This is probably farewell to the JSW

[halbert]

This afternoon my wife got hit on the passenger side rear quarter panel, hard enough that the side air bags deployed and blew out the windows on that side. My guess is that the car is going to be toast. She's ok...shook but ok.

Now, the limbo question: we were holding on to it, anticipating taking the fix if it ever comes around. Now, it's in limbo. If the car is totalled, how will it be handled? Insurance will pay off...but who gets the buyback? Us or Progressive? Obviously a question for the adjuster to answer....but I'd still like opinions....

 

[JSWTDI09]

.... Obviously a question for the adjuster to answer....but I'd still like opinions....

Does the engine still run? Does the right rear wheel still turn? I ask because the only condition requirement for the buyback is that the car arrive at the turn-in location under it's own 2.0L power. It could be towed to a half block away from the dealer and then drive in on 3 wheels with the right rear bumper dragging on the ground and you would still get your money. It might be worth not accepting a decision of "totaled" from the insurance company, if possible.

Have Fun!

Don

P.S. This thread (and the advice sought) is probably more about the Dieselgate settlement than about Mk6 VWs, so this thread will be moved into the dieselgate forum.

 

[Freeze Plug]

yes best case would be argue for insurance to NOT total it, pocket the cash for repairs, then turn the car in for full buyback if it can move. you will make out like a bandit

 

[DanB36]

the only condition requirement for the buyback is that the car arrive at the turn-in location under it's own 2.0L power.

You're trying to troll me, right?

@halbert, if the car can still move under its own power, by the terms of the settlement, it remains "operable" and therefore eligible. I'm in a very similar situation--one of my cars was rear-ended last month and the insurance has called it totaled. It can still drive under its own power, albeit slowly and not for very long. My plan is to have the car towed to the dealer for the buyback appointment. Once the buyback is complete, I'll then take the insurance money, less salvage value. I'm waiting for the buyback to be complete before I do anything definite with the insurance, just in case there's a problem getting them to take the car back that I can't resolve.

If your car can't move under its own power, and can't reasonably be made to move under its own power, it won't be eligible for the buyback. You can then take whatever insurance money you can negotiate for (VW themselves suggest using the buyback offer as a negotiating tool). You'll also be eligible for the "restitution" portion of the payment from VW (ordinarily $5100-$10k).

 

[shovelhd]

DanB36, how will you be able to complete the insurance claim after the buyback when you don't own the car at that point? Are you counting on the float time between these events?

 

[DanB36]

In detail, I don't know exactly how it will work. I've spoken with the adjuster a few times and explained what I'm intending to do, and she hasn't expressed any issue with it. In general, if they're keeping the salvage money, I don't know why it would matter to them whether I still had the car or not. Of course, if they were paying the full amount, they'd get the car, but you always have the option of keeping the car and accepting a reduced payment.

 

[IA DPE]

You can let insurance total it, with the stipulation that you want to "buy it back" as part of the settlement from insurance. Pocket the check, and sell it back to VW.

 

[halbert]

It was towed from the scene. With the airbag deployment, I'd guess the "kill power" fusible link went...I know that at least some vehicles are set up that way. At the moment I can't answer the "driveable" question.

 

[HBarlow]

The key element with severe auto damage and insurance claim settlements that some seem to misunderstand is YOU own the car. Decisions to be made are YOURS not the insurance adjuster's. If you have a lien holder you may have to negotiate with the lender.

Your insurance company can declare the car a total loss but YOU are not obligated to sell it to the insurer. YOU decide whether to allow the insurer to buy it back or YOU retain ownership and accept a reduced amount to "repair" the car.

Your state may or may not insist on a "salvage" title but apparently VW doesn't care as long as your period of ownership and date of damage meet the specified criteria.

