Better not crash your car between June 28th - Sept 16th

[da_jokker]

11. Can I receive benefits if my car was totaled after September 18, 2015?

If you owned an Eligible Vehicle that was functioning and operable as of September 18, 2015, but was subsequently totaled (and the title was transferred to an insurance company), you will be eligible for benefits under the Class Action Settlement as described in this notice at Question 19. There is one exception: if your car is totaled after June 28, 2016, but before the opt-out date (September 16, 2016), you are excluded from the settlement class and reserve your rights and claims against the Volkswagen entities.


So as long as you are eligible now, you can total your car after Sept 16, but if you do it within the next 12 weeks, you are in bad shape?


Anyone read this differently? (I wonder why this clause is in there?)

 

[billmn]

Do you have a link to this article?

My car was totaled out out in November and I was assuming I was completely SOL and would loose any and all $$ But I was able to get the $1000 good will by having the shop tow the car to my VW Dealer (with me knowing full well it was totaled)

 

[da_jokker]

Can't remember the link, but I saved the PDF it is called "Exhibit 3 - Long Form Notice.pdf"

 

[bonyicecream]

https://www.vwcourtsettlement.com/en/docs/PSC_Settlement_Agreement/Settlement%20Agreement/Exhibit%203%20-%20Long%20Form%20Notice.pdf

Page 13

 

[IndigoBlueWagon]

Personally I think you're better off not crashing your car ever. But if you do, seems you have an established value you can use to negotiate the insurance payout.

Drive carefully.

 

[emersonbiggins]

Personally I think you're better off not crashing your car ever. But if you do, seems you have an established value you can use to negotiate the insurance payout.

Drive carefully.

Well, the real question is would your (or the other driver's) insurance company use this table, or simply rely on KBB or NADA's current, severely undervalued data for these cars? You might be SOL on the "compensation" aspect of the tables, meaning you'd miss out on $5,000+ in added value prior to September 2015. Plus, if the insurance company uses current value, they'd simply total most cars out anyways, esp. the Gen 1 models. I'm not sure why this provision is even in the settlement, as it engenders significant risk for the 500,000 cars still out there today.

 

[IndigoBlueWagon]

Insurance settlements are always negotiable. If nothing else the buyback numbers establish a value for purchasing a similar car.

But if you wreck the car (or if it's stolen) you may miss out on the additional payment, I agree.

 

[ListentoTDI]

I'm generally in favor of the whole settlement with the exception of this exact clause. Can any smart person here explain why the lawyers agreed to put this in? I'm not saying I intend to go out and total my car, but I also didn't intend to have to be forced to fix/buyback when I purchased it 4 years ago.

I mean - at this point it happened, I own it - and there's a settlement (to be approved)...so what's the difference between before June 28th and the opt-out period?

 

[krebsy75]

This is the #1 issue I have as well.

 

[krebsy75]

I'm generally in favor of the whole settlement with the exception of this exact clause. Can any smart person here explain why the lawyers agreed to put this in? I'm not saying I intend to go out and total my car, but I also didn't intend to have to be forced to fix/buyback when I purchased it 4 years ago.

I mean - at this point it happened, I own it - and there's a settlement (to be approved)...so what's the difference between before June 28th and the opt-out period?

This whole thing is about getting TDIs off the road or fixed. If you end up in a accident that results in a total loss, there is no operating TDI to recover.

Technically, it does make sense why they are doing this. Having said that, I don't like it either.

Eventually this scenario will play out for someone. It will be interesting to see what comes of it.

 

[da_jokker]

Eventually this scenario will play out for someone. It will be interesting to see what comes of it.

As long as it's not 'me'

 

[habsfan]

In Canada, many of the auto insurer policies have a depreciation waiver for anywhere from 2 to 5 years after purchase, which means if the car is totalled you get the original purchase price, including sales taxes. Don't know how many, if any, US auto insurers carry the same rider but it might be worth double checking your policy coverage.

