pikawel
Veteran Member
I thought about updating that after I posted, hah. Yes, I have a 2013 Sportwagen.
Better not crash your car between June 28th - Sept 16th
- Thread starter da_jokker
- Start date
flee
Veteran Member
OK, then I would not 'total' your car but collect for repairs.
But only repair it enough to safely/conveniently drive until it can be fixed/bought.
But only repair it enough to safely/conveniently drive until it can be fixed/bought.
BJYCDD
New member
Ours was just totaled..
I was involved in a multi-vehicle accident on June 30th. Our 2015 Passat saved my life. I am amazed that I walked away with only a few minor scratches. We loved that car.
We are now waiting to hear back from the insurance company and are bracing for the worse. Per my calculations via KBB and NADA, I estimate the vehicle to have been worth far less than what we still owe on it.
So we now find ourselves in the mysterious time gap where, according to my interpretation of the proposed settlement, we are not eligible to participate in the claim.
I am at a loss. Any suggestions / recommendations would be greatly appreciated.
All the best,
I was involved in a multi-vehicle accident on June 30th. Our 2015 Passat saved my life. I am amazed that I walked away with only a few minor scratches. We loved that car.
We are now waiting to hear back from the insurance company and are bracing for the worse. Per my calculations via KBB and NADA, I estimate the vehicle to have been worth far less than what we still owe on it.
So we now find ourselves in the mysterious time gap where, according to my interpretation of the proposed settlement, we are not eligible to participate in the claim.
I am at a loss. Any suggestions / recommendations would be greatly appreciated.
All the best,
da_jokker
Veteran Member
Car has to have a clean title (I think) and be road legal and running/drivable.
Anything short of that, and you are going to take a hit. From what people are claiming, the newer cars with low mileage are making out like bandits.
Something to think about but you may see what it would take to get the car drivable again. A lot of repair is body work but you don't have to actually do. If you can get the car running and not under a salvage title you may still be in this thing.
Anything short of that, and you are going to take a hit. From what people are claiming, the newer cars with low mileage are making out like bandits.
Something to think about but you may see what it would take to get the car drivable again. A lot of repair is body work but you don't have to actually do. If you can get the car running and not under a salvage title you may still be in this thing.
pikawel
Veteran Member
Collect for repairs sounds like an important distinction; one I've never heard. I'll ask my agent about that today. The price they offered me is around $17000. I did not accept knowing I had to do more research. This amount was not including the deduction for its salvage worth IF I went that route.
Has anyone had any luck calling the VW claim line?
Jimmy Coconuts
Veteran Member
- Joined
- Jul 27, 2015
- Location
- Henderson NV
- TDI
- 2009 JSW, 2010 Jetta, 2011 Q7 Prestige, 2012 A3 Premium, 2013 A3 Premium Plus, 2014 Beetle, 2015 Jetta
While you may not be an eligible "class member" under the class action settlement, you still have the option of hiring an attorney and filing your own lawsuit to collect damages directly from VW. It is the same as opting-out of the class action.
For some reason, this clause is in the preliminary settlement, but it wouldn't surprise me if Judge Breyer scuttles it from the final settlement.
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FWIW, I filed as a part of the class action in September 2015, so I have an attorney helping me parse out the settlement documents. He's also a member of the plaintiff steering committee on the settlement. He confirmed that they could not come to an agreement on what to do if someone totals their TDI between June 28 and Sept 16. He said they went around and around about what to do but couldn't come to an agreement with VW, so yeah: there's a gap in the settlement. His suggestion was to be very careful and not to let an insurer total my car out if I could help it. He said as long as I could drive my car to the dealership, I'd get the buyback. Since I had some savings, I decided to go ahead and buy a replacement vehicle and store my TDI until the buybacks happen. I'll have 3 months of overlapping car payments, but I look at it as insurance against what has become a $29K asset--a 2014 JSW.
