$0 Restitution Offered In Buyback Offer

theWretched

New member
Joined
Jan 26, 2017
Location
Pacific NW
TDI
2010 Jetta Sportwagen
I have a 2010 JSW that I purchased in December of 2016. It was totaled on 7/21/2016, sold to an insurance company, purchased by a dealer, repaired and issued a rebuilt title on 11/29/2016, and shortly thereafter sold to me.

My buyback offer doesn't include the restitution payment at all - just the NADA vehicle value. The buyback letter says something like, "Based on the details of your claim, it appears that the former owner of your vehicle may be entitled to, and may have already received..." After chatting with a VW rep, I was told that on Dec 30th, IF the original owner didn't file a claim, that I'll get the full restitution.

Does this sound right? Seems to contradict what the Settlement Benefits says should occur (Exhibit 1, Section 5, subheading (b)):

For an Eligible Owner who acquired the Eligible Vehicle after September 18, 2015, Owner Restitution is equal to 50% of Owner Restitution under ¶ 5(a), plus a share of any unused portion of the funds set aside to pay Seller Restitution...​

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Just got off the phone with VW. Here's the scoop:

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.​

From Independent Claims Supervisor Feb 2018 report.

FYI, in case you have a similar situation!
 

TDIforDays

Veteran Member
Joined
Feb 27, 2017
Location
USA
TDI
few of each 2.0 and 3.0
You are lucky to even get buyback anything. There are many of us who were completely denied for salvage titled cars
 

jp77texags

Member
Joined
Jul 24, 2018
Location
Fredericksburg, Tx.
TDI
14 each, 2015 Touareg, 2015 Beetle, Passat, Jetta, Golf., 2014 Passat and Jetta, 2013 Passat and Jetta, 2012 Jetta 3 each, etc.
Restitution money would be really nice for my rebuilt TDI's .
Makes one wonder, how do we know they actually paid restitution to previous owner?
 

TDIforDays

Veteran Member
Joined
Feb 27, 2017
Location
USA
TDI
few of each 2.0 and 3.0
Restitution money would be really nice for my rebuilt TDI's .
Makes one wonder, how do we know they actually paid restitution to previous owner?
I was told that after January 1st 2019, VW will be doing an audit of all salvage claims. If there are any claims that were not paid restitution, they will send additional money.

I got "Top Off" payment for two 3.0L where previous owner claimed half of restitution and got denied. It took a while, but they sent me the extra money.

So I have no doubt VW will pay if there is money left over.
 

psd1

Veteran Member
Joined
Aug 4, 2011
Location
OR
TDI
2006 Jetta 2013 Passat SE 6Man
So why would the previous owner be entitled to ALL of the restitution, why not HALF like a clean title car?
 

S2000_guy

Veteran Member
Joined
Sep 4, 2013
Location
ohio
TDI
2014 Sportwagen TDI
So why would the previous owner be entitled to ALL of the restitution, why not HALF like a clean title car?

Because that's what the lawyers for VW and the government negotiated and agreed to. Anyone who didn't like the settlement was free to opt out; those who didn't opt out or purchased cars after the settlement accepted the terms of the settlement. The information was out there; you just had to let it in...
 
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