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rearended by Geico client,diminished value?

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Old Jan 9, 2008 | 09:31 PM
  #21  
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As Far As Carfax goes I think if you assume that all accidents or all mishaps involving that car will show up on a carfax you would be mistaken. Carfax is only a tool and not to be trusted 100%, carfax only knows what it is told, lots of police and other people involved have more important things to do than report stuff to Carfax
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Old Jan 9, 2008 | 09:48 PM
  #22  
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Originally Posted by SeaLawyer
Incorrect. First, it's not 'required' in any state. Second, it's RECOGNIZED by most states, but that doesn't answer the question either. The short answer to the question is -- unless it's your own insurance company paying (not the case of the OP), you'll likely get DV. The reason you don't get it if your own insurance company pays is that your policy (which is a contract) will usually limit you to cost to repair OR DV - you won't get both. If the other person's insco is paying, then in almost all states you CAN recover DV.

Here's what I would do (not to be construed as legal advice, since I am a lawyer, but not your lawyer). First, I wouldn't mention it to the Geico claims adjuster up front. Let him give you an estimate on the cost to repair the car and all the details that go into that (OEM vs. aftermarket parts, whole-car repaint vs. partial paint then 'blending', etc.). If you tell the adjuster up front about the DV, he'll try to screw you on the other stuff. Negotiate a price on the other stuff, then BEFORE signing anything, address the DV issue.

BEFORE the dealer starts repairs, hire a DV appraiser. The dealer can probably recommend someone -- will run around $200. This is really the only way to get a legitimate idea of DV. Insurance companies will tell you that it's a 10% rule (10% of the damage estimate). This is not true! In my experience (and I've recovered DV a number of times for myself and others), 20-30% OR MORE. With cars like ours, the numbers tend on the higher side. Without a DV appraisal, you're shooting in the dark. Bottom line, DV is a REAL, QUANTIFIABLE damage which you've suffered NOW. You DO NOT need to sell the car to realize DV. If after you get the DV appraisal and present it to Geico, they try to screw you, then GET A LAWYER, or get one sooner if you desire.

I've got lots of posts on this issue -- do a search under my userID and DV.
I couldn't agree any more! I've seen this issue many times and have been contacted by driver #2s too too many times (as if I could assist them since I either took the crash report, or was the supervisor at the time) because they moved too quickly and weren't happy with their settlement (basically they got screwed). Patience is a VIRTUE young grasshopper and you shall prosper!
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Old Jan 9, 2008 | 10:05 PM
  #23  
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sorry to hear about your mishap i hope everything comes out alright
imo i dont trust dealerships and i am sure many others would agree with me
i would find a good body shop that specializes in corvettes or other exotics
i'm not sure where your fom since you didnt fill out your info
but if your near mobile alabama,there is a guy who specializes in vettes
my cousin just had her 07 c6 rearended around xmas and this guy is fixin hers
she said he was very concerned about the damage and he totally checked out everything that could be effected by the accident

Last edited by rc69wc; Jan 9, 2008 at 10:10 PM.
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Old Jan 10, 2008 | 12:52 AM
  #24  
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The Geico rep said the preliminary estimate is $1600, they will have a more accurate figure when it starts to be dissasembled. I advised them I would like a diminished value claim. He stated after repairs are complete. I am to take the car to several dealers and get a value then contact his supervisor for the diminished value claim settlement. I believe I will call the dealer tomorrow and say "stop everything, I am seeking legal advice. "
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Old Jan 10, 2008 | 01:38 AM
  #25  
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Originally Posted by blkchipC5
I couldn't agree any more! I've seen this issue many times and have been contacted by driver #2s too too many times (as if I could assist them since I either took the crash report, or was the supervisor at the time) because they moved too quickly and weren't happy with their settlement (basically they got screwed). Patience is a VIRTUE young grasshopper and you shall prosper!
BTW, I wasn't suggesting that the adjuster possibly "screwing" you if you show your whole hand too early was evil on his/her part. Their job is to represent their company -- not pad your wallet.
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Old Jan 10, 2008 | 02:37 AM
  #26  
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Sue em for pain and suffering. I'm sure you'll pull out of it more then the car is worth.
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Old Jan 10, 2008 | 03:00 AM
  #27  
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I would buy that car in a second. I like buying damaged cars with clean titles, never ever had a problem with em and I hate it when people say "id never buy a car in an accident". If that Z is worth $35k, I would say I would still pay 25-30 for it with that damage, much better to just get it fixed though.
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Old Jan 10, 2008 | 03:22 AM
  #28  
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i'd say it's unlikely to be totalled and i'd guess it makes NO difference in resale value. As long as it's not totalled there is technically nothing different about the car except it had been fixed. i'd venture to say 70% of the vehicles on the road today have been fixed and sometime. Most people never know it, just my $.02
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Old Jan 10, 2008 | 07:04 AM
  #29  
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Originally Posted by briann510
You don't have to disclose anything about prior accidents to a vehicle in a sale.
Probably a state by state thing. In NC, you must report damages exceeding 25% of the value of the vehicle.

