
Sold to Dieselgate: 2 x 2013 JSW DSG, 1 x 2013 Jetta Sedan DSG
DanB36 is offline   Reply With Quote
Old October 20th, 2016, 10:53   #25
bizzle
Veteran Member
 
bizzle's Avatar
 
Join Date: May 2013
Location: Southern California
TDI(s): 98 Beetle
Default

Quote:
Originally Posted by 251 View Post
I beg to differ. In December 2015 my previous TDI was totaled by my insurance company (thanks to a deer that ran out in front of me) and I elected to buy it back from them. Kept the original title (a photo or scan of it was all my insurance company needed) and resold it to a friend who fixed it / now drives it daily. Friend had zero issues with my original clean title when he went to the BMV to get new title and register car in his name.
I admit the difference here may be because I bought it back and it never went to a salvage yard so a salvage title was not issued in this case.
In Indiana you were supposed to apply for a salvage title within 45 days of the loss. If you sold it to your friend within that window, he was supposed to apply for the salvage title. In other states, the insurance company reports it directly to the DMV. That seems to be the pattern in these "wrecked" threads: some people have had to deal directly with their insurance companies and others are supposed to deal directly with their government agencies but either refuse or don't know they were supposed to. I haven't seen any state allowing what gets argued from that lack of following the regulations though: that you can both simultaneously claim a total loss and not report it.
bizzle is offline   Reply With Quote
Old October 20th, 2016, 14:57   #26
HBarlow
Veteran Member
 
Join Date: Nov 2012
Location: Crosby County, TX
Default

Quote:
Originally Posted by bizzle View Post
In Indiana you were supposed to apply for a salvage title within 45 days of the loss. If you sold it to your friend within that window, he was supposed to apply for the salvage title. In other states, the insurance company reports it directly to the DMV. That seems to be the pattern in these "wrecked" threads: some people have had to deal directly with their insurance companies and others are supposed to deal directly with their government agencies but either refuse or don't know they were supposed to. I haven't seen any state allowing what gets argued from that lack of following the regulations though: that you can both simultaneously claim a total loss and not report it.
There are many thing you haven't seen or don't understand but that doesn't prevent you from offering "expert" opinion on them.
__________________
Harvey Barlow
US Navy Retired
Crosby County, TX
2016 Audi Q5 TDI
2009 VW JSW TDI (awaiting buy back)
HBarlow is offline   Reply With Quote
Old November 12th, 2016, 09:19   #27
DanB36
Veteran Member
 
Join Date: Jul 2003
Location: Savannah, GA
Default

Never was able to upload the pics from work, but finally got around to doing it at home. Here's the car:



...and here's its replacement:


Insurance is still in limbo while I wait for the buyback to be resolved--documents were accepted on October 20, nothing since.
__________________

"DanB36 seems to be always on point." - CT_White_SRT
Sold: 2000 Jetta GLS TDI, Atlantic Blue, 270k miles
Sold to Dieselgate: 2 x 2013 JSW DSG, 1 x 2013 Jetta Sedan DSG
DanB36 is offline   Reply With Quote
Old November 12th, 2016, 11:18   #28
EricVA
Veteran Member
 
Join Date: Feb 2010
Location: VA
Default

Sorry to hear about this.

How does the situation look if you were to settle the insurance claim and just get the "restitution" from VW? Does the sum of those two figures get you in the ballpark of the VW buyback? I'm not sure on the implications of getting restitution in a case like this, but thought it might be worth exploring.
EricVA is offline   Reply With Quote
Old November 12th, 2016, 11:56   #29
dpospres
Member
 
dpospres's Avatar
Default

You say the car got rear ended. I assume that pushed you into the car in front of you. Is the insurance from the person behind you paying for the damage? If so, isn't it their responsibility to "make you whole"? You have proof that VW is willing to give you $XXX for the car, so shouldn't they be responsible for that amount?
dpospres is offline   Reply With Quote
Old November 12th, 2016, 12:47   #30
mydecember1985
Veteran Member
 
Join Date: Mar 2015
Location: Florida
Default

Hope things are going well. How did you find an A3 TDI with all the dieselgate stuff going on??
mydecember1985 is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Wrecked '96 B4 Part Out Duckinator Private TDI Items for Sale/Wanted 26 August 24th, 2014 19:27
Part Out: '99 Beetle GLS 2.0, Not wrecked! New York Reifenberger Private TDI Items for Sale/Wanted 5 February 26th, 2012 11:40
Wanted: wrecked TDI car (donor car) B4 or MK3 (Western US) VW-TDI TDI Cars for Sale/Wanted 1 July 31st, 2010 01:23
parts feeler wrecked 2000 jetta tdi part out rob251 Private TDI Items for Sale/Wanted 19 November 19th, 2009 19:16
**Deleted** - Part from wrecked/faulty A4 pump prsa01 Private TDI Items for Sale/Wanted 4 November 18th, 2004 11:42


All times are GMT -7. The time now is 22:25.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Copyright - TDIClub Online LTD - 2017
Contact Us | Privacy Statement | Forum Rules | Disclaimer
TDIClub Online Ltd (TDIClub.com) is not affiliated with the VWoA or VWAG and is supported by contributions from viewers like you.
1996 - 2017, All Rights Reserved
Page generated in 0.16358 seconds with 11 queries
[Output: 136.27 Kb. compressed to 115.18 Kb. by saving 21.09 Kb. (15.48%)]