Leased car accident (Audi Q5)

Police report is not yet available. still not after 2 weeks! I don’t have the other party’s insurance info. During the accident, police took care of everything. So far I have no complaint on how my insurance handling my claim. Yes, I have to pay the deductible up front. Based on my research, isn’t better to have my own insurance to take care of a case with significant loss? I am going to recover my deductible from at-fault party’s insurance. I am also going to claim for my loss of vehicle loss during this period of time. I addition, I suffer some minor injury that want to file a claim against the other party. It is going to be a lengthy process.

I actually did ask liberty mutual, If I claim with them, will my future premium going up? they told me no if not my fault. Hopefully, they did not lie to me.

From I’ve seen they always say no and they still jack it up.
With my accident I filed everything with insurance of the party at fault as I got the other person insurance at the time of the accident.
And that insurance paid for my medical (hospital, doctors visits, PT visits) and even for “suffering” without having to involved lawyers.
Non of that went through my insurance.
Because I was always told if not at fault don’t file with your insurance unless you have to like in case of uninsured motorist.
But again it’s my experience.

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You will get most of Audicare back if you are in CA. Even if you only did the 20k and 30k service you get a check in the mail. If you look at the Audicare brochure it sates non-refundable except for CA.

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Wasn’t my experience in 2017 in CA: rear-ended, 100% their fault, claim through my insurance including MedPay, rates never went up.

Although you could eat off my CLUE report :nail_care:t2:

I agree with you. I learned that the hard way many years ago when I was rear ended and went through my insurance company. Then, whenever I shopped around for auto insurance quotes it would be significantly higher then my current policy. The constant explanation that I received was that I filed a claim resulting in $1000+ damage…(Despite not being at fault). HUH!!! SMH!!

Update. I got a very bad news today. After Liberty mutual talking to AudiFS, LM will have to issue the entire check to them since Audi is the actual owner. There is a about $6000 surplus. Based on the conversation with Audi previously, Audi will not issue a penny to me. As I said, I already paid $1400 for the first month, registration, etc. In this case, I will loss everything :sob: I am in CA, which hopefully has some consumer protection. Can anyone please help?! Thanks,

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Its not a good news. Are you planning to file any law suit.

The leasing contract I signed is in favor of Audi (they get the excess settlement money and credit to me any remaining unused maintenance fee). What can I sue for? sue for unfairness of the contract? I guess I am out of luck.

You have to mail-in a written request to cancel it. It should be on your Audicare contract.

It’ll take like 3 months and you won’t hear from them in the meantime, but a check will show up.

Probably not but speak with an attorney

irongunner here said that he got back excess money from AudiFS in CA: Leased Porsche involved in a car accident, totaled question. I’m not sure whether Audi change lease agreement words since then. I’d definitely talk to some attorney as others have suggested.

Can I make a recommendation that you sit tight, wait for the dust to settle, your account to close, and see if you get a check from Audi FS in a few weeks?

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I would hope so. But both liberty mutual and AudiFS told me I am not going to get anything. yes, I will probably wait a couple more weeks and then find an attorney. But car accident related attorney I was talking to previously told me that they are only dealing with bodily injury cases. Any idea what kind of attorney I should be looking for?

Contract dispute attorney…as ultimately this is a dispute between you and Audi over your rights under your lease contract.

To make things worst, I just found out that the at-fault party does not have insurance (they failed to renew their policy), basically uninsured. Luckily, I have medical payment coverage, collision insurance and uninsured motorists. So I will have to claim everything against my own policy. My question is can I claim (1) pain and suffering (2) loss of use of my vehicle using uninsured motorist coverage? If you happen to know, please help before I talk to my own insurance. What a mess, cannot be worst! Another question is should I sue that at-fault uninsured person instead of using my own policy (something like small court claim)? I am afraid that my future premium will be much higher.

First off not an attorney.
This is a farking mess. I would consult with an attorney regarding Audi/vw financial services refunding the difference. Bring that highlighted section someone posted on here for the initial consultation. Yes you can sue the uninsured motorist at fault (this is America where anyone can sue almost anyone for almost anything
for any amount) but if the motorist didn’t have the funds to pay for insurance not sure how much you will really get out of them, and if it is a significant sum they will most likely declare bankruptcy. Hopefully this works out for you, but it’s yet another cautionary tale as to why we say don’t put anything down.

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AudiFS usually has different payoff amounts for the leasee and 3rd parties, so couldn’t AudiFS just say the payoff amount is equal to what the insurance payoff is, so there isn’t any equity?

If the lease contract makes it clear they’re entitled to all insurance proceeds in the event of loss, and if less than payoff, they eat the difference (GAP) they can do what they want. This is exactly why we lease - we just walk away and start over.

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FWIW,

After repeatedly denying me over the phone I got a check for the remaining positive equity after payoff from Audi/VW Financial today.

Not sure why they do this to customers…

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In CA, as far as I know, insurance cannot jack up the rates unless you are 51% at fault. My wife was in a 50/50 accident, and its kinda weird where it shows up on the record but the insurance rates donot differ cuz of it.