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Car Forum / Nissan / Nissan Maxima / April 2007

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Diminished Value

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A Reader - 29 Mar 2007 08:55 GMT
I didn't know you could collect for the reduced market value of your car
after an accident repair, but the articles at www.claimsreporter.com say you
can.  I know most people will not buy a car with a bad Carfax unless it's
offered at a big discount.  Anyone else know about this stuff?
AS - 29 Mar 2007 21:41 GMT
Sounds like a good way to get yourself audited

> I didn't know you could collect for the reduced market value of your car
> after an accident repair, but the articles at www.claimsreporter.com say you
> can.  I know most people will not buy a car with a bad Carfax unless it's
> offered at a big discount.  Anyone else know about this stuff?
jmattis@attglobal.net - 31 Mar 2007 04:41 GMT
> I didn't know you could collect for the reduced market value of your car
> after an accident repair,

Is there such a thing as diminished value?  ABSOLUTELY YES.  Given two
identical cars, one wrecked, one not, which would you pay more for?

Will you get it from an insurance carrier?  NOT EASILY.  THEY WILL
DENY IT EXISTS. THEY WILL ALSO DENY THAT YOU HAVE SUSTAINED SUCH
LOSS.  They will tell you if you're not happy with the repair, to take
the car back to the repair person you chose and take it up with them.

How do I pursue it?  HIRE AN EXPERT WITNESS.  THEN, SUE THEM.  IT WILL
PROBABLY TAKE THAT MUCH TO EVEN GET THEIR ATTENTION.  Typical
diminished value is 5 to 20% even if the car is fixed pretty well.
Late model cars sustain more diminished value (higher percentage of
value) than older cars.  Bigger repair bills diminish the value more
than little ones.  Frame rail damage causes more diminished value than
replacing a fender or door skin.  Is it worth the whole hassle?  No.
That's why they get away with it.  Some areas have local appraisers
that will sell you a diminished value report for around $100.  The
honest ones will admit that the insurer frequently poo-poos their
report and will not accept it.  Your appraiser must be able to testify
convincingly about his qualifications and your damages, in court, once
your case is heard -- you do have a year or two to pursue this, don't
you?  And your adjuster-witness will be on the hourly clock probably
for most of a day at least.  Witness retainer up front, please.  Like
$500.

The reality is, if you have a luxury car that is wrecked one inch from
being totalled, then hire a lawyer to pursue diminished value.
Otherwise, it is  not indemnification that the little guy is
"entitled" to as far as Big Insurance is concerned.
Gordon - 10 Apr 2007 07:04 GMT
> I didn't know you could collect for the reduced market value of your
> car after an accident repair, but the articles at
> www.claimsreporter.com say you can.  I know most people will not buy a
> car with a bad Carfax unless it's offered at a big discount.  Anyone
> else know about this stuff?

It can be done.
I had an '89 Mazda in good gondition that was totaled be a rear end
collision.  THe car was still drivable and the only dammage was
cosmetic.  Because of the age of the car, they wanted to total the
car.  I told them I wanted to keep using it.  So they paid the
Blue Book value and I got a salvage license for the car.
 
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