Wrecked the TDI and my buy back is 6/15

VeedUp

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Joined
May 18, 2015
Location
New Orleans, Louisiana
TDI
2011 RS JSW
We were originally keeping the car, but recently decided to switch to n the buy back, got our appointment, well driving home from work Saturday a woman pulled out in front of my wife, and the car may be totaled, not sure yet, going to see the car in the morning, if it's drivable I should keep it, insurance money, and then do the buy back?
 

Conrad -JSW

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Dec 9, 2011
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Northern Illinois
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2012 JSW DSG
So the car may be totaled?

What about the wife?

Sounds to me like the person who pulled out in front of your wife is the one who wrecked your car, not your wife.
 

halbert

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Jul 6, 2014
Location
Pennsylvania
TDI
2014 sportwagen
My suggestion is...driveable or not, take the insurance money and reapply for the restitution only. It will make your life lots easier. Don't start the nightmare of having a salvage titled vehicle and trying to get the buyback. In fact, push the adjuster to get you the enough to equal the buyback amount minus the restitution amount so you don't loose anything.

How's your wife?
 

DanB36

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Jul 13, 2003
Location
Savannah, GA
TDI
2014 Q5 Prestige TDI, Monsoon Gray
If it's driveable, do the buyback, then get the insurance money. When my car was wrecked (rear-ended), I filed with my insurance, and they went after the other driver's insurance.
 

halbert

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Pennsylvania
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2014 sportwagen
All the OP needs to do is read the numerous threads and comments about the misery that VW is putting damaged vehicle owners through. As one of them, I would suggest he avoid that particular hassle at all costs. It's not worth it.
 

ezshift5

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2013 JSW TDI (Enroute BB).......2017 Jetta 1.4 turbo 5M ....................
................. Conrad's ending sentence...........

plus good guidance....................

.....defines a great site in this sailor's view............

ez (whose short list now has a couple of VWs .........+ a lone honda hatch)
 

VeedUp

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Location
New Orleans, Louisiana
TDI
2011 RS JSW
Yes wife is ok, bruised, but ok, the driver air bag deployed, and this did not cross my mind until last night. Everything I read seems to say drive it to the buy back if possible, even wrecked.
 

VeedUp

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May 18, 2015
Location
New Orleans, Louisiana
TDI
2011 RS JSW
The wreck happened a couple of days ago, we were buying another car and have already started that process before the wreck, and yes I understand the person who pulled out in front of my wife is at fault, my first concern was my wife of course, I just thought about this last night, and I have read numerous threads about people bringing in totaled cars, that are drivable under the own power for the buy back. And I've read how some who have re applied for the restitution have been ducked around for 6 months and still no check.
 

duratitus

Veteran Member
Joined
Nov 21, 2016
Location
Watertown NY
TDI
Several different models. Selling them back to VW
I would bring the car in to your original appointment if it is driveable.

If you try to get the insurance money first, they are going to try to assign a salvage title, and you will have to resubmit your claim with the new title.

If you bring the clean title you have to the appointment and the car still drives, there is no reason for them to deny buying it back.

Of course if you want to have your cake and eat it too, cancel the appointment, collect the insurance money, and resubmit your claim with a salvage title.

Personally, I'd see what options my insurance company give me regarding paying for the car without turning the title salvage.
 

DanB36

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Location
Savannah, GA
TDI
2014 Q5 Prestige TDI, Monsoon Gray
All the OP needs to do is read the numerous threads and comments about the misery that VW is putting damaged vehicle owners through.
I've read those threads and comments, and am weighing them against my own experience, having sold back a car that was totaled. Even with the evolution of how buyback reps are treating these, if the car can reasonably drive to the dealer, it's certainly worth taking it to the appointment. If they won't take it, and you decide not to fight the issue, you've lost maybe 10 days in getting your insurance payment.
 

DanB36

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Jul 13, 2003
Location
Savannah, GA
TDI
2014 Q5 Prestige TDI, Monsoon Gray
Of course if you want to have your cake and eat it too, cancel the appointment, collect the insurance money, and resubmit your claim with a salvage title.
No, if you want to double-dip, get your insurance estimate. If they want to total the car, also ask for the "owner-retain" amount--what they'll pay if you keep the car. Tell them NOT to do any repairs, and to give you the car back. Drive (or tow, as I did) the car to the buyback, sell the car back, get your money. Then tell the insurance you want your money.
 

halbert

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Location
Pennsylvania
TDI
2014 sportwagen
No, if you want to double-dip, get your insurance estimate. If they want to total the car, also ask for the "owner-retain" amount--what they'll pay if you keep the car. Tell them NOT to do any repairs, and to give you the car back. Drive (or tow, as I did) the car to the buyback, sell the car back, get your money. Then tell the insurance you want your money.
In this state (Pennsylvania), before the insurer would let me have the vehicle back, I had to (a) pay off the loan with my own money and then (b) get the salvage title, because the vehicle was not street legal. In THIS state, for a vehicle to be registered, it has to pass a safety inspection...and a vehicle with a sprung chassis, deployed air bags, and a bent axle won't qualify.