Originally Posted by kbdub
Is an accident as small as running over a rabbit expected to lower the value a few grand??
Depends. Did you see anything that looked like "VW" anywhere on the Rabbit? (Sorry, I couldn't resist. And I tried.)

Originally Posted by jon c
carfax only knows what it is told, lots of police and other people involved have more important things to do than report stuff to Carfax
True, but when the police do report it, it's a death knell for future sales. While looking for my 'Vette, I bypassed every vehicle showing "Accident" in the CarFax. When I finally go to sell my car sometime in the future, (when even more buyers will be using CarFax,) I wouldn't want buyers bypassing my vehicle because it was in some sort of accident before I bought it.

As CarFax becomes a more popular tool, DV will become a larger issue that insurance companies will find more difficult to ignore.

s'noJob
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Old Jan 10, 2008 | 07:26 AM
  #30  
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When my 65 was rear ended, Progressive Ins. Co. said tough luck on diminished value. They didn't even want to spend the $5,200 to fix a 40 year old car.
Good luck to you, I hope you do get something for yours.
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Old Jan 10, 2008 | 10:43 AM
  #31  
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Originally Posted by SeaLawyer
Incorrect. First, it's not 'required' in any state. Second, it's RECOGNIZED by most states, but that doesn't answer the question either. The short answer to the question is -- unless it's your own insurance company paying (not the case of the OP), you'll likely get DV. The reason you don't get it if your own insurance company pays is that your policy (which is a contract) will usually limit you to cost to repair OR DV - you won't get both. If the other person's insco is paying, then in almost all states you CAN recover DV.

Here's what I would do (not to be construed as legal advice, since I am a lawyer, but not your lawyer). First, I wouldn't mention it to the Geico claims adjuster up front. Let him give you an estimate on the cost to repair the car and all the details that go into that (OEM vs. aftermarket parts, whole-car repaint vs. partial paint then 'blending', etc.). If you tell the adjuster up front about the DV, he'll try to screw you on the other stuff. Negotiate a price on the other stuff, then BEFORE signing anything, address the DV issue.

BEFORE the dealer starts repairs, hire a DV appraiser. The dealer can probably recommend someone -- will run around $200. This is really the only way to get a legitimate idea of DV. Insurance companies will tell you that it's a 10% rule (10% of the damage estimate). This is not true! In my experience (and I've recovered DV a number of times for myself and others), 20-30% OR MORE. With cars like ours, the numbers tend on the higher side. Without a DV appraisal, you're shooting in the dark. Bottom line, DV is a REAL, QUANTIFIABLE damage which you've suffered NOW. You DO NOT need to sell the car to realize DV. If after you get the DV appraisal and present it to Geico, they try to screw you, then GET A LAWYER, or get one sooner if you desire.

I've got lots of posts on this issue -- do a search under my userID and DV.
Excellent Ideas here. Could even possibly work.
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Old Jan 10, 2008 | 02:25 PM
  #32  
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Originally Posted by TEXHAWK0
My guess is that there are a lot of people like me that would never buy a wrecked car, even if the repair was flawless. There are just too many low mileage cars out there for the same price.
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Old Jan 10, 2008 | 10:28 PM
  #33  
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sell it wrecked

depending on the state ,dv with your damage and low mileage SHOULD BE NADA (check your value) 30,000 x10 %= 3000.00 x50%=1500 in dv hope that helps.

I agree that with a corvette that may be low but that it is what NC OR SC use to settle the DV claims in that state

Last edited by Zproud; Jan 10, 2008 at 10:39 PM.
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Old Jan 10, 2008 | 11:54 PM
  #34  
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Default Geico - squash that lizzard!

Rear ended in my BMW 745i on freeway, Geico called said take it to our adjustor and shop. Ok, the rep tried handing me two checks 300 for rental and 2300 for repairs! Said they would revise the quote once the car was apart but this would get me started! I laughed my a$$ off at the Geico rep and told her keep her stinking checks the windshield in the BMW was worth $2K retail. Called my insurnace company and when all was said and done $20,000.00 in repairs with OEM parts! Now for diminished value - hire a state licensed automotive engineer to appraise the value, who are they going to argue with! cost me $300, diminished value 14K, yep 14K Geico, their insured or my insurance co....someone is paying!
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Old Jan 12, 2008 | 10:21 AM
  #35  
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***update*** once the bumper cover was off. The $1600 estimate jumped. Now its up to $13,000. rear wheel tub to be replaced,trunk lid,right muffler,bumper,bumper cover,rt quarter panel,and roof will have to come off, which they said will destroy it, so new roof as well as glass.





