FAQ: Volkswagen Diesel Emissions Settlement | Edmunds.com

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FAQ: Volkswagen Diesel Emissions Settlement | Edmunds.com

VW is paying billions to settle claims over "defeat device" software in its 2.0-liter TDI diesel vehicles. Here's what owners need to know.

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andres3

Would be interesting to see graphs and tables on how the mileage and age limitations work out. For instance, will you get the same amount 2 years from now if you wait? If so, everyone will wait until the last day to file a claim (hope they hire staff for that last hurrah). Also, what will the mileage deductions be if you drive say 10,000 per year rather than 12,500? What if you drive 15,000?

Risks:

1) What happens if someone negligently damaged your VW TDI between now and when you want to file a claim. Does the car have to be in running condition to be "bought back?" Will you have to sue the insurance company/at-fault party to obtain just and whole contribution for the car's value + restitution + 20% buyback restitution for original owners, or will the at-fault parties including the insurance companies make you whole without a fight and match or beat VW's offer?

2) Same thing above but if it's stolen rather than destroyed?

max4ever

I bought my Jetta Sportwagen in 2011 and sold it in the beginning of 2015. Am I eligible for any compensation?

kyfdx

max4ever said:

I bought my Jetta Sportwagen in 2011 and sold it in the beginning of 2015. Am I eligible for any compensation?

It doesn't appear that you qualify.

andres3

kyfdx said:

max4ever said:

I bought my Jetta Sportwagen in 2011 and sold it in the beginning of 2015. Am I eligible for any compensation?

It doesn't appear that you qualify.

And for good reason, you suffered no losses. This compensations is based on diminished value and diminished product losses.

The value has gone down because of the scandal, and the car's value will go down even further with whatever "fix" if any is ever done.

noxfong414

I totaled my '13 Passat TDI SEL on July 4th. Which option will I be eligible for? Logically, the Buyback option no longer applies since my car is in the junk yard. The timing of the accident couldn't be worse. My insurance will only pay the market value today (I have no GAP ins), while VW will buyback at Sept '15 value. I am screwed out of at least $2k+. In my case, will i still be eligible for the modification restitution? Any thoughts on how I may be able to claim the difference from insurance?

andres3

noxfong414 said:

I totaled my '13 Passat TDI SEL on July 4th. Which option will I be eligible for? Logically, the Buyback option no longer applies since my car is in the junk yard. The timing of the accident couldn't be worse. My insurance will only pay the market value today (I have no GAP ins), while VW will buyback at Sept '15 value. I am screwed out of at least $2k+. In my case, will i still be eligible for the modification restitution? Any thoughts on how I may be able to claim the difference from insurance?

Hire a lawyer, tell them you want to sue the insurance company to the full hilt and are willing to pay in advance by the hour. Open your check book and bank accounts,

I think this is the only way you'll get the insurance company to budge, and yes, the lawyer will be the only one getting rich.

dupedbyvw

What is the rationale for not including Touaregs and other 3.0L TDI V6 diesel engine models in the current settlement?

stever

I think it's because VW thought they could fix the 3.0 liters and told that to CARB out in California. Sounds like VW was overly optimistic per this ArsTechnica story.

What would you like to see done and do you want to dump your VW (I'm assuming you have a Touareg)?

andres3

dupedbyvw said:

What is the rationale for not including Touaregs and other 3.0L TDI V6 diesel engine models in the current settlement?

The 3.0L were caught "cheating" much later than the 2.0L was caught.

vwfamily1

i bought a TDI jetta this week is it eligible for this settlement?

stever

First step is to check the VIN.

wilthomp47

Read somewhere that cars not running on June 28 are excluded. Our engine blew on June 18. VW won't honor the warranty because we had no receipt for oil changes. Anybody know about that date and situation?

andres3

wilthomp47 said:

Read somewhere that cars not running on June 28 are excluded. Our engine blew on June 18. VW won't honor the warranty because we had no receipt for oil changes. Anybody know about that date and situation?

Is there evidence the engine blew because of the lack of oil changes?

kyfdx

wilthomp47 said:

Read somewhere that cars not running on June 28 are excluded. Our engine blew on June 18. VW won't honor the warranty because we had no receipt for oil changes. Anybody know about that date and situation?

Can you get it running again? If so, is there any proof that it was not running on June 28th (was it still at the dealer?)

heist12

We traded our VW TDI in at a dealership last November. We no longer wanted to drive it. We traded it in just like they are telling people to do now (not second party, no new seller to give half the money to). I just called the claims hotline and they are telling us we are only going to get half the money since we are considered "sellers", meaning the other half would go to the buyer. There is no other "buyer" in this case so we feel we should receive the full amount! We even bought another VW when we traded. How should we go about pursuing this or do you think enough people like us will come forward and they will have to address it?

andres3

heist12 said:

We traded our VW TDI in at a dealership last November. We no longer wanted to drive it. We traded it in just like they are telling people to do now (not second party, no new seller to give half the money to). I just called the claims hotline and they are telling us we are only going to get half the money since we are considered "sellers", meaning the other half would go to the buyer. There is no other "buyer" in this case so we feel we should receive the full amount! We even bought another VW when we traded. How should we go about pursuing this or do you think enough people like us will come forward and they will have to address it?

