Totaled my TDI! Restitution?

[yoda254]

So on 6/26/16 a drunk driver hit me head on.Airbag f*cked my hand/wrist up. As of today 7/18/16 the Geico adjuster totaled out my car with 10k in damages. He told me that he has to send off all of the information(mileage options etc) and will have a payout price for me within the next 72 hours. The car is a 2012 jetta tdi, 88,444 k premium with fender sound and DSG. I'm pretty sure Geico wont give me anywhere near what the VW buyback will be. Will i get the $2500/$5100 restitution or nothing at all from VW? How would i go about negotiating the price with geico?I just had the dsg service ($700) and replaced my tires a year ago $800. If they low ball me could i go to small claims court to recoup some of the money VW would have given me?

 

[imurrx]

Sue the other driver insurance company or himself for the loss of the buyback. The car had value of the buyback the accident now has negativity affected you. Ask for the full buyback value plus lawyer fees. Settle for the difference of that will the insurance amount paid for the loss.

 

[rrsgrrrl]

I'm pretty sure that if your car was totaled before 6/28/16, you're still eligible for restitution under the settlement. Call an attorney. There's another thread about this.

 

[RollingCoal]

I'm pretty sure that if your car was totaled before 6/28/16, you're still eligible for restitution under the settlement. Call an attorney. There's another thread about this.

The part that's unclear is how does he actually collect the compensation?

 

[jims2321]

The legal term/claim is diminished value. That is what he needs to ask about. Because the settlement is not final, using the VW settlement numbers will be a tough win with. If it happened after settlement is finally, then any good lawyer should get you the VW payout amount.

Saying that you should be suing for pain and suffering due to your injuries. So talk to a lawyer about that as well. Might convince either insurance company to settle for a reasonable figure and avoid the court route.

 

[Bisoned]

The legal term/claim is diminished value. That is what he needs to ask about. Because the settlement is not final, using the VW settlement numbers will be a tough win with. If it happened after settlement is finally, then any good lawyer should get you the VW payout amount.

Saying that you should be suing for pain and suffering due to your injuries. So talk to a lawyer about that as well. Might convince either insurance company to settle for a reasonable figure and avoid the court route.

Diminished value is very hard to win. I tried it once. At least in my state it is not worth the effort.

 

[jims2321]

Problem is the settlement not being finalized, it really is up to the adjuster to make the call. It will be really tough to get more out of insurance company. But at least a good lawyer can squeeze some for his pain and suffering. That should help ease the monetary loss on the car.

 

[rrsgrrrl]

The part that's unclear is how does he actually collect the compensation?

You claim as an eligible seller bc in essence, he will sell his car to his insurer. Buuuuut...re-reading the settlement (the long doc), it may matter less when he actually wrecked the car and more when the insurer totaled it:

"2.31. “Eligible Seller” means a person who purchased or otherwise acquired an Eligible​

Vehicle on or before September 18, 2015, and sold or otherwise transferred ownership of such​

vehicle after September 18, 2015, but before June 28, 2016. For avoidance of doubt, Eligible​

Seller includes any owner (1) who acquired his, her, or its Eligible Vehicle on or before​

September 18, 2015, (2) whose Eligible Vehicle was totaled, and (3) who consequently​

transferred title of his, her, or its vehicle to an insurance company after September 18, 2015, but before June 28, 2016."​

 

[meerschm]

couple thoughts:

1. you can push the idea to your insurance that the car is worth more since you put new tires....

2. Hope your injuries are slight and you regain all use asap.

3. you can always keep detailed paperwork, and submit a claim the VW's agent when they identify the process as these details settle. my guess is there will be corner cases such as yours which will get individual attention.

4. Do not stress over that which you cannot control.

 

[yoda254]

Thanks for the replies fellas. I will update this thread as things happens. I'm still waiting on the payout offer from his insurance and I'm in the process of getting a personal injury lawyer for my wrist/hand. I've seen a Orthopedic surgeon twice and will see him again tomorrow.I I mentioned the VW buyback to the adjuster but he stated that we will talk about it when he gets back to me.

 

[yamaguy]

If it is drives at all or can be made to with minimal cost, beg and plead with the adjuster to not total it and just make it drivable enough to turn in...

 

[Philpug]

Can you take the $10K and the $5100 and sell the carcas? How does that compare to the settlement option?

 

[yoda254]

If it is drives at all or can be made to with minimal cost, beg and plead with the adjuster to not total it and just make it drivable enough to turn in...

That's a no go. The frame is bent and my transmission was leaking. Over 10k worth of damage.

Can you take the $10K and the $5100 and sell the carcas? How does that compare to the settlement option?

They haven't given me a payout number yet. Plus i think i would only qualify for half of the restitution if anything because i would be selling it to the insurance company.

 

[rrsgrrrl]

I really think you should consult one of the attorneys on the plaintiff's steering committee before you get any further into the insurance process. The fact that the wreck occurred before the 28th of June may be material to your status in the class action.

 

[rrsgrrrl]

Here's the list of attorneys: http://blogs.wsj.com/law/2016/01/22/elizabeth-cabraser-tapped-to-lead-vw-consumer-litigation/

 

[buzzo]

I really think you should consult one of the attorneys on the plaintiff's steering committee before you get any further into the insurance process. The fact that the wreck occurred before the 28th of June may be material to your status in the class action.