In retrospect, I should have taken the full total payment and signed up for the restitution. It would probably be over a long time ago.
 

k1xv

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Location
southern Vermont
TDI
09 TDI sedan, sold back 12/16. Present cars 2013 BMW X5 diesel, 2015 Corvette convertible
All the OP needs to do is read the numerous threads and comments about the misery that VW is putting damaged vehicle owners through. As one of them, I would suggest he avoid that particular hassle at all costs. It's not worth it.
What public or private policy goal would be served by forcing Volkswagen to pay an owner for a totally wrecked car the same amount as an owner of a roadworthy car? The public policy of the buyback is to get the car off the road. The accident already did that.

The private policy is to compensate an owner who wants to get rid of his white elephant of a car its value before the scandal broke. The accident insurance payout will do that, pretty much.

Why is it that people whose car was wrecked, whether it was their fault or not, think they deserve a double payment windfall?
 

DanB36

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Savannah, GA
TDI
2014 Q5 Prestige TDI, Monsoon Gray
Why is it that people whose car was wrecked, whether it was their fault or not, think they deserve a double payment windfall?
Because, if the car's driveable (and let's stipulate that, in this case, it would be), that's what the settlement requires. Whether it should require that is really an unrelated question.

I'd also note that, when my car was wrecked, the insurance settlement plus the restitution would have been about $3k less than the buyback. That's a decent chunk of money.
 

k1xv

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southern Vermont
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09 TDI sedan, sold back 12/16. Present cars 2013 BMW X5 diesel, 2015 Corvette convertible
How does a totalled car, whether "driveable" or not, differ from a car that is stolen, never seen again, and therefore impossible to turn in?

The post I made question what policy, public or private, is served by allowing a windfall. Having your car wrecked prior to a sale normally cancels the sale.

Assume the shoe was on the other foot. You agreed to buy a car, and before the delivery day, a dealer employee drove it into a tree on the way back from the gas station. Would you be obligated to buy it anyway?

I will tell you what policy is not served. It creates an incentive for people to wreck their cars to get two payments.
 

VWMark

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Mount Kisco, NY
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2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
I have no experience with the double dipping that DanB36 is referring to, and it does indeed 'sound' illegal. I have no idea if it is though. But why would the insurance company pay you for a car you don't own?

My experience was that the insurance payout plus the restitution money(if I ever get it) will still be less than the buyback amount would have been(by about $2k). My ordeal was almost a year ago, so there wasn't much experience with this stuff yet. My car was not driveable, so I would have had to take the reduced insurance payout to keep the car, but then spend a bunch to try to get it 'drive-able', and then try to turn in a compromised car. For me, it was not worth the effort.

VW seems to be severely delaying buybacks of salvage title cars as well as restitution payments on totaled cars sold to insurance companies, so not sure what the best way to go is.
 

k1xv

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southern Vermont
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09 TDI sedan, sold back 12/16. Present cars 2013 BMW X5 diesel, 2015 Corvette convertible
Seems to me, the purpose of the insurance payout is to make you whole, in the same economic position as if the accident did not occur. That would mean, your total combined payment from VW and the insurance company should equal what would have been paid by VW alone at turn in.

To the extent that what insurance offers to pay you leaves you short, you have a legitimate beef.
 

halbert

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Location
Pennsylvania
TDI
2014 sportwagen
Seems to me, the purpose of the insurance payout is to make you whole, in the same economic position as if the accident did not occur. That would mean, your total combined payment from VW and the insurance company should equal what would have been paid by VW alone at turn in.

To the extent that what insurance offers to pay you leaves you short, you have a legitimate beef.
And I, for one, would be OK with that. However, that logical, sane, rational idea doesn't seem to be possible. To the extent that the definition of "operable" contains two conditions: the engine starts and runs, and the vehicle can be driven under it's own power, at that point VW should follow the court order. Had I taken the full insurance payout and then applied for the restitution payment, I would have been short a fair amount as well. Bottom line is, when they set up the settlement and defined things, the question of, "what about damaged vehicles that still run but aren't street legal?" was apparently never considered.
 