What do you mean there is no other buyer? The buyer is the entity you traded it into!

And then there's the next buyer and the next buyer.

heist12

Well, from what I understand, the plan states that they split the money between the seller and the buyer in a normal situation. But in this case, the buyer was VW (the dealership). I don't think the plan is to split the money with the dealership (?). All cars are now being taken to dealerships for trade in (if that is what the owner chooses).

kyfdx

heist12 said:

Well, from what I understand, the plan states that they split the money between the seller and the buyer in a normal situation. But in this case, the buyer was VW (the dealership). I don't think the plan is to split the money with the dealership (?). All cars are now being taken to dealerships for trade in (if that is what the owner chooses).

If you sold the car after 09/18/2015, but before 06/28/2016, you get half of the restitution.
Regardless of who else is on the other side of the transaction, or if they actually claim the other half.
Fairness and feelings will have not affect the numbers, unfortunately.

If you sold it after 06/28/2016, you get nothing.

staylor0209

I own a VW Jetta that qualifies for settlement. If VW bought it back, the website says that they would pay off loan and give me $10,000.00. I want to keep the car. The website says that I will get $7K (and some change) if I keep the car. Does that mean they will payoff my loan and that will be the difference that comes to me directly?

andres3

staylor0209 said:

I own a VW Jetta that qualifies for settlement. If VW bought it back, the website says that they would pay off loan and give me $10,000.00. I want to keep the car. The website says that I will get $7K (and some change) if I keep the car. Does that mean they will payoff my loan and that will be the difference that comes to me directly?

The only way VW will bail out people with loans on TDI's is if they owe more than the buyback amount (which already includes the Restitution amount). They will go up to as much as 130% for people that rolled negative equity into their loan when they bought their TDI.

I got my settlement documents yesterday in the mail. I think I will write an "objection" letter to the Court and attorney's making a case for 2015 models being treated differently than "clean trade-in" NADA value. I'm thinking of arguing that if the car was purchased less than 6 months from the beginning of the scandal date, then it shouldn't be treated as a used car traded in, but perhaps full retail less a deduction for mileage, or at least Private party value at the time. I can't see myself opting-out; I'd rather raise objections and opt in.

It looks like the 2015 values are low as it assumes the car is already a year old. I see the values as reflecting 12 months of depreciation when in fact, some people had the car a lot less time then that.

tomas61

Never saw an answer to first question: Is there a reason not to draw this out as long as possible? (I know about the possibilities of accidents and stolen vehicles, but I'm willing to forego those concerns). It seems like I could delay selling back my TDI until sometime in 2018 and still get the same amount for it, assuming I don't drive more than 12,500 miles/year. That would give me another year to year-and-a-half of "free" car use. Yes????

Anyone want to correct me or add info I'm not thinking of?

kyfdx

tomas61 said:

Never saw an answer to first question: Is there a reason not to draw this out as long as possible? (I know about the possibilities of accidents and stolen vehicles, but I'm willing to forego those concerns). It seems like I could delay selling back my TDI until sometime in 2018 and still get the same amount for it, assuming I don't drive more than 12,500 miles/year. That would give me another year to year-and-a-half of "free" car use. Yes????

Anyone want to correct me or add info I'm not thinking of?

No reason, other than what you mentioned.

andres3

The NADA 2015 Trade-In Values were written by dealerships trying to make a huge profit. I ran the numbers and registered on the settlement website.

We beat the Costco rate (which in turn at the time in our example of 1 handily beat the Edmunds price promise rate) by buying the '15 Sportwagen SE TDI for $28,000 +TTL. That was 6/28/15.

The scandal was in mid-September, making it less than 3 months of depreciation if they truly our back-dating the values to the first news of the scandal.

They wan't me to eat $5,500 selling the car for a paltry measly $22,500. The percentages for 2.5 months depreciation just don't add up, unless this was a day old donut. Granted, the Restitution is nice and brings us up to nearly $30K, but that isn't for the car, that's for the hassles and inconveniences among other things and losses.

