Restitution Payment on Totaled Car

VWMark · May 4, 2017

Glad I found this thread. I'm in a similar situation, but with a few wrinkles! My car was in an accident on 6/09/16 and classified as a total loss by the insurance company. At the time I called the VW help line a couple of times and got e few different answers. I decided to hold on to the title for a while to see what would happen. Luckily, my insurance company was great about holding the car for many months without charging me anything. I finally signed the title over to the insurance company on 10/26/16. I had started my online claim before the accident but didn't get far, never having gotten to the documentation phase.

I thought I was screwed and wouldn't get anything. I still called the help line around once a month and was told either they didn't know anything or I was not eligible for anything. After some renewed research here, it seems I might still be eligible for the restitution payment. A few weeks ago the lady on the help line told me I was not eligible but that she would escalate it to a review board of some kind and they would email me. I called again a couple of days ago and was told that it was never sent to the review board, but that they would send it ASAP, and that I would hear from them this week. I am of course skeptical that that will actually happen.

Sounds like I will have to do the paper long form and be very persistent. I'm wondering if I should get in touch with Class Council right away. Also, what paperwork will be required? Sounds like Bill of sale (which I just got a copy of from the dealership I bought the car from), and proof of registration. I don't think I have any resitration paperwork anymore for the car. Maybe DMV would have something I can use?

Bruce Land and Patter98: Any updates on your payments?

ahut2000 · May 4, 2017

i would definitely get in touch with the claims counsel. That is the only reason anything ever happened with my claim.

VWMark said:
Glad I found this thread. I'm in a similar situation, but with a few wrinkles! My car was in an accident on 6/09/16 and classified as a total loss by the insurance company. At the time I called the VW help line a couple of times and got e few different answers. I decided to hold on to the title for a while to see what would happen. Luckily, my insurance company was great about holding the car for many months without charging me anything. I finally signed the title over to the insurance company on 10/26/16. I had started my online claim before the accident but didn't get far, never having gotten to the documentation phase.

I thought I was screwed and wouldn't get anything. I still called the help line around once a month and was told either they didn't know anything or I was not eligible for anything. After some renewed research here, it seems I might still be eligible for the restitution payment. A few weeks ago the lady on the help line told me I was not eligible but that she would escalate it to a review board of some kind and they would email me. I called again a couple of days ago and was told that it was never sent to the review board, but that they would send it ASAP, and that I would hear from them this week. I am of course skeptical that that will actually happen.

Sounds like I will have to do the paper long form and be very persistent. I'm wondering if I should get in touch with Class Council right away. Also, what paperwork will be required? Sounds like Bill of sale (which I just got a copy of from the dealership I bought the car from), and proof of registration. I don't think I have any resitration paperwork anymore for the car. Maybe DMV would have something I can use?

Bruce Land and Patter98: Any updates on your payments?

patter98 · May 4, 2017

I haven't received any movement on my claim since receiving the offer letter for the restitution payment only on 4/17. I had that notarized and sent back on 4/18 which showed delivered on the following day 4/19. Since then i have received zero communication or change in my portal status. I elected for the EFT payment and just continue to monitor my email daily for an email regarding setting up the EFT. I did contact the Class Action Attorneys this week and received the least proactive response to date today stating "You will need to give VW a few more weeks to get through the claims process.".

That's where I am at currently. I will update when something more happens.

Best of luck everyone who continues to push down this path.

VWMark said:
Glad I found this thread. I'm in a similar situation, but with a few wrinkles! My car was in an accident on 6/09/16 and classified as a total loss by the insurance company. At the time I called the VW help line a couple of times and got e few different answers. I decided to hold on to the title for a while to see what would happen. Luckily, my insurance company was great about holding the car for many months without charging me anything. I finally signed the title over to the insurance company on 10/26/16. I had started my online claim before the accident but didn't get far, never having gotten to the documentation phase.
I thought I was screwed and wouldn't get anything. I still called the help line around once a month and was told either they didn't know anything or I was not eligible for anything. After some renewed research here, it seems I might still be eligible for the restitution payment. A few weeks ago the lady on the help line told me I was not eligible but that she would escalate it to a review board of some kind and they would email me. I called again a couple of days ago and was told that it was never sent to the review board, but that they would send it ASAP, and that I would hear from them this week. I am of course skeptical that that will actually happen.
Sounds like I will have to do the paper long form and be very persistent. I'm wondering if I should get in touch with Class Council right away. Also, what paperwork will be required? Sounds like Bill of sale (which I just got a copy of from the dealership I bought the car from), and proof of registration. I don't think I have any resitration paperwork anymore for the car. Maybe DMV would have something I can use?
Bruce Land and Patter98: Any updates on your payments?

patter98 · May 6, 2017

All,

Yesterday my portal changed status stating as of 5/5/17 that "Settlement Complete" and in small print under it that if i indicated that "you should receive your check payment in the mail or an email from JP Morgan Chase if you elected electronic funds transfer within 3 business days.".

