VW TDI settlement question

Discussion in 'New TDI forum member introductions' started by Bill B, Mar 31, 2017.

  1. Bill B

    Bill B New Member

    Joined:
    Mar 31, 2017
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    Car:
    2013 VW Passat TDI SEL Premium
    Location:
    St. Augustine, FL
    My car (2013 Passat SEL Premium TDI) was totaled by some moron right after I received a buyback offer for 23k. I loved that car and wouldn't have sold even though I got it for 10k, I would have done the repair.

    Will I get any money since I owned it during the buyback period? Can I sue the woman's insurance company that hit me to get the difference between 23 and the 13 they they gave me?
     
  2. Brettimus_Prime

    Brettimus_Prime New Member

    Joined:
    Jan 14, 2017
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    Car:
    2004 Jetta Wagon PD BEW Manual
    Location:
    Chicago
    Mods:
    I upgraded the cup holder with a Goose Island
    Just my opinion: sue


    Sent from my iPhone using Tapatalk
     
  3. chittychittybangbang

    chittychittybangbang Administrator

    Joined:
    May 23, 2007
    Messages:
    23,900
    Car:
    2006 Jetta TDI
    Location:
    CT
    I think you need to contact an attorney once it's this complicated. They usually have free consultations. Or at least contact the buyback number.
     
  4. lwt42

    lwt42 Well-Known Member

    Joined:
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    Car:
    2017 Subaru Outback
    Location:
    Elsewhere
    From the July 26th court transcript on the Court VWMDL web site:

    "Now, we also have situations where cars get wrecked, and
    we do not feel it's appropriate -- once an individual chose to
    stay in the settlement, it would not be appropriate for them to
    be totally penalized if by some event their car was totaled.
    So an owner of an eligible vehicle that is totaled after the
    value their damages. It is a package. It was delivered as a
    combined collective recovery for the consumer to consider."

    "So in an individual case, and this would be the type of
    information they'd be able to find on the web, if you assume
    that the value of the car, a NADA clean trade was $9,500, then
    you would add the variable component, 20 percent of that which
    is the 1,900, plus the fixed component, and then the value of
    the car. So the total recovery for that car and that owner
    would be $14,600 if it's an eligible owner with an eligible
    vehicle."

    Before you hire an attorney, it's probably worth a phone call to VW and maybe call Class Counsel and just ask. Remember that as a Class member, Class Counsel works for you.

    If you read the whole document, it's pretty clear that the parties all tried to find as many possible issues as they could and cover them in the agreement.

    The court web site is here: http://www.cand.uscourts.gov/crb/vwmdl
     
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  5. lwt42

    lwt42 Well-Known Member

    Joined:
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    Car:
    2017 Subaru Outback
    Location:
    Elsewhere
    I did a bit more reading....

    Your car and mine were the same year and model, so the settlement amounts are about the same -- mileage being the big difference.

    VW valued my car at NADA clean trade-in of $16,775. The "restitution" payment was $6,341. These numbers based on 98140 miles in November. Your numbers are probably close, but not exactly the same.

    You definitely will get the restitution payment. What I read seems to say that the insurance company should have covered the vehicle part.

    If Insurance gave you $13,000 and your car was worth $16,000 based on the settlement, the Insurance Company should come up with another $3,000, because that represents the actual value of the car (and you can document that with the settlement offer).

    The other line you could try is with Volkswagen. Since you part of the class, I'd ask Class Counsel (since their opinion on your behalf is covered under the settlement).

    Either way, in most states $3,000 is inside the small-claims limit, so you can do this without hiring an attorney. It's easier.

    ... and while $3,000 is worth fighting for, it's not $10,000.

    This is my non-lawyer interpretation of what a whole bunch of lawyers came up with and presented to yet another lawer (Judge Breyer) who said "okay." Your mileage may vary.
     

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