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Old Jan 12, 2008 | 10:42 AM
  #36  
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I am sure you already know this but I am sayin it anyway: When the repairs are finished, go over your car with a fine-toothed comb. That is, in their shop. Ask to bring it out into the light.

If there is anything not 'up to par', get the shop manager and show him/her. If they give you any trouble, just call the Geico adjuster that you have been speaking/working with (all along)

Don't expect them (shop) to get it right the first time. Getting a Vette repaired is a total learning experience for everyone. You have already had to point out what kind of car it is just to get a somewhat appropriate rental car.

The car may go back to the shop 3 or 4 times before you are completely satisfied.
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Old Jan 12, 2008 | 12:32 PM
  #37  
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Good idea to take pictures. When you go to sell it buyers might want to see the damage. I would.

Rick
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To rearended by Geico client,diminished value?

Old Jan 12, 2008 | 12:44 PM
  #38  
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Originally Posted by Whiteonrice
Good idea to take pictures. When you go to sell it buyers might want to see the damage. I would.

Rick
I can see it now, "For Sale, used 'Vette. CarFax shows Accident, but I have pics to show only minor damage."

But seriously, as CarFax reports become more popular, I suspect more sellers are going to want to save documentation from collision repair centers, including photographs, and to put them in the folder along with service records and oil change receipts when they go to sell their cars.

s'noJob
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Old Jan 12, 2008 | 04:08 PM
  #39  
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I'm a Unit Manager at an insurance company in our claims department (Not Geico), so take my opinion for what it's worth...

First, this is a simple rear end accident with no injuries, so you are not dealing with Geico's 'cream of the crop' adjuster. You are dealing with some entry level adjuster or possibly a team of adjusters who ONLY handle simple claims that don't require much investigation.

Having said that, I wouldn't worry too much about the adjuster out-smarting you or trying to screw you over. Your adjuster most likely does not have the experience or the time (too many claims) to play those games with a simple accident. All they want to do is pay your claim quickly and close your file. From their perspective, they can care less what kind of car you drive or how much the car cost. They would handle your claim the exact same way if it was a 1984 CHEvette.

Second, depending on your state regulations....the majority of the time you can not file a diminished value claim until you have actually incurred the loss in value. In other words, if you try to sell the car and you can prove you didn't get as much as you could have gotten had it not been in an accident, then after you actually incur the loss of value you can file a claim with the insurance company. You will not be able to negotiate this loss of value up front. The reason why is it's possible you may sell your car or trade it in and the previous accident never comes into the equation.

Hope this helps and sorry if someone already said something similar. I'll admit I didn't read every post. Hope I understood your question!
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Old Jan 12, 2008 | 06:00 PM
  #40  
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Originally Posted by apester4u
I'm a Unit Manager at an insurance company in our claims department (Not Geico), so take my opinion for what it's worth...

First, this is a simple rear end accident with no injuries, so you are not dealing with Geico's 'cream of the crop' adjuster. You are dealing with some entry level adjuster or possibly a team of adjusters who ONLY handle simple claims that don't require much investigation.

Having said that, I wouldn't worry too much about the adjuster out-smarting you or trying to screw you over. Your adjuster most likely does not have the experience or the time (too many claims) to play those games with a simple accident. All they want to do is pay your claim quickly and close your file. From their perspective, they can care less what kind of car you drive or how much the car cost. They would handle your claim the exact same way if it was a 1984 CHEvette.

Second, depending on your state regulations....the majority of the time you can not file a diminished value claim until you have actually incurred the loss in value. In other words, if you try to sell the car and you can prove you didn't get as much as you could have gotten had it not been in an accident, then after you actually incur the loss of value you can file a claim with the insurance company. You will not be able to negotiate this loss of value up front. The reason why is it's possible you may sell your car or trade it in and the previous accident never comes into the equation.

Hope this helps and sorry if someone already said something similar. I'll admit I didn't read every post. Hope I understood your question!

Is there a statute of limitation on DV?
MY car has over $20k in repairs.......I too have been documenting (pics) all damages and repairs. I did not want my car totaled out and don't plan on selling it any time soon.
But how long can I go before selling and still get DV?
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