This appears to be very good news, I will be watching for the email and see if it does come by mid-week next week.

I wanted to note that my portal homepage still shows the old incorrect offer as it has since December. I instead have been monitoring the status by selecting the "Account" button on the top right of the page and selecting then "Claim Status". That has been changing along the way to track my totaled offer status.

-J

Bruce Land · May 10, 2017

Claim line today indicated that my restitution check has finally been issued but they do not have a tracking number yet. Asked to call back later today or tomorrow.

I checked my claim status online and the information posted is incorrect. I do not know if you can use the claim website to check your status if your are only getting restitution after a car being totaled.

ahut2000 · May 11, 2017

That's good news! I received the same answer from the claims counsel that you did about just waiting a couple of weeks for Volkswagen. As of now I am just sitting here waiting for something to happen on the portal page as I have received no communication.

Bruce Land said:
Claim line today indicated that my restitution check has finally been issued but they do not have a tracking number yet. Asked to call back later today or tomorrow.

I checked my claim status online and the information posted is incorrect. I do not know if you can use the claim website to check your status if your are only getting restitution after a car being totaled.

Bruce Land · May 12, 2017

Talked to claim line on 5/11/7 to get my tracking number for my check. They are now saying that tracking numbers will not be issued for restitution payments but the check will have to be signed for when it arrives. Looks like to me they will say anything to get you off their backs.

I have contacted the law firm again to see if they can get an accurate status for me. Seems like this will never end.

patter98 · May 13, 2017

I talked to the Claim Line on 5/11 after the 3 business days had passed. The agent had to call over to the "payment processing department" and verified they had initiated my EFT but it is currently taking 10-14 business days for the email to be sent by Chase.

I am agreeing they will say anything to get you off the phone and extend your need to call back.

Will update if anything further happens.

-J

ahut2000 · May 16, 2017

This is what the rep said. Pretty generic

Leah @ 5/16/17 8:14 AM :

==> Okay, it looks like the payment was issued to be disbursed to you. However, due to our new process for these payments that went into affect this week, some of these payments are taking a little longer. What I am going to do is get this payment escalated to our payment triage team and from there, they will be able to get that payment out to you.

ahut2000 · May 23, 2017

patter98 said:
I talked to the Claim Line on 5/11 after the 3 business days had passed. The agent had to call over to the "payment processing department" and verified they had initiated my EFT but it is currently taking 10-14 business days for the email to be sent by Chase.

I am agreeing they will say anything to get you off the phone and extend your need to call back.

Will update if anything further happens.

-J

Any news? I had further contact with them today and they are yet again beating around the bush

Niceaproch · May 25, 2017

Same Crap every day

I am SO tired of this crap!!!!my offer package has been completed and I've been waiting for my eft for weeks. I call every day , chase, the help line and the service number and have even resorted to the lawyers. Chase sends the email Letter as soon as they hear from vw, it's an automated process, so all the hold ups are with vw. They are the ones NOT Sending the payments to chase. I constantly get a different answer on the holdups and I have no car and walk to work every day carrying my oxygen tank because until this payment comes through I can't get a car. I was told total cars are handled differently and I get that but there's no reason it should take payments this long restitution is restitution if people turning their cars and can get the restitution within 72 hours which is the law when the paperwork is completed then it should be the law and ruling that was our paperwork is completed that we get our restitution payment within 72 hours it shouldn't make a difference. I'm so angry and so frustrated And literally every time I talk to them now I'm resorted to just crying because I have no help. Please if anybody gets the restitution please update right away so we know that there's hope in sight

Niceaproch · May 25, 2017

Bruce did the law firm do anything for you? Or did you ever receive your payment

patter98 · May 29, 2017

ahut2000 said:
Any news? I had further contact with them today and they are yet again beating around the bush

I haven't gotten any further. I have contact VW multiple times and gotten different answers including even saying that EFT isn't an option and that a "manual check" will be issue. The class action attorneys have told me that if i have not received payment by June 1st to contact them again and they will escalate on my behalf to try and resolve. We will see what happens....

-J

Bruce Land · May 30, 2017

Talked to law firm again last week. They are not getting any updates from VW on my account. The firm said that VW was taking longer to issue checks for totaled cars since there has been cases where fraud was involved in some of the totaled cars. I do not have any more info on this. The law firm said they would again talk to VW counsel and try to get my check expedited.

