Diminished Value Claim
#21
Instructor
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When I traded my last Vette..the dealer insisted that I sign papers indicating the car had no repairs over a specified amount(can not remember the number).Diminished value is always considered on ALL cars..not just Vettes.Time to lawyer up my friend.Not a big fan of lawyers but in this day and age...well..it is what it is.Your insurance company should be helping you with this.JMHO.
#22
Team Owner
Would I buy the car? Nope- not on a bet.
Only $12 grand damage? I'm amazed it's not twice that.
And although I'm probably the alst guy on the planet to offer this counsel . . . .Lawyer up! The trauma from that situation where the toher driver is clearly at fault and unable to properly see that she was snow-plowing a car down the highway?? Well now, that's a case nobody's going to want to defend !
I'd guess following deposition that they'd tender policy limits that will more than compensate your both fairly.
You might give back 25% to counsel, but get someone well regarded and not the accident chasers - - -you're on firm ground, IMO.
Only $12 grand damage? I'm amazed it's not twice that.
And although I'm probably the alst guy on the planet to offer this counsel . . . .Lawyer up! The trauma from that situation where the toher driver is clearly at fault and unable to properly see that she was snow-plowing a car down the highway?? Well now, that's a case nobody's going to want to defend !
I'd guess following deposition that they'd tender policy limits that will more than compensate your both fairly.
You might give back 25% to counsel, but get someone well regarded and not the accident chasers - - -you're on firm ground, IMO.
#24
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I mean, come on, sue the owner of the cargo?
Maybe you are a personal injury lawyer or possibly joking?
As to the OP's question: I would consider buying the car, but I would not pay full value.
#25
Some friends of mine were in a similar potentially-major-but-squeaked-away-with-minor-injuries-and-serious-damage accident, they got a lawyer and now highly HIGHLY recommend that route. The lawyer removes all the hassle as all dealings related to the accident go directly to their office instead of to you and wasting your time. They're wise to all the tricks the insurance company will try to pull on you and will brief you ahead of time whenever you need to deal with them, which (due to their services) is rare to never. They know what to do and how to do it, and they are an oiled machine at doing just that.
There is no way you should deal with the insurance company yourself - it's a huge waste of your time, a lot of unnecessary stress, and you will lose, because you're playing their game, on their turf, by their rules, and they can cheat.
There is no way you should deal with the insurance company yourself - it's a huge waste of your time, a lot of unnecessary stress, and you will lose, because you're playing their game, on their turf, by their rules, and they can cheat.
#26
As to the DV question, I would buy it for $12k total provided the test drive was flawless and I'd seen the full assessment, but the vast unknowns would scare me away from putting down anything more than that. And if I started to think too much about how well the car would protect me if it was in another accident, I might back away from even that deal.
Last edited by Harlequin; 04-21-2009 at 09:46 PM.
#27
Advanced
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Location: Edmond Oklahoma
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Have you contacted your insurance company? I know that my auto policy provides that if a new car is involved in an accident it is replaced during the first year.
#28
Burning Brakes
There is no way anyone of us would buy that car, now. (no offense). In answer to your second question I bet a young person stretching to purchase a vette would buy it if it were discounted 25%-50%. Basically, between major damage and slavage.
I bet there is a dealer somewhere who has a repo with less than 1000 miles on it, I wonder how much he would sell it for. Then ask how much would he trade yours in for.
I bet there is a dealer somewhere who has a repo with less than 1000 miles on it, I wonder how much he would sell it for. Then ask how much would he trade yours in for.
#29
Le Mans Master
PLEASE LISTEN VERY CAREFULLY, PM me and I will explain. The exact thing happened to me last year in my brand new corvette. I will tell you what I did and how things worked out. PS, I endend up with a full widebody, better than new, corvette and CASH in my pocket!!!
Kevin.
Kevin.
#30
Drifting
I wouldn't buy it. I've been involved in a cpouple of accidents and long after the repairs a multitude of different problems crop up. Usually pertaining to an incomplete or improper repair. Glad you're both okay and hope you can get a new ride.
#31
Burning Brakes
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Very glad to hear that you and your wife were not seriously injured.
That said, I would not even think of settling without contacting an attorney. The insurance company is trying to take advantage of you. Get a lawyer that is experienced in dealing with automobile claims. I'm sure that later you will be glad you did.
That said, I would not even think of settling without contacting an attorney. The insurance company is trying to take advantage of you. Get a lawyer that is experienced in dealing with automobile claims. I'm sure that later you will be glad you did.
#32
Melting Slicks
try this guy. he's the best
Contact Information
Hours of business: 9:00am to 4:30 (CST)
Monday - Friday
Telephone: 817-455-2263
Fax: 817-244-5523
email: diminishedvalue@aol.com
Address:
7804 Llano Avenue
Fort Worth, TX 76116
Contact Information
Hours of business: 9:00am to 4:30 (CST)
Monday - Friday
Telephone: 817-455-2263
Fax: 817-244-5523
email: diminishedvalue@aol.com
Address:
7804 Llano Avenue
Fort Worth, TX 76116
#33
Melting Slicks
#34
Race Director
My 07 Impala SS was involved in an accident (his fault) last October. I finally settled with his insurance company (Allstate) for $2k. I went with Collision Claim Associates. It all depends on how much you want to fight their insurance company. My damages were a little over $7k. (Impala was valued at $18k) They had it professionally appraised at $3k in diminished value. Didn't get the $3k because I would have to take them to court and my lawyer would eat up the costs if I won because you knew they would have a lawyer from Allstate.