 

[bateau]

Here's what my SAFECO agent had to say:

"Any claim situation would be independent of Volkswagen’s policy on these vehicles. We would assess the market value of the vehicle based on comparable vehicles in the market close to the policy location. VW’s policy would not come into play with our assessment.
Since this is a hypothetical situation we would not be able to give any value on the vehicle noted. We would need to review a reported loss independently based on the merits of the loss. Many items come into play such and we would need a reported loss to investigate value further."

 

[Fitzwilly]

i've been debating parking the car and getting a cheap lease or buying my wife a 4Runner since her Chevy lease is up in Feb.

i am taking a $10K gamble every time i leave my garage in my '12 Golf 4dr...

 

[ecupip]

If it gets wrecked between now and then keep the insurance companies out of it if it is still drivable. Limp that mangled beer can to the dealer and hand over the keys.

 

[IndigoBlueWagon]

i am taking a $10K gamble every time i leave my garage in my '12 Golf 4dr...

You probably have always been doing that. Most people lose money when they wreck their car.

 

[Ackevor]

Yesterday on the way home from work after reading the news, I had an older couple nearly total my car when pulling out from a cancer center... I was in the right lane doing 40mph, they were stopped waiting for the light to change. The way the pull in and out area is designed, their bumper is about 1 foot from the white line of the right lane. As I approached the intersection at approximately 1.5 car lengths from them, they jutted out and stopped halfway into the lane (kinda like one foot on brake, one on gas and had an oooops moment).

No clue how I managed to completely avoid them without hitting the cars in the left lane, its like I have a subconscious that's an Indy car driver. I mean instant reaction missing their bumper by maybe a couple inches as well as the cars on the left. They managed to reverse back before the next car reached them. I barely knew what happened until I was looking at them in my rearview...

Stuff like this is exactly why I am considering not driving it for another year with no depreciation... probably best to sell it back asap.

 

[da_jokker]

Yesterday on the way home from work after reading the news, I had an older couple nearly total my car when pulling out from a cancer center... I was in the right lane doing 40mph, they were stopped waiting for the light to change. The way the pull in and out area is designed, their bumper is about 1 foot from the white line of the right lane. As I approached the intersection at approximately 1.5 car lengths from them, they jutted out and stopped halfway into the lane (kinda like one foot on brake, one on gas and had an oooops moment).

No clue how I managed to completely avoid them without hitting the cars in the left lane, its like I have a subconscious that's an Indy car driver. I mean instant reaction missing their bumper by maybe a couple inches as well as the cars on the left. They managed to reverse back before the next car reached them. I barely knew what happened until I was looking at them in my rearview...

Stuff like this is exactly why I am considering not driving it for another year with no depreciation... probably best to sell it back asap.

well the good news is that had the impact only damaged up the car.. you would still be in good shape. Hell you may have even made money because their insurance would have had to pay you for damages that you would actually not have to fix before you get it stolen by you from VW.

 

[bloc]

Here's what my SAFECO agent had to say:

"Any claim situation would be independent of Volkswagen’s policy on these vehicles. We would assess the market value of the vehicle based on comparable vehicles in the market close to the policy location. VW’s policy would not come into play with our assessment.
Since this is a hypothetical situation we would not be able to give any value on the vehicle noted. We would need to review a reported loss independently based on the merits of the loss. Many items come into play such and we would need a reported loss to investigate value further."

And here's what most attorneys would say: you have a good case.

 

[aneblanc]

11. Can I receive benefits if my car was totaled after September 18, 2015?
If you owned an Eligible Vehicle that was functioning and operable as of September 18, 2015, but was subsequently totaled (and the title was transferred to an insurance company), you will be eligible for benefits under the Class Action Settlement as described in this notice at Question 19. There is one exception: if your car is totaled after June 28, 2016, but before the opt-out date (September 16, 2016), you are excluded from the settlement class and reserve your rights and claims against the Volkswagen entities.
So as long as you are eligible now, you can total your car after Sept 16, but if you do it within the next 12 weeks, you are in bad shape?
Anyone read this differently? (I wonder why this clause is in there?)

