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 didnât 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 itâs yet another cautionary tale as to why we say donât put anything down.
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AudiFS usually has different payoff amounts for the leasee and 3rd parties, so couldnât AudiFS just say the payoff amount is equal to what the insurance payoff is, so there isnât any equity?
If the lease contract makes it clear theyâre 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 customersâŚ
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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.
this is encouraging to know and big congrats! I actually called AudiFS yesterday, was trying to get the refund for AudiCare ($999) as my minimum demand. They told me NO. The answer from them is the same: they are the car owner. For a total car case, payoff is not valid any more. For the AudiCare, I have not paid the full amount, so I cannot get anything back. All BS. Please share anything if you can with me! did you call AudiFS or their total department or somewhere else? What is your trick to make them mail you the check for the excess settlement?
I always wonder why a big name company like Audi play tricks in the wordings in their leasing contract. Logically, you would think Audi gets what we own them, and the remaining money does not belong to them, it belongs to their consumers. If these kinds of things happen more often, more potential customers would just walk away. They want to make a profit out of this?!
Not sure about what the check was for to be completely honest. It was less than my monthly payment by ~$100 but didnât have any info with it. Just an envelope with a check for $8xx. I figured this was what remained after payoff from insurance. My calculations put me somewhere around $1-2k but I could see $8xx being the amount if my math was off or I had the wrong payoff quote. Either way it was nice to get something back! This + $1000 deductible check I got from insurance helped make my replacement lease that much cheaper. With BMW CCA itâs almost $3k less now.
I do plan to go after the at-fault party for 2 months payments I made while unable to use car. Wish me luck!
So before you got the check, did you even know they will send you one? Not sure if you have AudiCare, may be that is the refund from AudiCare. Good luck to recover with all your loss! Mine is totally a disaster, it turned out to be at-fault party is uninsured (they told me 15% chance in CA). So all my insurance claim is against my own policy now. I am hoping to recover my loss, at least some, from AudiFS.
Iâm curious if anyone tried to throw a letter to their state AG on Audi keeping the overage to themselves.
I get that it would be low on AG list of items but maybe if enough pile up they would look into that?
That will be one of my to-do lists. Insurance settlement is $52xxx. My payoff is $45xxx. The huge difference is because (1) I paid $14xx as DAS, (2) insurance estimate my car as a brand new car, (3) I made a great deal at my local dealer at their monthly end sale (right after the accident, I asked the dealer to offer me the same deal, he told me he cannot match that any more. In other words, it is all because of my effort/money so there is a big overage, no because AudiFS. I will try every effort to get my money back. I also thinking to send email to AUDI USA top executives, not sure if that can do any good. If not, complaint letter to AG, then small claim court. Any suggestion here about my thought?
This is what I found earlier from my digging. Not sure if there is a case to be made.
Did you sign for the AudiCare? Your $8xx check may be the refund for AudiCare.
No, I got some maintenance package but it was added to the monthly.
Just to be clear , are you planning to retain an attorney to recover $1400 ?
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No, I understand that having an attorney to recover $1400 is not a good idea. But I hope to recover all the overage ($7000) if any attorney can offer help. On top of that, will ask for some compensation for their wrongdoing. I have no detail plan yet. I will try to recover this by myself, all depends on how it goes.
It might be worth trying to buy the car from AudiFS before the insurance cuts their check. If they want to be sticklers for their contract, remind them that their contract also allows you to pay off the lease and purchase the car at any time, and youâre exercising that right. At that point, you are the legal owner of the car, and the insurance check is yours. You might be out several tens of thousands of dollars for a few weeks, but that could be worthwhile depending on what the return would be.
I would probably at least consult a lawyer before following through on such a plan. For $1000, probably not worth the hassle. For several thousand? Perhaps.
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Still may not worth it, especially If the contract you signed is on their side.
Thatâs interesting.
Payoff the car and then collect insurance check with overage. Wonât work prob because of needed some precision on timing.
Iâd say search internet first. Canât be the only one upset enough to try lawsuit or complaint to AG with Audi keeping overage.