 

[halbert]

It sounds like the three critical conversations for early next week are: (a) Will they total it? (b) Talk to VW about it. I did previously go into the claim website and fill things in to the point of choosing one option over the other. So, I'm in their system, and it was before Sept 16, 2016, which seems to be a critical date. One option is to say to the insurance co: Hey, I've got the VW buyback offer on the table for X dollars...how can we make this work for everyone....

I also looked at the pictures. The passenger side rear wheel is not square to the body, the rear bumper is ripped off...so the rear axle is bent. I'd bet that wheel won't turn. And, with the airbag deployment, I'm guessing the electrical system is dead.

 

[bloc]

Having moved MANY wrecked cars short distances with tires pointed all manner of directions, it is very possible that it'll turn just fine. Depends on how bent things are. I definitely would recommend against operating it on public roads, but having it towed/hauled to the dealer is a very real option.

Going to visit it on the tow lot and see whether it'll start/move is a good second step, once you talk to insurance and see what they think your options are.

 

[senez]

My 14 Jetta was totaled in a front right collision. Started up and drove fine. This was before the buyback so how I ended up in a Passat. So I think you'll be fine.

 

[pknopp]

Maybe I'm remembering wrong but isn't one of the questions we answered somewhere about the status of the title? If I'm remembering right and you marked it as clean and now it is not that may be a problem.

 

[halbert]

Yesterday I talked to someone in VW customer service, and the very nice lady in Chattanooga (had to be from the accent) told me that the best thing to do, on Monday morning, is to call our local dealer and talk to the buyback specialist. They may be able to make a 'house call' to the storage lot and evaluate it there. As of the day I did the online profile, the title WAS clean. Basically, what she told us was that the buyback amount shouldn't change at all. Regardless of what the insurance does.

 

[daesania]

If you can still drive it, that's the only thing required for the buyback. I actually asked the class action lawyer about this when I spoke with him a couple weeks ago.. my question was if there was a crash and the car was mangled, how would the buyback work. He basically said if the numbers came out right to fix it and to drive there (even if it looks mangled), that is the ONLY requirement for the actual car is that the engine operates and drives onto the lot.

 

[smosh]

so can we go to the local track and run it in a Demolition Derby or Amateur Night, then limp it in? Because that would be kind of awesome.

 

[halbert]

So, here's where we stand, after numerous phone calls:
1. The insurance co (progressive) will only let me maintain possession of the vehicle if I pay off the loan and physically present them with a title. They will then pay off about 75% of the original "total" quote, and let me have the car towed to my house. Payment has been done electronically, and the title will take 7-10 days to be mailed.
2. The working definition of "operable" means that the engine has to run and the vehicle can be driven across the parking lot at the dealership. The car is NOT road legal, since the passenger side windows are all blown out plus the side air bags are deployed. Both points are true: the engine does run and we watched the tow guy drive it up onto the flatbed.

So, in a few weeks (going to take care of sending in the paperwork to VW tomorrow), I should have enough insurance money to reimburse myself for paying off the loan AND a full buyback payment from VW. Actually looking at the 2017 GSW.

 

[VeeDubTDI]

So, here's where we stand, after numerous phone calls:
1. The insurance co (progressive) will only let me maintain possession of the vehicle if I pay off the loan and physically present them with a title. They will then pay off about 75% of the original "total" quote, and let me have the car towed to my house. Payment has been done electronically, and the title will take 7-10 days to be mailed.
2. The working definition of "operable" means that the engine has to run and the vehicle can be driven across the parking lot at the dealership. The car is NOT road legal, since the passenger side windows are all blown out plus the side air bags are deployed. Both points are true: the engine does run and we watched the tow guy drive it up onto the flatbed.

So, in a few weeks (going to take care of sending in the paperwork to VW tomorrow), I should have enough insurance money to reimburse myself for paying off the loan AND a full buyback payment from VW. Actually looking at the 2017 GSW.

Good on you! Looks like you won the lottery on this one.

 

[halbert]

Good on you! Looks like you won the lottery on this one.