Wreck
Someone lost control of their vehicle, came across the median and smashed into me on Sunday, 7/3. I don't yet have a repair estimate but there is a good chance my car is totaled. 2014 JSW. I'm unclear about how this provision of the settlement works or exactly what I should or should not do. The accident was 100% the other guy's fault. I had to report to my insurance right away because I needed to use the rental coverage. So: (1) if the car is NOT totaled, what can I do? It seems crazy to spend a fortune repairing a car that is just going to be destroyed by VW in a few months. Could I just have them do the minimum repairs necessary to get the car driveable again? (2) If the car is totaled, does this mean I don't get anything at all except whatever value the insurance company decides my totaled car is worth?? That would be very seriously infuriating.
Any help/advice would be appreciated.
Someone lost control of their vehicle, came across the median and smashed into me on Sunday, 7/3. I don't yet have a repair estimate but there is a good chance my car is totaled. 2014 JSW. I'm unclear about how this provision of the settlement works or exactly what I should or should not do. The accident was 100% the other guy's fault. I had to report to my insurance right away because I needed to use the rental coverage. So: (1) if the car is NOT totaled, what can I do? It seems crazy to spend a fortune repairing a car that is just going to be destroyed by VW in a few months. Could I just have them do the minimum repairs necessary to get the car driveable again? (2) If the car is totaled, does this mean I don't get anything at all except whatever value the insurance company decides my totaled car is worth?? That would be very seriously infuriating.
Any help/advice would be appreciated.
(1) If it's not deemed totaled you might get a little less unlucky, pocket the estimate, make it driveable and turn it in for the full buyback amount.
(2) That's what it seems like.
I have send in a letter of objection complaining about this stipulation on the grounds that the settlement arbitrarily and temporarily creates a class of vehicles on the road that is underinsured. I have a slimmer of hope this clause gets stripped out of the finalized settlement later this month.
In your case, I would at the very least contact Defense Counsel for advise and not 'agree' to the insurance company declaring your car totaled until you have more information. Best of luck!
^^^what buzzo said.
The list of attorneys on the plaintiff steering committee has been published. I'd contact one of them first for a clear interpretation of your options. If it's totaled, you may need to settle with the guy's insurance and then file suit against VW, if the guy's insurance won't make you whole. Call an attorney TODAY.
The list of attorneys on the plaintiff steering committee has been published. I'd contact one of them first for a clear interpretation of your options. If it's totaled, you may need to settle with the guy's insurance and then file suit against VW, if the guy's insurance won't make you whole. Call an attorney TODAY.
sierra3
Well-known member
Fighting someone else's insurance company will be a lot easier to prove damages then fighting with your own (not your fault). Drag it out...TDI prices are going to dramatically rise over the next few months (there is an arbitrage value going on right now for depressed priced cars that will get full buyback value). Also point out that this driver also dropped you out of the class, and threaten the legal costs of getting your money back from VW.
As we discuss this situation....insurance companies and dealers are also strategizing.
As we discuss this situation....insurance companies and dealers are also strategizing.
Steam Engine
Member
Totaled prior to June 28
I think mine is driveable. But the other drivers insurance offered NADA clean retail that falls about 6K less than the calculations.
Now I'm waiting it out as I don't want to turn over the title till its official from VW.
Any advice? I was hoping I could take the insurance $$ and the $5000 compensation if I hold onto the title for now.
I think mine is driveable. But the other drivers insurance offered NADA clean retail that falls about 6K less than the calculations.
Now I'm waiting it out as I don't want to turn over the title till its official from VW.
Any advice? I was hoping I could take the insurance $$ and the $5000 compensation if I hold onto the title for now.
RollingCoal
Veteran Member
Can you point to where their emails are published? I'm wondering if emailing these guys is more effective then submitting a public opinion letter.
pikawel
Veteran Member
Also interested in this info!
Their email addresses weren't posted by the WSJ, but you should be able to track down contact info based on this article:
http://blogs.wsj.com/law/2016/01/22/elizabeth-cabraser-tapped-to-lead-vw-consumer-litigation/
Mollsmom
Member
Totaled by insurance, took back car for salvage
Our 2009 Jetta TDI like the above poster was also totaled on July 3, but I reached out to the settlement lawyers and a staffer told me to keep the vehicle, so I did - insurance deducted salvage value from payout. The staff person said:
1. Salvage title will not affect car (since it didn't have a salvage title on Sept 2015, and I did not purchase it from a salvage yard)
2. Only fix it to be "operable"
She thought we could even tow it within a few blocks of the dealership & drive it in.
