The title verbage shouldn't be the sticking point.
I think you guys are missing the point. The title status on specific dates is of key importance for meeting the eligibility requirements. I know a lot of this is rehash, but it's probably worth reading for some of you guys once again. It would be nice if VW would stop the arbitrary decisions and simply come up with a specific set of documents required from each owner to clearly determine eligibility.
For some of the specifics. For the Canadian person, VW and the courts have language in the settlement to deny cars with a title branded before 9/18/2015 as salvage, dismantled, junk, and mechanically unfit. Your problem is again with the semantics of the title status. The Canadian settlement does not reference "rebuilt" salvage title at all, so that may be your argument. This is different from the US definition. See this thread for more information:
http://forums.tdiclub.com/showthread.php?t=476957
Calguy wrote:
It was totaled 9/16/16 while leased and leasee received settlement compensation after title was transferred to insurance company.
So in your case, it's a little more complicated. As already mentioned and I stated long ago in this thread that VW should not have to reimburse multiple times for the same car. Restitution payment has already been handed out for this wrecked vehicle. Using a strict interpretation of the settlement and the CRC agreement, I believe you should be eligible for the vehicle value, but not the restitution. Good luck with that avenue, especially since it was a former lease vehicle which may exclude you entirely. The language in the settlement regarding how leased vehicles are handled is pretty complicated and I did not take the time to read through it.
Nanthacura - yours is a case where the dates related to the title status are critical. If your car was totaled prior to 9/18/15 and purchased from a salvage/insurance/junkyard auction or otherwise after 9/18/15, you're excluded regardless of current title status. If your car was totaled before 9/18/15, but not rebuilt before 9/18/15, you are also excluded, based on the latest CRC agreement. If your car was totaled after 9/18/15 but before June of 2016, but not rebuilt prior to June of 2016, you're most likely excluded. The only way you are included is if your car was totaled and then rebuilt before 9/18/15, or if your car was totaled after 9/18/15 and rebuilt prior to 6/28/16, or if your car was totaled after 6/28/16 and is now able to be driven under its own 2.0 power. So for you the key dates are the date the title was originally branded, the date the car was purchased by you or the previous owner if it transferred ownership with a salvage title, the date the car was issued a "rebuilt" or equivalent title, and some form of evidence the car was operable in June of 2016.
Once again, here is the wording from original settlement and the updated CRC agreement. Note the words used in the CRC agreement (ii) with regard to "SALVAGE REBUILT TITLE". This may be a catch all that impacts many of you for cars that were issued a branded title prior to 9/18/15, but not fixed until after 9/18/15. This is also a modification from the original settlement language. The fact that VW is also denying claims based on the operable definition of the original settlement as well as the class exclusion is also where title status on a specific date is very important.
Definition of operable from the original settlement:
2.50. “Operable” means a vehicle that can be driven under its own 2.0-liter TDI engine power. A vehicle is not Operable if it had a Branded Title of Assembled, Dismantled, Flood, Junk, Rebuilt, Reconstructed, or Salvaged on September 18, 2015, and was acquired by any person or entity from a junkyard or salvage yard after September 18, 2015.
Also excluded from the class
Owners whose Volkswagen or Audi 2.0-liter TDI vehicle (i) could not be driven under the power of its own 2.0-liter TDI engine on June 28, 2016, or (ii) had a Branded Title of Assembled, Dismantled, Flood, Junk, Rebuilt, Reconstructed, or Salvage on September 18, 2015, and was acquired from a junkyard or salvage yard after September 18, 2015;
Proving (i) that a car could be driven under its own 2.0 liter TDI engine for a vehicle that had a title status precluding it from being registered or legally operated on the road on June 28, 2016 is going to be next to impossible, unless it had a rebuilt title (or equivalent) on or before that date.
CRC Agreement
(i) Owners of vehicles that were branded on or before September 18, 2015, and were acquired from a junk yard, salvage yard, or the equivalent with a branded title after September 18, 2015, will be deemed ineligible for compensation.
(ii) Owners who acquired their vehicles prior to September 18, 2015, with a non-branded or salvage rebuilt title may be eligible for both Vehicle Value and Owner Restitution if the vehicles currently have a branded title (including salvage and salvage rebuilt titles), provided that all other eligibility requirements are met. If the vehicle currently has a brand of junk, non-repairable, “parts only,” or any equivalent brand denoting that the vehicle can never be rebuilt or repaired, the vehicle is eligible only for Owner Restitution.
(iii) Owners of used vehicles that were purchased with a branded title and had a “salvage rebuilt” or equivalent title as of February 26, 2018, are potentially eligible for Vehicle Value if all other eligibility requirements are met. If the previous owner of the vehicle does not submit a claim for Owner Restitution by the September 1, 2018 claim filing deadline, the consumer also may be eligible to receive Owner Restitution in addition to Vehicle Value.
(iv) Owners of used vehicles that were purchased with a salvage title and continue to have a salvage title on or after February 26, 2018, are ineligible for compensation. Once a vehicle has been deemed ineligible to participate in the Claims Program.