Could someone please tell me what the "opt-out date (September 16, 2016)" is?

Could also someone tell me what kind of deadline July 29th is?

Do those dates have relevance also for Canada?

Thanks

 

[Ursadorable]

Do those dates have relevance also for Canada?
Thanks

Nothing has been announced for Canadians at this point. You might want to watch the Canadian Dieselgate thread for more info as it becomes available.

 

[2015vwgolfdiesel]

As long as it will drive under its' own power to the point

You can get the buy back

Condition is no issue.

 

[numl0ck]

And here's what most attorneys would say: you have a good case.

I would think this would be an easy win in small claims court to get the buyback value (if it even had to go that far).

That said...*knocks on wood*

 

[pkhoury]

Those in Texas better hope we don't have anymore bad hail storms this year. Deer and wild hogs, that's another thing; I've hit deer and other animals in all three cars - half a dozen comprehensive claims in the past year and a half, but amazingly, none have been a total loss, although the last one came close (95% of the car's value).

 

[bloc]

Those in Texas better hope we don't have anymore bad hail storms this year. Deer and wild hogs, that's another thing; I've hit deer and other animals in all three cars - half a dozen comprehensive claims in the past year and a half, but amazingly, none have been a total loss, although the last one came close (95% of the car's value).

From the way you talk about wildlife a couple of these may be a good investment:

 

[pkhoury]

Well, you're in Austin, so you wouldn't understand. I don't think you have deer that hang out in the city and run across the road. Come to 16 or 87 near Fredericksburg between 4pm and 4am, and you're bound to hit something. Last night, for instance, I ran over a skunk coming back from the rodeo in Leakey. It was that, or end up like the people who flipped their Chevy truck on 337 (probably to avoid a deer).

The picture above would be GREAT for those trying to avoid hail.

 

[rwolff]

Since VW is known to have taken the illegal cheap route rather than doing things right (otherwise Dieselgate would never have happened), I'm concerned about the "donut hole" during which vehicles that get totalled are excluded from compensation. I'm sure there are plenty of inner city thugs who would be glad to "bounty hunt" TDIs, carjacking and then destroying them for a fraction of what VW would need to pay out for compensation if it hadn't been totalled during the "donut hole".

 

[turbobrick240]

I can see the tdi vandalizing hoodlums now. If only Stanley Kubrick were still around.

 

[pikawel]

Hey all,
I got in an accident on 6/24 and the car may be a total loss. I was told by the body shop that it can go either way. The car is drivable but had nearly every panel damaged aside from the passenger doors so the repair price tag is large.
I don't know what my options will be if it's considered a total loss. I can take the insurance pay out and opt to retain the car. The date of loss would be before the 6/28 announcement which is important as far as totaling the vehicle goes per VW's extensive PDF.
Would I end up in a situation where I'm paid twice? Once for the totaled cash out value and the VW buyback?
I'll try calling VW's claim phone number but so far I've only received a fast busy.

 

[flee]

Hey all,
I got in an accident on 6/24 and the car may be a total loss. I was told by the body shop that it can go either way. The car is drivable but had nearly every panel damaged aside from the passenger doors so the repair price tag is large.
I don't know what my options will be if it's considered a total loss. I can take the insurance pay out and opt to retain the car. The date of loss would be before the 6/28 announcement which is important as far as totaling the vehicle goes per VW's extensive PDF.
Would I end up in a situation where I'm paid twice? Once for the totaled cash out value and the VW buyback?
I'll try calling VW's claim phone number but so far I've only received a fast busy.

Do you own a vehicle that is involved in the settlement? Your sig says 2006, etc.