Today I called the claim line again and told that at 0831 today my claim had been given to a different department to get my check sent. They said to wait until this Friday to call back and they should have a tracking number.

I still do not trust anything the claim line will tell you and the law firm admited that their hands are tied in dealing with VW. They indicated that the judge knows about the delays that we are seeing for getting the restitution payment on a totaled car.

I will report back on Friday if I get a tracking number. Don't hold your breath!!!

lvrpl · May 31, 2017

I've got a question I was hoping for some guidance on - can anyone point me to where in the settlement documents it says that cars totaled after June 2016 are eligible for the full restitution payment? I swear I read it somewhere before but now that I'm looking through the documents (I'm using the ones from the FTC website), all I can find about totaled cars is that, for someone that totaled it before June 2016, they can be considered an "Eligible Seller" and get half the restitution money. Can't seem to find anything for people that totaled after Sept 2016.

Thanks for any help.

DanB36 · May 31, 2017

You'll find it in the class action settlement agreement; it isn't in the FTC settlement.

VWMark · May 31, 2017

lvrpl said:
I've got a question I was hoping for some guidance on - can anyone point me to where in the settlement documents it says that cars totaled after June 2016 are eligible for the full restitution payment? I swear I read it somewhere before but now that I'm looking through the documents (I'm using the ones from the FTC website), all I can find about totaled cars is that, for someone that totaled it before June 2016, they can be considered an "Eligible Seller" and get half the restitution money. Can't seem to find anything for people that totaled after Sept 2016.

Thanks for any help.

See this document, section 4.2.2, page 17:

https://www.vwcourtsettlement.com/en/docs/PSC/Approved Class Action Settlement Agreement.pdf

Here is the relevant sentence:

"Any owner whose Eligible Vehicle was totaled and who consequently transferred title of his, her, or its vehicle to an insurance company on or after the Opt-Out Deadline, but before the end of the Claim Period, will be entitled to Owner Restitution but not a Buyback payment."

Opt-Out deadline: September 16, 2016
End of Claim Period: December 30, 2018

lvrpl · May 31, 2017

Awesome, thanks so much for the help.

Pdizuzio · Jun 3, 2017

Still not getting anywhere with VW on my totaled claim. Now they are stating that they require additional information -- "proof of vehicle transfer to insurance". I had already supplied the Certificate of Destruction, showing when the car in the insurance's hands and letter from the insurance stating when the car was transferred over.

So my question is what documents did you all send to VW to prove your car was transferred to the insurance company. Any help would be appreciated.

Bruce Land · Jun 5, 2017

Talked to claim line last Wednesday. They said my claim had been sent to a Triage Team on Tuesday May 30 at 0830 in the morning. They said I should call back last Friday for a tracking number. No tracking number available. They said to call back today and guaranteed a tracking number would be available. No tracking number today either. I guess the Triage Team is going to work at the same slow pace that the rest of the VW organization works at.

I sent an email to the law firm that I have been talking to. I think they may have gotten my claim escalated to the Triage Team but that has not gotten my check issued any sooner.

ahut2000 · Jun 5, 2017

I have got to the point of speaking with two different law firms and the claim reps and still nothing is helping. Sucks I am not going to buy any more Volkswagen's after this level of treatment. Next car will probably be a Subaru!

Niceaproch · Jun 6, 2017

Fuel to the fire

So like everyone else here I've been waiting forever for my restitution payment and my package is been completed now for 2 1/2 months and shows online completed for 2 1/2 months and I keep getting a different date for my payment. I finally spoke with the supervisor today after my escalation who stated that they have not paid anybody restitution on a totaled car yet and have no intention of paying it for a very long time yet on which I'm throwing down the bull**** flag why do we have to wait if it has to be paid Then it should be paid now if I paperwork done it shouldn't be months from now it should not be taking this long this is ridiculous. I too have been in touch with the law firm the law firm is tried emailing VW several times about my case and still has received no response VW is basically stonewalling them which again I'm asking how they can they get away with this we have a legal right to this payment are PaperWorks done how can they just not pay it.

cyclopropene · Jun 6, 2017

ahut2000 said:
Sucks I am not going to buy any more Volkswagen's after this level of treatment. Next car will probably be a Subaru!

How much does Subaru pay to buy back totaled cars?

ahut2000 · Jun 7, 2017

cyclopropene said:
How much does Subaru pay to buy back totaled cars?

