Diminished Value Claim



I think you should hold off on any medical settlement until you both have had time to really heal and are sure there are no long-term ill effects.
The same applies to the car, in a way. Will the dealership honor the warranty or tend to dismiss any new problem as being an unanticipated consequence of the accident?
Seems like getting an attorney that specializes in this is your best recourse.
Good Luck and please keep us posted.
Save the Wave
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.
When you are involved in an accident with a tractor trailer, you must always get an attorney, preferably one that specializes in tractor trailer accidents.
I see that m48xhp on here thinks that I, and a few others, are "selfish sons of bitches" for wanting to stand up and protect our rights, and in this case, the rights of the OP (TexanPride) who "had" a new Corvette, but because of negligence on the part of the truck driver, is now going to get caught in the middle of this insurance fiasco.
If the insurance companies would do the right thing, there would not be a need to sue.
And no....I am not an attorney.
First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.
Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.
Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.
Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
The Best of Corvette for Corvette Enthusiasts
Good luck!
First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.
Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.
Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.
Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
When you are involved in an accident with a tractor trailer, you must always get an attorney, preferably one that specializes in tractor trailer accidents.
I see that m48xhp on here thinks that I, and a few others, are "selfish sons of bitches" for wanting to stand up and protect our rights, and in this case, the rights of the OP (TexanPride) who "had" a new Corvette, but because of negligence on the part of the truck driver, is now going to get caught in the middle of this insurance fiasco.
If the insurance companies would do the right thing, there would not be a need to sue.
And no....I am not an attorney.
But the other guy that said "pain and suffering. it doesnt hurt to ask" is just plain bull-****.
First, as for diminished value, those claims are always tough to figure out. What is a damaged car worth? Since the damage was cosmetic only, and not structural, proving diminished value will be exceedingly difficult.
Second, as for what the insurance company is offering, I reject that out of hand. The accident is too fresh to even begin to put a value on the medical expenses, etc. They are simply trying to get a quick settlement so as to cap their exposure.
Third, the OP's insurance company should be seeking reimbursement from the truck driver's carrier so as to limit the assessment against the OP's policy for a claim payout - those lead to non-renewals going forward and higher premiums if they keep the coverage.
Fourth, the "right thing" is hardly ever what people want it to be. According to some in here, the right thing would be for multiple insurance companies to start writing checks left and right to the OP for every conceivable wrong, regardless of actual injury or damage. I don't agree. Should the Vette be repaired to its pre-crash standard? Absolutely. Should the OP's medical bills, etc. be paid? Absolutely. Beyond that, I don't believe in the dialing-for-dollars legal profession that many of my colleagues utilize.
With less than 1,000 miles on the Vette, I would be looking for a new Corvette at the expense of the Insurance company. I would not be out to GET the insurance company, but I would want to get what would make me whole again. Future medical problems are always a concern. I have experience in that area.
I would not buy a wrecked Corvette unless I planned on a total resortation and then only if it was real cheap!
I would not buy your Vette, sorry!
Last edited by Bixby Bandit; Apr 22, 2009 at 10:29 PM. Reason: addition




