I'm tempted to keep the car now. I'm also tempted to write that letter to the court objecting to the settlement based on the above. Need to act fast though, as my time is running out to have my letter considered by the court and lawyers on both sides.

john823

So, I Lease my 2015 JETTA TDI , but not through VW credit. How am I NOT the injured party? I still have a car that is worthless should I try to get out of the lease. I'm not trying to get a cash settlement. I just want to be able to take my car back where I leased it and turn it in without penalty. Does US bank have to sue VW, too? It's the manufacturer at fault here...NOT VW credit. Help please! Thanks

andres3

john823 said:

So, I Lease my 2015 JETTA TDI , but not through VW credit. How am I NOT the injured party? I still have a car that is worthless should I try to get out of the lease. I'm not trying to get a cash settlement. I just want to be able to take my car back where I leased it and turn it in without penalty. Does US bank have to sue VW, too? It's the manufacturer at fault here...NOT VW credit. Help please! Thanks

You are not injured because you and the bank can fulfill the terms of your lease, and so can the car. It is not worthless, I'll give you a buck a month for it if you'd like. Far from worthless.

dormiemac

The $5k is because they lied and misrepresented the car they sold you. The car value piece is to compensate you for the fact that the cars are now all but worthless. EVERYONE who purchased a car under the deceitful practice used by VW to sell them was impacted by the intentional misrepresentation of the cars. The fact that you sold it prior to the scandal means you were not impacted by the loss of value, but not that you were not immune to the deceitful practice, and thus should still be eligible for the $5k.

duff007

I had aftermarket professional window tinting done to my jetta. will I be compensated for that?

kyfdx

duff007 said:

I had aftermarket professional window tinting done to my jetta. will I be compensated for that?

Nope

personwithcar

Say I had a fender bender since Sept. 2015 and insurance repaired it. Will that be taken into account in the trade in value of the car? If so, for how much? What about typical wear and tear to the car, etc?

kyfdx

personwithcar said:

Say I had a fender bender since Sept. 2015 and insurance repaired it. Will that be taken into account in the trade in value of the car? If so, for how much? What about typical wear and tear to the car, etc?

No effect

andres3

the NADA values are trade-in value; the lowest you can get essentially. Pretty much already takes into account a lot of wear and tear.

mudge21

My VW was just involved in a fender bender. Will they deduct anything based on condition ? If it's still running, is there any reason for me to get the car fixed ? I assume not, because the cars are going to be junked anyway.

kyfdx

mudge21 said:

My VW was just involved in a fender bender. Will they deduct anything based on condition ? If it's still running, is there any reason for me to get the car fixed ? I assume not, because the cars are going to be junked anyway.

From everything I have read, it shouldn't matter.

How bad was the damage?

ekhu339

As of today my Jetta is not drivable due to $3000 parts/labor needed for bracket/sub-frame/rear bearings, etc. In order to qualify for the buy-back, does my car need to be drivable, or can I store my tdi and have it towed in when I turn it in?

kyfdx

ekhu339 said:

As of today my Jetta is not drivable due to $3000 parts/labor needed for bracket/sub-frame/rear bearings, etc. In order to qualify for the buy-back, does my car need to be drivable, or can I store my tdi and have it towed in when I turn it in?

I don't think it has to be roadworthy, it just has to move under it's own power.

andres3

kyfdx said:

ekhu339 said:

As of today my Jetta is not drivable due to $3000 parts/labor needed for bracket/sub-frame/rear bearings, etc. In order to qualify for the buy-back, does my car need to be drivable, or can I store my tdi and have it towed in when I turn it in?

I don't think it has to be roadworthy, it just has to move under it's own power.

Might be an opening for "cheap body shop repairs" here in the near future. Name the new business "BARE MINIMUM" or "BARE BONES"

tommy10s

@andres3 - great question regarding risk:

Risks: I have the SAME QUESTION! My 2010 TDI, KBB value ~$11,000 for replacement. If I were to wait until 14 months from now, in December 2017, VWsettlement is offering like ~$20,000.

So I called my insurance company (Liberty Mutual) and asked what happens if between now and 12/2017 the car were to get stolen/destroyed... Is there gap insurance to cover the ~$9,000 difference, or am I literally driving around a car personally carrying $9k in risk? The conclusion is that I am indeed taking that risk by continuing to own the car. That REALLY changes my plan. I'm wondering if anyone has insights on a way to get some kind of gap pricing protection. I would prefer to keep my car for the next ~15 months while I wait for Tesla to get me that Model 3 I so patiently wait for...

Any insights or advice? Or is my only real logical option to get this car off the road ASAP and sell it back to VW as soon as possible?

andres3 said:

Risks:

1) What happens if someone negligently damaged your VW TDI between now and when you want to file a claim. Does the car have to be in running condition to be "bought back?" Will you have to sue the insurance company/at-fault party to obtain just and whole contribution for the car's value + restitution + 20% buyback restitution for original owners, or will the at-fault parties including the insurance companies make you whole without a fight and match or beat VW's offer?

