2012 TDI totaled after proposed settlement released.

Oldakasha

Member
Joined
Jul 20, 2016
Location
Austin
TDI
2012 Jetta TDI
On July 1st a dump truck lost a portion of its load in front of me as my daughter and I were driving. The total damages to my car are approximately $14,000. My car has been declared a total loss. The damage is all mechanical. I was told the transmission needs to be replaced. The insurance company only wants to pay around $10,000 for my car. The VW lawyers told me I am excluded from the settlement because it happened after June 28. Anyone know why they did this? Should I have any recourse with the insurance company? Why is the settlement amount not considered the current cash value ? Thanks in advance for any input.
 

IndigoBlueWagon

TDIClub Enthusiast, Principal IDParts, Vendor , w/
Joined
Aug 16, 2004
Location
South of Boston
TDI
'97 Passat, '99.5 Golf, '02 Jetta Wagon, '15 GSW
Glad you and your daughter weren't hurt. One thing I really like about VWs is their ability to protect occupants in a crash.

Unfortunately, from the insurance companies perspective $10K is the current cash value of your car. If you look up your car on kbb.com, or shop for a similar car on Craigslist, you can verify that what they're offering you is in line with the market. If not, you can ask them to find a replacement for your car at the same price as they're offering you. That's a typical negotiating strategy.

The buyback plan isn't final. The proposed buyback and restitution amounts offered by VW are just that, proposals. Since the plan wasn't final at the time you totaled your car the insurance company probably won't consider those values are real, like it or not.

You could see if a lawyer can get you more money. I don't know what you came up with as a buyback value for your car, but it seems this could become a losing proposition pretty quickly. Having said that, $10K seems low to me. My daughter recently wrecked her 2013 Jetta S and got $12,500 or so for the car. Even though it was a year newer, it was a far less expensive car.
 

2015vwgolfdiesel

Top Post Dawg
Joined
Jan 1, 2016
Location
Oklahoma
TDI
2015 VW Golf S DSG Silver
On July 1st a dump truck lost a portion of its load in front of me as my daughter and I were driving. The total damages to my car are approximately $14,000. My car has been declared a total loss. The damage is all mechanical. I was told the transmission needs to be replaced. The insurance company only wants to pay around $10,000 for my car. The VW lawyers told me I am excluded from the settlement because it happened after June 28. Anyone know why they did this? Should I have any recourse with the insurance company? Why is the settlement amount not considered the current cash value ? Thanks in advance for any input.
My dumb question is -- did you get the name or tag on the truck

Years ago a dumper spewed stuff and I caught a piece on the nose of the hood. We followed until he had to slow down and got his tag.

One phone call resulted in a check
 

Oldakasha

Member
Joined
Jul 20, 2016
Location
Austin
TDI
2012 Jetta TDI
Yes. I have the information on the driver and his company. This wasn't just a couple of things that blew out of the truck. They had to shut down the road and get two bobcats out there to remove the large rocks and other debri from the road. The driver kept going but came back to the sight of the accident. I'm not sure if by choice or for the simple fact that he dumped his load right outside his employers driveway. Im not even certain what kind of lawyer to search for at this point but it looks like it's my only option. The buyback on my car fell somewhere between 17 and 18 thousand so J stand to lose a decent amount out of this ordeal. The insurance company is using comparisons from 3 local dealerships that have Jetta TDI's. They are placing value on these cars that can't be legally sold. Shouldn't they be looking at private parties since that is the only way these cars can be purchased?
 

fredthe

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Jul 18, 2012
Location
Bowie, MD
TDI
2013 Passat SEL Premium DSG, 2015 Golf Sportwagon SEL DSG
The insurance company is using comparisons from 3 local dealerships that have Jetta TDI's. They are placing value on these cars that can't be legally sold. Shouldn't they be looking at private parties since that is the only way these cars can be purchased?
If they are used, and not CPO, the dealerships can sell them. If they are really for sale and comparable, you should be able to replace yours with one of them and then sell it back to VW later... but you might want to contact the plantiff attorneys (supposed to be in the documents somewhere) and ask.
 

yoda254

Member
Joined
Mar 17, 2014
Location
tx
TDI
2012 jetta tdi sedan
I'm pretty much in the same boat but i wrecked my car on 6/26/16.
 

Oldakasha

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Joined
Jul 20, 2016
Location
Austin
TDI
2012 Jetta TDI
The lawyers told me to buy it from the insurance company and fix it enough to be operable. However, if I do this I cannot use my GAP insurance . I would have to pay the difference between what the insurance gives me and what I owe, pay to buy it plus fixing it. So ridiculous.
 

tonestar

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Joined
Jul 5, 2016
Location
Tri-State New York
TDI
2006 Golf TDI (Canadian Import) 5 Speed, 2015 Golf TDI SE DSG, 2015 Jetta TDI SE (connectivity) DSG
Unfortunately, you're SOL. This is why so many people are rushing to give their cars back. It may make the most financial sense to keep it until 2018, but it's a gamble. Just take the GAAP/insurance money and move on.::
 

Bisoned

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Jan 30, 2016
Location
Ri
TDI
13 Passat
The lawyers told me to buy it from the insurance company and fix it enough to be operable. However, if I do this I cannot use my GAP insurance . I would have to pay the difference between what the insurance gives me and what I owe, pay to buy it plus fixing it. So ridiculous.
Can't have a salvage title, unfortunately. It seems your only recourse is to get a lawyer
 

DanB36

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Joined
Jul 13, 2003
Location
Savannah, GA
TDI
2014 Q5 Prestige TDI, Monsoon Gray
Can't have a salvage title, unfortunately.
Not exactly; the exclusion is narrower than that. Don't remember the exact terms, but I think it's having bought the car with a branded title from a junkyard after 9/17.
 

