[Vwdiesel] No 500,000 after all

[Scott Kair]

I'm truly sorry for your loss. It's been 16 years since my Quantum td was destroyed under suspiciously similar circumstances, and I still miss it.

As everyone else said, take care of yourself first. Impact injuries often don't really present symptoms for awhile. On the bright side, VW designs the cars to take a hit and let the driver walk away. Buddy of mine who was a paramedic took one look at my Q and told me he's pulled corpses out of less damaged wrecks. Get photos of any contusions or cuts to you. Establish a paper trail in case litigation becomes necessary, and document any trips to ER, primary, chiropractor, or physical therapist.

It would be a good idea to check in with the local constabulary and see if they really did catch the culprit. If so, see if they'll release any info on the tickets issued, his insurance carrier, and his list of priors. Info on his insurance carrier is vital. You'd be doing the legwork for your insurance carrier (and possibly your lawyer) but it's easier to retrieve info when it's fresh rather than after it got buried in subsequent stuff. And you work cheaper for you than they will. If he got a ticket, try to get the docket number assigned by the court system. If the local courts have a website for pending litigation, you might be able to track it through that. 

Get some photos of your car, both close up of the damage and farther off for general condition images. Don't forget some shots of the interior. Take enough to show overall condition of the damaged parts and also of the undamaged parts, the latter in order to prove exceptionally good condition outside of the collision damage.

There are pros and cons to buying the wreck from your insurance company. In rear-ends, the engine compartment is usually undamaged, so you'll have to decide whether the drive train is worth pulling out and storing until you find something else to put it in. Then you'll be responsible for disposing of the carcass. Essentially you have to buy your own car back from your insurance company, so you'll have to examine that out of pocket expense vs. what else the money could go for.

Aside from injury issues, the biggest hassle will be establishing a cash value for the car. Since VWD's are somewhere between special interest and cult cars, book value is likely to be substantially less than market value, let alone personal valuation. It would be a good idea to run through Kelly blue book and nadaguides and print off values for sales to individuals. Then browse local dealers and used car lots for their sale prices. Ebay sales could also be helpful. Expect his insurer, and yours if he's uninsured and yours has to eat it, to offer a lowball price. Firm evidence of higher sale prices is your friend.

The most notable change in circumstances since my wreck is the VW emissions scandal, which may make it difficult to find a replacement VWD. Defendant's insurance carrier may see that mess as a gift. 

Not sure how to advise on getting a rental car until you can replace yours. Depends on his insurance company, or at worst, on your policy.

Also not sure how to advise on litigation, as each state gets to set their own rules. In general, lawyers charge by contingency, which means a percentage of the settlement off the top. If you get an offer before you have to hire a lawyer, that amount is exempt from the settlement and thus from the contingency. But also be aware that if the culprit & insurance company take a hard line, contingency only applies to negotiated settlements. If it goes to court, it becomes contingency fee plus expenses, which includes lawyer's time gathering evidence, taking depositions, legal stenographer's time, private investigator's time, ad infinitum. And do bear in mind that that's all general information, and may not apply to your jurisdiction. There's also the complicating factor that he fled, and was likely drunk, uninsured, stupid or all. That injects the criminal justice system, and they get to cut in line ahead of you.

Keep a diary for reference, and do keep us posted.

Take care,

Scott Kair 







-----Original Message-----
From: Vwdiesel [mailto:vwdiesel-bounces at vwfans.com] On Behalf Of Shalyn Shourds
Sent: Sunday, December 18, 2016 1:14 AM
To: vwdiesel at vwfans.com
Subject: [Vwdiesel] No 500,000 after all

I was working on my next 100,000 miles this evening, sitting at a red light on the highway service road and I saw the headlights coming up behind me way too fast.

The long and short of it is the Jetta is totalled.  Presumably a drunk
driver.   This is maybe 90 minutes ago, but I am pretty sure I'm OK.  I'm
hoping the nausea is just the enormous dinner I'd just eaten having been jostled violently.

Pretty sure they caught the other driver (took off). Any tips for dealing with the insurance?  Been on hold with them almost an hour.  Not a good sign.

Despite the high mileage, the drive train is in excellent shape.  Worth saving over the salvage value?  I don't really have the time or space for a massive salvage operation.  I don't know how this will play out, but if someone wanted those parts, I'd entertain an offer--once I know what's going on.

Right now, I'm just incredibly sad.  I love that car.  Y'all know how it
is: you spend that much time working on, fighting with, and seeing the world from a car, you get attached.

-Shalyn
_______________________________________________
Vwdiesel mailing list
Vwdiesel at vwfans.com
http://www.audifans.com/mailman/listinfo/vwdiesel