Here is the part you won't like though. Allstate said they would not cover cosmetic damage only structural which is IMO. I'm not planning on selling the car any time soon so $2k is fine with me. I received trade-in values of $11,500 after the accident, $3500 below edmonds trade in at the time. Probably in 4 digits now.
With your wife's mental injuries, I would definitely consider a lawyer though and let them go after the trucking company's *****.
As far as disclosing it if you sell it, you will have to disclose it or risk serious trouble if you don't and they catch you even years from now. They will catch you also because eventually someone will say this looks like it has been in an accident.
I don't see suing the person who owns the items in the truck though. I've seen countries that pull that crap and things like it is your fault if you get in an accident in a taxi because if you didn't call the taxi, the taxi would never got into the accident. Needless to say, I didn't take a taxi in that country.
Here is the part you won't like though. Allstate said they would not cover cosmetic damage only structural which is IMO. I'm not planning on selling the car any time soon so $2k is fine with me. I received trade-in values of $11,500 after the accident, $3500 below edmonds trade in at the time. Probably in 4 digits now.
With your wife's mental injuries, I would definitely consider a lawyer though and let them go after the trucking company's *****.
As far as disclosing it if you sell it, you will have to disclose it or risk serious trouble if you don't and they catch you even years from now. They will catch you also because eventually someone will say this looks like it has been in an accident.
I don't see suing the person who owns the items in the truck though. I've seen countries that pull that crap and things like it is your fault if you get in an accident in a taxi because if you didn't call the taxi, the taxi would never got into the accident. Needless to say, I didn't take a taxi in that country.
#35
Melting Slicks
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Wow, I'm sure you know how much you have to be thankful for. That is incredible and I'm really glad to hear that neither of you was seriously injured.
With regard to your diminished value claim, your state laws will be important. You have taken the correct first step with regard to professional evaluation. The feed-back that you get from this forum will have little if any probative value. I have been there on a diminished value claim, not on a Vette, but on a very new Cadillac. They are very difficult and the probability of getting anywhere near the real economic loss or the loss of your own satisfaction with the vehicle is low. An attorney may help, but don't count on it. They are not miracle workers and insurance companies are not in the business of paying claims. It generally cheaper for them to fight it.
Sorry to put this spin on it, but sharing my experience. Hope yours is better.
With regard to your diminished value claim, your state laws will be important. You have taken the correct first step with regard to professional evaluation. The feed-back that you get from this forum will have little if any probative value. I have been there on a diminished value claim, not on a Vette, but on a very new Cadillac. They are very difficult and the probability of getting anywhere near the real economic loss or the loss of your own satisfaction with the vehicle is low. An attorney may help, but don't count on it. They are not miracle workers and insurance companies are not in the business of paying claims. It generally cheaper for them to fight it.
Sorry to put this spin on it, but sharing my experience. Hope yours is better.
#36
Team Owner
I would buy it because I truly believe it's a lucky corvette. I would probably pay a premium as well. Unless that luck has been expired. I would have to bring my luck monitor to see how much luck is left.
#37
Race Director
First, glad you're both ok. Second, I'd pass on the car unless it was DEEPLY discounted and I was satisfied it wasn't going to be a money pit.
Now for the reality. I think you'll find everyone whose not directly affected by the DV to be quite unresponsive to your claim. As far as the insurance companies are concerned, your Corvette is a car, just like any other. It does not demand ANY special treatment when it comes to claims. The car can either be repaired or totaled, whichever costs them less. If "I" was the insurance company, I'd simply ask you why you didn't insure the car as a collectors item and paid premiums for stated value. Since you insured it just like any other car on the road, it'll probably be treated as such.
With that said, an attorney would prove you're willing to take it to the next level and they may cave in a little because going to court adds more to the bottom line. However, paying your legal fees may drop your portion lower than what they're offering you now. And what happens if you lose your case, get nothing extra, and still owe your attorney?
Think of it this way, $7500 is probably close to 20% of a clean cars value. The longer you keep the car, the more that $7500 is worth. Good luck with whatever you decide.
Now for the reality. I think you'll find everyone whose not directly affected by the DV to be quite unresponsive to your claim. As far as the insurance companies are concerned, your Corvette is a car, just like any other. It does not demand ANY special treatment when it comes to claims. The car can either be repaired or totaled, whichever costs them less. If "I" was the insurance company, I'd simply ask you why you didn't insure the car as a collectors item and paid premiums for stated value. Since you insured it just like any other car on the road, it'll probably be treated as such.
With that said, an attorney would prove you're willing to take it to the next level and they may cave in a little because going to court adds more to the bottom line. However, paying your legal fees may drop your portion lower than what they're offering you now. And what happens if you lose your case, get nothing extra, and still owe your attorney?
Think of it this way, $7500 is probably close to 20% of a clean cars value. The longer you keep the car, the more that $7500 is worth. Good luck with whatever you decide.
#38
That's what I would insist on, there would be no question then on how much the diminished value was. Plus, I wouldn't want or trust that thing after it had been pushed down the highway sideways by a semi truck.
#39
#40
Melting Slicks
I was expecting you to say that your vette was a total loss when I read what happened to it. I hope you and your wife recover from your injuries and that you get compensated to the extent you deserve.