2) Same thing above but if it's stolen rather than destroyed?

kyfdx

If you total it, no buyback. No GAP would cover that.

joeynails

I have a 2011 Golf TDI and I am taking the buyback. I currently have approximately 126,000 miles currently. I'm due for a timing belt and water pump. Since I'm taking the buyback I find little incentive to get a very expensive maintenance procedure. So here lies my problem. What do you all think I should do?

kyfdx

joeynails said:

I have a 2011 Golf TDI and I am taking the buyback. I currently have approximately 126,000 miles currently. I'm due for a timing belt and water pump. Since I'm taking the buyback I find little incentive to get a very expensive maintenance procedure. So here lies my problem. What do you all think I should do?

Skip it

andres3

kyfdx said:

If you total it, no buyback. No GAP would cover that.

However, you can just continue to drive it, and continue to take on the risk that hopefully someone won't hit you and total it (or that hopefully you don't have an incompetent driving moment or brain freeze that causes you to total it yourself).

If you had a case where someone else (and their insurance) totaled your VW and was 100% at fault, I think you'd have a pretty rock solid case to recover diminished value from the amount of the settlement to the amount the insurance company will pay based on fair market value that ignores the settlement value. About as rock solid of a civil case as it gets in my opinion, which means you could still lose in court depending on the judge.

If I was the sitting judge I would grant the plaintiff 100% of the delta, but what a pain that the Insurance company would probably make you take them to court to pay that out.

If you are at-fault in an accident, all of the above is inapplicable for the same reasons normal Diminished Value is normally excluded in your personal policy.

deadcar1

As of yesterday, my Jetta no longer is driveable because it needs a new fuel pump. It ran perfectly until yesterday. Do they still have to take it at the full rate? Had it towed to dealership and there it sits.

andres3

deadcar1 said:

As of yesterday, my Jetta no longer is driveable because it needs a new fuel pump. It ran perfectly until yesterday. Do they still have to take it at the full rate? Had it towed to dealership and there it sits.

You'll have to get that pump rebuilt until the car is at least drive-able under its own power.

swayam_kar

I am in the last phase of the buy back process. Documents are being reviewed and I am days away from completion. However, I found a dent on the passenger side door of my car today. Someone hit my car while it was parked and didn't leave a note.:-( How does his affect my compensation?

kyfdx

From everything we read, it won't matter.

rmd3500

I had thought VW on the court settlement site stated that the value of the car to be calculated would include a possible adjustment for condition when it was actually turned in - did they change this in the final proposal to the court ? seems they are short changing those of us who have kept our TDIs in excellent condition but definitely want to trade them in now for many of the reasons noted above - also do they use the VIN number to determine the options on the vehicle as part of the calculation of the value from Sept 2015? I have submitted my paperwork and received the offer and was very surprised to see the condition adjustment part missing.

kyfdx

rmd3500 said:

I had thought VW on the court settlement site stated that the value of the car to be calculated would include a possible adjustment for condition when it was actually turned in - did they change this in the final proposal to the court ? seems they are short changing those of us who have kept our TDIs in excellent condition but definitely want to trade them in now for many of the reasons noted above - also do they use the VIN number to determine the options on the vehicle as part of the calculation of the value from Sept 2015? I have submitted my paperwork and received the offer and was very surprised to see the condition adjustment part missing.

Haven't seen any language that would change the buyback amount, depending on condition. (It seems to be quite the opposite.. .it just has to move under it's own power).

I'm guessing they use the VIN, because option questions weren't asked, at any point on my TDI.

andres3

rmd3500 said:

I had thought VW on the court settlement site stated that the value of the car to be calculated would include a possible adjustment for condition when it was actually turned in - did they change this in the final proposal to the court ? seems they are short changing those of us who have kept our TDIs in excellent condition but definitely want to trade them in now for many of the reasons noted above - also do they use the VIN number to determine the options on the vehicle as part of the calculation of the value from Sept 2015? I have submitted my paperwork and received the offer and was very surprised to see the condition adjustment part missing.

Yes, the way the settlement was conducted, owners of accident damaged TDI's (that have since been repaired or not) get a windfall value, while those of us with newer models in good or even better than good condition get short-changed a bit. Oh well.

john823

Thanks for the reply Andres3 from my Aug 30 post. But, there will be diminished value on my Jetta whether I leased it through VW credit or not. Why would I want to keep a car that will never be worth what it would've been had VW not cheated?

andres3

john823 said:

Thanks for the reply Andres3 from my Aug 30 post. But, there will be diminished value on my Jetta whether I leased it through VW credit or not. Why would I want to keep a car that will never be worth what it would've been had VW not cheated?

You wouldn't want to keep it, which is a good thing you leased, because you have that option. Just turn it in at the end of the lease and you are done with the situation.