I can get a salvage title without an inspection per state law, since it is owner retained.
Key is how VW will define operable. Passenger corner of front end is smashed in - radiator destroyed, fender, light. Per state law, operable means more than just "drivable" but staffer at lawyer said as long as it can drive into dealer under its own power it is operable.
She said there was no provision for condition so not to do body work or paint.
Thoughts? Am I just off base here?
Worse case I can sell it for parts I guess. Trying to decide whether to do bare minimum repairs.
Our 2009 Jetta TDI like the above poster was also totaled on July 3, but I reached out to the settlement lawyers and a staffer told me to keep the vehicle, so I did - insurance deducted salvage value from payout. The staff person said:
1. Salvage title will not affect car (since it didn't have a salvage title on Sept 2015, and I did not purchase it from a salvage yard)
2. Only fix it to be "operable"
She thought we could even tow it within a few blocks of the dealership & drive it in.
I can get a salvage title without an inspection per state law, since it is owner retained.
Key is how VW will define operable. Passenger corner of front end is smashed in - radiator destroyed, fender, light. Per state law, operable means more than just "drivable" but staffer at lawyer said as long as it can drive into dealer under its own power it is operable.
She said there was no provision for condition so not to do body work or paint.
Thoughts? Am I just off base here?
Worse case I can sell it for parts I guess. Trying to decide whether to do bare minimum repairs.
JohnQ
Active member
I totaled my car after september 2015 but before the recent string of court developments (lets call ot april 2016).
The car shows as a total lost in carfax, however i retained the car and stalled the insurance payout. I still have the title in my hand and the insurance company is hounding me to send them the title to stamp salvage and then they will send me the check... they seem to be u willing to keep this case open for my benefit.
What do I do?
The car is not in running condition so i cant drive it ibto a dealership. The registration has now expired and since its a total loss it cannot be reregistered without being "rebuilt".
The salvage value of the car was around 500$, so i thought i was doing the right thing by retaining ownership and taking the 500$ deduction.
Ask them to take the vehicle?
Send them the title now for stamping and retain ownership?
I have no idea how to proceed and not get screwed.
The car shows as a total lost in carfax, however i retained the car and stalled the insurance payout. I still have the title in my hand and the insurance company is hounding me to send them the title to stamp salvage and then they will send me the check... they seem to be u willing to keep this case open for my benefit.
What do I do?
The car is not in running condition so i cant drive it ibto a dealership. The registration has now expired and since its a total loss it cannot be reregistered without being "rebuilt".
The salvage value of the car was around 500$, so i thought i was doing the right thing by retaining ownership and taking the 500$ deduction.
Ask them to take the vehicle?
Send them the title now for stamping and retain ownership?
I have no idea how to proceed and not get screwed.
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02 jetta
Veteran Member
so I am in ny and my wife got in a pretty bad accident today with our 2013 Jetta. Everyone is ok and the car is drivable. It just barely got into unibody don't know if that automatically totals it. If an insurance company totals a vehicle can you just accept the money it takes to fix it and you will be ok? Or do you have to take the title of it being totaled and then buy it back from the insurance company as a salvage title? Were are the numbers of the lawyers posted? I am sick over this and am so afraid I am going to get screwed over right when it was looking good. Any helpful advise guys would be greatly appreciated
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Rico567
Top Post Dawg
No. VW has absolutely no power to define "operable." It is defined in the settlement language, and is quite specific. It must be driven in to the buyback location under the power of its own 2.0 L engine. That is the only relevant definition of operable. Your car can be barely running, but if you trailer it to the buyback dealer, get it started and drive it on to the lot and park it, you've complied with the settlement language, and should be eligible to receive your buyback money.
Mollsmom
Member
Thanks, Rico567, drive it in just the way you described is what the lawyer said but I was wondering if "operable" had some meaning under the law the way words sometimes do... or if VW could interpret that word to mean operable per the particular state (WA defines operable sounds close to street legal).