02 jetta

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morrisville,NY (central NY)
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2003 Jetta gls sedan
Who cares no one asks to be in an accident were you could seriously be hurt. Someone tboned my car with my family. Car was drivable so I submitted it to insurance and then turned it in. Was the insurance money worth my family almost getting seriously hurt, no. It happened and worked out in our favor why would someone be complaining about it. Go wreck your car and turn it in if you feel it is unfair........
 

duratitus

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Watertown NY
TDI
Several different models. Selling them back to VW
I will tell you what policy is not served. It creates an incentive for people to wreck their cars to get two payments.
Yes, the same incentive that one has to burn down their own house, and try to collect insurance money, to build a brand new one, rather than repair their current abode.

It's called insurance fraud, and you can go to jail for arson and fraud.

I for one have no motivation to wreck the TDI's I'm turning in. Insurance rates go up with accident records, and I think you'd be risking a lot to try it.

EDIT: I'd however be happy if you want to come wreck into my cars for me. - That is, as long as you have a valid insurance policy ;-)
 

fookin

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Joined
Apr 23, 2016
Location
California
TDI
A3
My suggestion is...driveable or not, take the insurance money and reapply for the restitution only. It will make your life lots easier. Don't start the nightmare of having a salvage titled vehicle and trying to get the buyback. In fact, push the adjuster to get you the enough to equal the buyback amount minus the restitution amount so you don't loose anything.

How's your wife?
This is terrible advice. Don't take it. Keep the car, pay the salvage value, and fix it minimally to get a brake, light, and dmv inspection. Then obtain the title. I had a salvage title car and sold it back months ago with no issues. I have 2 more claims and they are being held up, but because there are duplicate claims against the same vin, not because they have a branded title.
 

VWMark

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Mount Kisco, NY
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2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
This is terrible advice. Don't take it. Keep the car, pay the salvage value, and fix it minimally to get a brake, light, and dmv inspection. Then obtain the title. I had a salvage title car and sold it back months ago with no issues. I have 2 more claims and they are being held up, but because there are duplicate claims against the same vin, not because they have a branded title.
I think this is terrible advice. First, you have no idea what shape the car is in, airbags deployed, engine damage, frame bent, etc. Also, most people don't have the ability/time to fix it themselves which will make the repairs much more expensive. It's also a long process to get the car back, get it fixed, get it inspected, and then apply and wait for the salvage title. Then you have to start the whole buyback over from scratch. It may be worth it, but it's hard to know that up front. IMHO, if the insurance payout + restitution money is close to the buyback amount, sell it to the insurance company and apply for the restitution money from VW.
 

edge130

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Jan 18, 2009
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northern NJ
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Wife's 2009 Jetta TDI sedan (2009 - 2017)
Happy to to hear your wife is OK
Happier to hear VW did not also try and cheat/defeat NHTSA crash testing
 
Last edited:

fookin

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Apr 23, 2016
Location
California
TDI
A3
How does a totalled car, whether "driveable" or not, differ from a car that is stolen, never seen again, and therefore impossible to turn in?

The post I made question what policy, public or private, is served by allowing a windfall. Having your car wrecked prior to a sale normally cancels the sale.

Assume the shoe was on the other foot. You agreed to buy a car, and before the delivery day, a dealer employee drove it into a tree on the way back from the gas station. Would you be obligated to buy it anyway?

I will tell you what policy is not served. It creates an incentive for people to wreck their cars to get two payments.
No, that's not possible. When you turn in the car you have to turn over the title. If you turned over title to give to insurance for insurance payout then you can't turn in for buyback. If you turn in title for buyback you don't have title to give to insurance company for payout. It's one or the other.

The best deal is to not take insurance payout and drive it to the buyback. Cut the airbag off with some sheet metal sheers, make sure all the lights work, and be on your way.
 

misternoggin

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Sep 10, 2013
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Boulder, CO
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2013 JSW
Seems to me, the purpose of the insurance payout is to make you whole, in the same economic position as if the accident did not occur. That would mean, your total combined payment from VW and the insurance company should equal what would have been paid by VW alone at turn in.

To the extent that what insurance offers to pay you leaves you short, you have a legitimate beef.
Years ago, somebody backed along the entire side of my car. It was obviously damaged but drivable. I continued to drive it while we waited for insurance to figure out what they were going to do with it. A few days later I was rear-ended. Both insurance companies said it was totaled, and both paid in full. What they told us was that the insurance company couldn't benefit from another party. Based on that, I would expect both.
 

Oberkanone

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Feb 16, 2001
Location
NW Indiana
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13 Jetta TDI Premium manual "gone"
Years ago, somebody backed along the entire side of my car. It was obviously damaged but drivable. I continued to drive it while we waited for insurance to figure out what they were going to do with it. A few days later I was rear-ended. Both insurance companies said it was totaled, and both paid in full. What they told us was that the insurance company couldn't benefit from another party. Based on that, I would expect both.
Illegal for certain in some states. Prohibited by contract by some policies. Double dipping the insurance is "obtaining property by false pretense" or "unjust enrichment".
 
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