Second that. I just received an unsolicited call from a plaintiff's lawyer to discuss my letter of objection, in particular the clause relating to totaled cars between 6/28/16 and 9/16/16.
Although the text in the class settlement is ambiguous, it is to be understood that those who transfer title between (including those dates) 6/28/16 and 9/16/16 as a result of their car being totaled (even if it happened prior to 6/28/16) will be out of the settlement class.
His advise was to delay any decision regarding insurance payout and to not transfer the title until after 9/16/16. If at that point the car can be made 'operable', you are entitled to the Buyback, and if it is not and you transfer title to the insurance company then you are eligible for Owner's Restitution.

 

[Oldakasha]

Is your insurance company going to allow you to wait that long? My insurance company sent a statement of total loss to me. Even if I don't accept funds or transfer it to the insurance until 9/16 isn't the car still declared a total loss prior to the 9/16 date.

 

[jims2321]

That depends upon the insurance carrier. I know that when my brother's car was total few years ago, the insurance company notified the GA DMV within 30 days of the condition and GA DMV updated the title as totaled. This prevents according the the DMV from the car be repaired and resold with a misleading title information. It took almost 4 months before the insurance actually took possession because of circumstances of the the accident (lawyers and courts).

You might check with your insurance company what their policy is regarding updating DMV in your state.

 

[Oldakasha]

It won't matter if it has a salvaged title at that point. The settlement allows for salvaged titles after Sept. Of 2015. I think it would be a matter of ownership at that point??

 

[yoda254]

So i just talked with the adjuster and of course the number was a lot lower then what the VW numbers are going to be. The Payout off is $10,501.06 and i owe 10,435.81 to wells fargo. I basically will have to sue Geico (for injuries) to re-coupe some of the difference.In the mean time i have to find me a car and it will cost me money out of pocket for getting hit head on by a drunk driver.

 

[aja8888]

So i just talked with the adjuster and of course the number was a lot lower then what the VW numbers are going to be. The Payout off is $10,501.06 and i owe 10,435.81 to wells fargo. I basically will have to sue Geico (for injuries) to re-coupe some of the difference.In the mean time i have to find me a car and it will cost me money out of pocket for getting hit head on by a drunk driver.

Just don't sign anything from Geico until you see an attorney (medical release for sure!). Get an attorney that specializes in auto claim suits. Seeing you are in Texas, tort law prohibits big, inappropriate settlements and dragged out court cases. You may be able to get pretty good compensation given you have medical injuries and you were not at fault. But getting a good attorney is critical. Good luck!

 

[buffy71]

TDI totaled on 7/15/16

I feel your pain. I was hit by a truck that left the scene and my car was totaled (short story). I has a 2013 Jetta TDI. My insurance company was Geiko and I live in Maryland. I am just now signing over the title to Geiko. I did retain an attorney that will be filing a claim against Geiko for my loss on the buy back. It was explained to me by Volkswagen plaintiff attorneys if i retained the title that worst case scenario I could make a claim for the modification/restitution reimbursement but I find that odd. 1. They are saying you can only get it after you have modification done. I am starting to feel like the plaintiffs attorneys were telling us anything we wanted to here to keep us from filing too many comments regarding the settlement. For those of us that had our cars totaled after June 26th we were screwed. FYI - I also had damage to my forearm as a result of the airbag. For a while it looked like half the VW emblem from steering wheel was burned into my skin.

 

[DanB36]

It was explained to me by Volkswagen plaintiff attorneys if i retained the title that worst case scenario I could make a claim for the modification/restitution reimbursement but I find that odd.

Find it odd if you like, but it's the case. If your car was totaled after 9/16/16 and you transfer title to the insurance company, you're eligible for the "restitution" amount, which is the same as the modification payment.

 

[psd1]

Find it odd if you like, but it's the case. If your car was totaled after 9/16/16 and you transfer title to the insurance company, you're eligible for the "restitution" amount, which is the same as the modification payment.

Where is this information available sir?

 

[showdown 42]

forget the car, go for personnel damages in a big number,insurance Co are always worried about medical payments. Cars are a dime a day. THEY WILL SETTLE FOR A LOT MORE DOUGH,JUST TO PUT THIS ACCIDENT TO BED. I've seen it many times. I got hit several yrs ago and the other insurance co was super anxious to settle the damages on the car if I signed that I had no injuries. Got a check in 2 weeks.

 

[DanB36]

Where is this information available sir?

It's in the FTC Consent Order. Page 20, paragraph F is close, but it's somewhere else more directly in there.

 

[heykw]

The above link doesn't give a list of attorneys.

 

[DanB36]

The above link doesn't give a list of attorneys.

No, it doesn't. Why would you think it did?

 

[holstein]

Find it odd if you like, but it's the case. If your car was totaled after 9/16/16 and you transfer title to the insurance company, you're eligible for the "restitution" amount, which is the same as the modification payment.

I just totaled my 2009 TDi two weeks ago, I haven't been able to find any info leading to the fact that I will get the restitution payment. I've clicked on your link to read it myself, but the link is dead. Do you know where I can find out more info? I just received the final offer letter today. I'm assuming I just fill it out like I am opting out of the buyback, and want to keep the car with the mod, but it would be great to know more!

 

[tjsadler]

Call or email the plaintiff's attorneys. There is a list in the documents. They are all pretty responsive since they're billing for their time