02_jetta - Sorry to hear, glad everyone ok. I did keep the car after ins. totaled it, that reduced my insurance pymt. I do wonder if they would have been willing to just give me the cash to fix it - I didn't ask and now wish I'd at least have tried. Then I wouldn't have had a salvage title to worry about.
The next steps (at least in Washington) are I have to send in the title with "DESTROYED" written across it, within 15 days of insurance reporting it. Then I file for a salvage title with the DOL, hopefully will receive before Sept (takes 8+weeks!).
The way I read the OP's quote from the long form, is that if you total it after June 28/before Sept AND let insurance keep the vehicle, you are out of luck. But if it is your vehicle still, and it did not have a salvage title back in Sept, and you didn't buy it from a salvage yard, I think it is still yours for the buyback. It just got delivered, and I'm actually wondering if maybe worth fixing to drive between now & the buyback date. That would save me some, could put off the new car for a few months.
Anyway, I think, not a lawyer here, but I think if others total their car in the months between the settlement & opt out date, the best procedure is to keep the salvage car IF the car runs or needs minimal work to get it moving. It's a numbers thing - if insurance will give you close to what VW will give you, then I'd avoid the hassle. I've got a mean looking car now parked in my driveway and have to prob turn it on occasionally, and maybe fix up the radiator and/or check fluids
Sigh. It is such a beautiful car, really - it is in perfect condition except for the smashed corner.
02_jetta - Sorry to hear, glad everyone ok. I did keep the car after ins. totaled it, that reduced my insurance pymt. I do wonder if they would have been willing to just give me the cash to fix it - I didn't ask and now wish I'd at least have tried. Then I wouldn't have had a salvage title to worry about.
The next steps (at least in Washington) are I have to send in the title with "DESTROYED" written across it, within 15 days of insurance reporting it. Then I file for a salvage title with the DOL, hopefully will receive before Sept (takes 8+weeks!).
The way I read the OP's quote from the long form, is that if you total it after June 28/before Sept AND let insurance keep the vehicle, you are out of luck. But if it is your vehicle still, and it did not have a salvage title back in Sept, and you didn't buy it from a salvage yard, I think it is still yours for the buyback. It just got delivered, and I'm actually wondering if maybe worth fixing to drive between now & the buyback date. That would save me some, could put off the new car for a few months.
Anyway, I think, not a lawyer here, but I think if others total their car in the months between the settlement & opt out date, the best procedure is to keep the salvage car IF the car runs or needs minimal work to get it moving. It's a numbers thing - if insurance will give you close to what VW will give you, then I'd avoid the hassle. I've got a mean looking car now parked in my driveway and have to prob turn it on occasionally, and maybe fix up the radiator and/or check fluids
Sigh. It is such a beautiful car, really - it is in perfect condition except for the smashed corner.
Mollsmom
Member
I might contact the lawyers first (per twitter #askberman, they answer most questions with a recommendation that you email vw@hbsslaw.com )
But - it seems like even if you surrender the car to insurance, because it happened before the June date, you should still get the 5K payout. But I would ask the lawyer to be sure - they were very helpful. Your situation is a bit different than mine.
02 jetta
Veteran Member
well the insurance adjuster comes tomorrow to look at the car. Let you guys know how it goes.
02 jetta
Veteran Member
ok so they came and looked at the car. 5k in damages but I took it to the body shop and he said he will go after them for more cause it was a little light. The catch is I still owe money on it so the insurance check goes to the shop. It must be fixed to satisfy the bank. My plan is too pay the car off next week and get my lien release. Now the insurance check will be wrote to me. If it ends up that the lawsuit changes and the cars current condition determines value I guess I will have to fix it. I think it is money well spent paying off the car so I don't have to repair it. What do you guys think smart financial decision?
uncle fishhead
Well-known member
Your plan sounds smart to me. You get buyback plus insurance $$.