My trust level is really low at the moment. I won't actually believe it until the buyback payment is confirmed into my bank account. I wonder how desperate the dealer is to have any customer willing to walk in the door?

Oh, I also sent an email to the class counsel info address, to get an actual solid answer to the question of "what does operable actually mean?", to take something in writing in to the vehicle dropoff when it happens.

 

[LeahPharmD]

My trust level is really low at the moment. I won't actually believe it until the buyback payment is confirmed into my bank account. I wonder how desperate the dealer is to have any customer willing to walk in the door?

Oh, I also sent an email to the class counsel info address, to get an actual solid answer to the question of "what does operable actually mean?", to take something in writing in to the vehicle dropoff when it happens.

Halbert- I'm with Progressive in Maryland and totaled my 2012 Golf TDI on the 12th and my buyback date is 1/26--- I am curious how it worked out for you-- I'm supposed to give Progressive my title tomorrow (NOT SIGN OVER JUST LET THEM TAKE IT TO DMV to get BRANDED)

Handing my title over makes me nervous, but I guess i can always get a replacement printed at DMV (or MVA as we call it in Maryland!)

 

[alma]

You're trying to troll me, right?



@halbert, if the car can still move under its own power, by the terms of the settlement, it remains "operable" and therefore eligible. I'm in a very similar situation--one of my cars was rear-ended last month and the insurance has called it totaled. It can still drive under its own power, albeit slowly and not for very long. My plan is to have the car towed to the dealer for the buyback appointment. Once the buyback is complete, I'll then take the insurance money, less salvage value. I'm waiting for the buyback to be complete before I do anything definite with the insurance, just in case there's a problem getting them to take the car back that I can't resolve.



If your car can't move under its own power, and can't reasonably be made to move under its own power, it won't be eligible for the buyback. You can then take whatever insurance money you can negotiate for (VW themselves suggest using the buyback offer as a negotiating tool). You'll also be eligible for the "restitution" portion of the payment from VW (ordinarily $5100-$10k).

Dan, where can I find the link to VW suggesting that we use the buyback offer as a negotiating tool with the insurance company? Thanks!


Sent from my iPhone using Tapatalk

 

[DanB36]

Dan, where can I find the link to VW suggesting that we use the buyback offer as a negotiating tool with the insurance company? Thanks!

I'm pretty sure this page has changed since late July when I first registered my cars, but if you go in today and register a car, the page that gives the buyback and repair estimates contains that suggestion. If you want to see it, start a new account on the claims portal (use a different email address than you've already used), and go through the registration for your car. You should see it there.

 

[DanB36]

DanB36, how will you be able to complete the insurance claim after the buyback when you don't own the car at that point?

Since I sold the car back Thursday evening (12/15), I have some more information on this. Once I got the buyback receipt in my email (while in the buyback rep's office), I called my insurance. They'd pay out immediately to the loan on the car, or wait for VW's payment to pay off the loan and pay directly to me. I chose the latter. The remainder of the process is that I check to see the loan's paid off, call the insurance, and say, "pay me." They put the money directly into my account. Done.

 

[halbert]

OK, to sum up what I've learned, and where the process is for now: For progressive to release the vehicle to me, here in PA, I have to obtain a "salvage certificate" from the DMV..which states that the vehicle cannot be repaired and returned to the road. Once I get that, Progressive will pay the reduced claim and the vehicle will be towed to my garage. Whenever VW sets the settlement date, I will have them come get it using my vw customer care deal, and when the engine starts on their lot, regardless of the salvage certificate, they will pay off. All confirmed by both the buyback guy at the dealer AND the lawyers at Lief Cabrerer. The key is that it has to meet the definition of operable at the time of return to VW. If it croaks sitting in my garage...it would be worth it to have it hauled to a shop for just enough work to make the engine start and move a little.

I'm concerned that having it sit in the insurance lot for the last several weeks, in winter weather, with no windows on the passenger side will let water into something that will fry it. Nothing I can do about it.