Oldakasha

Member
Joined
Jul 20, 2016
Location
Austin
TDI
2012 Jetta TDI
You can have a salvaged title as long as it was after the scandal was made public. The Lawyers in the VW case are the ones that presented me with this option.
Yes the damage is mechanical. The transmission is $5,400 of the damage. The dump truck basically dumped boulders and debri from his truck. My car went over this at about 60mph. There was no notice and no way around it without flipping the vehicle (which almost happened anyhow )or taking out numerous cars. It was a bad situation. There is little to no body damage to the car.
 

PFCoppinger

Veteran Member
Joined
Oct 3, 2013
Location
Worcester, MA
TDI
2014 Jetta Sportwagen
I believe that this is a risk through this coming September. After that point, the owner of a totaled car can be in the settlement class anyway, but gets the "restitution" payment only. So, if your car is totaled in October, you can still get the insurance payment plus the restitution payment.

That still presents a risk of loss-- because the buyback price is fixed as of Sep 2015, and the insurance payment will reflect depreciation since Sep 2015. If sales data begins to show prices that are rising because of the support from the buyback, then even that gap may shrink.

I suppose that there are people who will rush back to do the buyback to avoid this risk, but it also seems like they probably are the people who don't really understand the risk in the first place.

From June through September, though, is a different story. Some people have stored their cars for the summer to avoid this. I'm not sure of the wisdom of that either (spending $5000 to avoid the 1% chance of the loss of $8000 is a bad deal) but to each his or her own.
 

Matt927

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Dec 29, 2013
Location
Northeast
TDI
several
My 2015 Golf is paid for. It is parked with a cover in the back of the driveway till this fall. It is on a storage policy as well.

I will continue to drive the 2013 though.
 

G60ING

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Aug 5, 2001
Location
MD
TDI
No TDIs Currently, I have an R36 Corrado. I've had an ALH Corrado swap, AHU Corrado swap and 2003 TDI Jetta
You can have a salvaged title as long as it was after the scandal was made public. The Lawyers in the VW case are the ones that presented me with this option.
Yes the damage is mechanical. The transmission is $5,400 of the damage. The dump truck basically dumped boulders and debri from his truck. My car went over this at about 60mph. There was no notice and no way around it without flipping the vehicle (which almost happened anyhow )or taking out numerous cars. It was a bad situation. There is little to no body damage to the car.
buy back the wrecked car and then sell it back to VW:D
 

tanner

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Jan 31, 2013
Location
Alabama
TDI
2005.5 BRM 5-Speed, 2013 Golf TDI 6-Speed, 2011 Golf TDI 6-Speed
You can have a salvaged title as long as it was after the scandal was made public. The Lawyers in the VW case are the ones that presented me with this option.
Yes the damage is mechanical. The transmission is $5,400 of the damage. The dump truck basically dumped boulders and debri from his truck. My car went over this at about 60mph. There was no notice and no way around it without flipping the vehicle (which almost happened anyhow )or taking out numerous cars. It was a bad situation. There is little to no body damage to the car.
I'm just curious at 60 mph was this one the interstate? Also idk your driving style, but we have dump trucks around where I live (industrial park and concrete plants) and do you think you may have been following a little close, beside the point, but I usually give dump trucks twice as much gap between us than cars because theres always sand getting blown around by the wind and you can hear it hitting your car.

You're maybe SOL, I wouldn't buy the car back myself, I'd wait a few days or ask the insurance company to give you a week and if the court ruling is finalized point that out what the car is worth, if it's not finalized well probably just going to be happy the car payment is over with.
 

RollingCoal

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Joined
Nov 4, 2015
Location
Md
TDI
2015 Golf Tdi SEL
I'm just curious at 60 mph was this one the interstate? Also idk your driving style, but we have dump trucks around where I live (industrial park and concrete plants) and do you think you may have been following a little close, beside the point, but I usually give dump trucks twice as much gap between us than cars because theres always sand getting blown around by the wind and you can hear it hitting your car.

You're maybe SOL, I wouldn't buy the car back myself, I'd wait a few days or ask the insurance company to give you a week and if the court ruling is finalized point that out what the car is worth, if it's not finalized well probably just going to be happy the car payment is over with.
Giving driving lessons to the guy who just totaled his car with his child in the car is classless. You don't know the circumstances of the situation. Give the guy a break jeez.

Op I'm sorry you wrecked your car. Good luck with finding resolution.
 

Oldakasha

Member
Joined
Jul 20, 2016
Location
Austin
TDI
2012 Jetta TDI
Actually I wasn't following this truck. The dump truck lost its load pulling out of his employers driveway onto a highway where the speed limit is 70 mph. It was a holiday weekend and traffic was thicker than usual. My driving style had nothing to do with it. I was able to maintain control of the car and did not roll it or hit any other vehicles.
 

tanner

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Jan 31, 2013
Location
Alabama
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2005.5 BRM 5-Speed, 2013 Golf TDI 6-Speed, 2011 Golf TDI 6-Speed
Giving driving lessons to the guy who just totaled his car with his child in the car is classless. You don't know the circumstances of the situation. Give the guy a break jeez.

Op I'm sorry you wrecked your car. Good luck with finding resolution.
Actually I wasn't following this truck. The dump truck lost its load pulling out of his employers driveway onto a highway where the speed limit is 70 mph. It was a holiday weekend and traffic was thicker than usual. My driving style had nothing to do with it. I was able to maintain control of the car and did not roll it or hit any other vehicles.
Was not giving driving advice, just stating what I do, jeez. As you can see the OP clarified the incident. Best of luck on the situation.
 
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