Just curious...if the car is driveable and you were afraid the insurance company would total it, why did you file an insurance claim? Now you're going to get the same amount for buyback and higher insurance rates. If I wreck mine, I'm calling a wrecker and paying someone to make the car driveable long enough to get to my house, sit for 6 months, and then to the dealer.
02 jetta
Veteran Member
accident was not my wife's fault. The guy admited to the police it was his fault. That means I am going through his insurance. My wife did go to the hospital for a ct scan. That has to go through my insurance. Of course since insurance companies are snakes that will effect my rate slightly. I am really glad I still have my trusty 03 tdi. Came out of the garage blew the dust off and back to everyday use lol
Received a call from a class settlement lawyer to discuss my letter of objection. My main objection was the clause removing you from the settlement if you total your car, or to be more precise, if you transfer title between 6/28/16 and 9/16/16. He admitted there is some ambiguity in the proposed settlement agreement, but that it is understood that it doesn't matter when the car was totaled, but when title gets transferred.
His advise to those who have to respond to their insurance company's offer is to delay any transfer of title until after 9/16/16 and if the car can be made operable then it is eligible for the Buyback, and if it is not and title gets transferred to the insurance company you're eligible for Owner's Restitution.
His advise to those who have to respond to their insurance company's offer is to delay any transfer of title until after 9/16/16 and if the car can be made operable then it is eligible for the Buyback, and if it is not and title gets transferred to the insurance company you're eligible for Owner's Restitution.
My little situation
Hi guys. My 09 JSW was in an accident and has an initial estimate of $4k. Damage is front driver corner, it's not drivable since there is jagged metal going into the tire and the wheel is off alignment.
For now the check is going to the shop like normal, which is fine especially in case the shop needs more money they can go back to insurance. But I'm starting to think, should I just take the money and get some shop to make bare minimum or lesser repairs to get by? I was planning on waiting until late next year to do the buyback, so I'm not sure if I want to drive a junker that long but I could accelerate my buyback.
There's one other factor, the other driver is fibbing and saying that I was speeding and ran into her even though i saw her coming into my lane. Honestly, this is not true, she tried to turn right into a parking lot last second from the CENTER lane and didn't see me driving in the right lane in her haste. I wasn't speeding and me hitting her on purpose is absolutely absurd.
In MD, if someone is only 1% at fault you don't get to claim it under the other party insurance. So even though both insurances agree it's her fault they might say not 100% since there's some my-word-against-hers about if I could have avoided it. So I might lose a $500 deductible and risk insurance going up bc this young lady won't take responsibility. Perhaps I take the insurance check and tell the shop to cut a corner or two (maybe leave the tiny bit of driver door damage alone) so I can recover my deductible.
What do you guys think? I guess I'm asking, what would you guys do? And I'm also asking, is it for sure VW doesn't care about dents/damage when we do the buyback?
Hi guys. My 09 JSW was in an accident and has an initial estimate of $4k. Damage is front driver corner, it's not drivable since there is jagged metal going into the tire and the wheel is off alignment.
For now the check is going to the shop like normal, which is fine especially in case the shop needs more money they can go back to insurance. But I'm starting to think, should I just take the money and get some shop to make bare minimum or lesser repairs to get by? I was planning on waiting until late next year to do the buyback, so I'm not sure if I want to drive a junker that long but I could accelerate my buyback.
There's one other factor, the other driver is fibbing and saying that I was speeding and ran into her even though i saw her coming into my lane. Honestly, this is not true, she tried to turn right into a parking lot last second from the CENTER lane and didn't see me driving in the right lane in her haste. I wasn't speeding and me hitting her on purpose is absolutely absurd.
In MD, if someone is only 1% at fault you don't get to claim it under the other party insurance. So even though both insurances agree it's her fault they might say not 100% since there's some my-word-against-hers about if I could have avoided it. So I might lose a $500 deductible and risk insurance going up bc this young lady won't take responsibility. Perhaps I take the insurance check and tell the shop to cut a corner or two (maybe leave the tiny bit of driver door damage alone) so I can recover my deductible.
What do you guys think? I guess I'm asking, what would you guys do? And I'm also asking, is it for sure VW doesn't care about dents/damage when we do the buyback?