Apples and Oranges right here. I wish my VW didn't get totaled by a tree.. I would have kept it. Just the way they are treating myself and other long-time customers has inspired me to no longer be supportive of their enterprise.

VWMark · Jun 7, 2017

fookin said:
What then is the next owner entitled to? If an owner1 totaled their car after Sept 2016, transferred title to insurance, filed for restitution, car gets auctioned off, then owner2 picks up the car, fixes, registers, obtains salavage title... Is owner2 entitled to buyback AND restitution?
Yesterday I called the settlement people and they said yes, I (I am owner2) get buyback and restitution. Today I called and the person did not know. They stated the splitting of restitution but that only applies if you sold before Sept 2016
Note that in the settlement there is no double compensation. "Once an Eligible Vehicle has been remedied pursuant to an
Approved Emissions Modification and Owner Restitution has been paid to the Eligible
Owner (and Seller Restitution to the Eligible Seller, if applicable), Volkswagen shall not
have any obligation to pay any additional Restitution Payment for that Eligible Vehicle."
In that paragraph it states the car has to be remedied and paid restitution to remove VW obligation for additional restitution. If it hasn't bee remedied then it appears an owner2 would get restitution.

I would think owner 2 could do the buyback, but would not get the restitution part. That would make sense to me, but who the hell knows!

fookin · Jun 7, 2017

VWMark said:
I would think owner 2 could do the buyback, but would not get the restitution part. That would make sense to me, but who the hell knows!

Sorry. My brain fart. I got the cash on top of the buyback mixed up with restitution. You are correct, one does not get restitution on top of buyback no matter what the case is.

VWMark · Jun 7, 2017

fookin said:
Sorry. My brain fart. I got the cash on top of the buyback mixed up with restitution. You are correct, one does not get restitution on top of buyback no matter what the case is.

Not a brain fart at all. The wording is a bit confusing, but when you do the buyback, it's actually 2 parts. The restitution part, around $5100 for the older cars, is paid for all 3 cases, totaled car, emission fix, or buyback. The other part, around $10,000 for my 2010 golf, is the supposed to be the what they are paying for the car. What I'm saying is owner 2 who buys a totaled car should only get the 10,000 part, not the full $15,000 buyback amount, as the restitution part goes to owner 1. I have no idea what they will actually do, but besides your quote above, I have not researched it.

fookin · Jun 8, 2017

VWMark said:
Not a brain fart at all. The wording is a bit confusing, but when you do the buyback, it's actually 2 parts. The restitution part, around $5100 for the older cars, is paid for all 3 cases, totaled car, emission fix, or buyback. The other part, around $10,000 for my 2010 golf, is the supposed to be the what they are paying for the car. What I'm saying is owner 2 who buys a totaled car should only get the 10,000 part, not the full $15,000 buyback amount, as the restitution part goes to owner 1. I have no idea what they will actually do, but besides your quote above, I have not researched it.

I guess I'm still confused. I've already turned in a car prior to this posting last December for buyback. The amount was as per the calculator at https://agrahamg.github.io/VWBuybackCalculator/ or very close to it. That amount was also what the claims site quoted me prior to me uploading docs. Now for these two cars I mention I get the same buyback quote prior to uploading docs and that quote matches the calculator website. So, I'm not clear how "buyback" is broken out with "restitution".

I'm speculating to my benefit; but I would think the spirit of the buyback (which includes "restitution" or "cash") would always be the full amount because there's no way for a new owner to have benefited somehow from their acquisition of the vehicle, now salvaged, however that may be, from a prior owner who benefited from a restitution-only payment.

Bruce Land · Jun 9, 2017

Just called the claim line about the tracking number for my check. I was told that VW has had more totalled car claims and have no determined how to handle these cases. I think this is total BS. They told me about 3 months ago that they had determined how to handle these cases. I submitted my long form claim and it was approved and I got my claim letter. My account states that closing is complete.

I believe VW is delaying on paying these claims since our cars are already off the road. The law firm I have been working with seems to have their hands tied. They now will not respond to my emails.

patter98 · Jun 9, 2017

Bruce Land said:
Just called the claim line about the tracking number for my check. I was told that VW has had more totalled car claims and have no determined how to handle these cases. I think this is total BS. They told me about 3 months ago that they had determined how to handle these cases. I submitted my long form claim and it was approved and I got my claim letter. My account states that closing is complete.

I believe VW is delaying on paying these claims since our cars are already off the road. The law firm I have been working with seems to have their hands tied. They now will not respond to my emails.

I just noticed as well that my claim on the portal now shows "Our records show that this claim is now complete" as well. That was not like that yesterday.

Restitution Payment on Totaled Car

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