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Diminished Value Claim?

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Old Sep 24, 2010 | 04:56 PM
  #1  
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Default Diminished Value Claim?

A truck coming the opposite direction didn't see me and made a left hand turn in front of me. When I saw him, I got on the brakes, but so did he and he stopped right in the middle of my lane. I hit him going about 10 MPH. The impact was low, but it did about $8,000 damage to my car. His insurance company assumed liability and I'm having my car fixed at the local Porsche/Audi dealership that is known to be one of the best.

My car will take a bumper, hood right fender and light assembly. The good news is that all body parts will be new and freshly painted. No paint is going on any existing panels and the body man told me I will be satisfied and will not tell that it has been repaired. They will also replace all factory decals and labels.

However he did note that no matter how good a job it is, a professional with enough talent will be able to tell. So, even when fixed properly, my car will not be worth what it was right before the accident. I believe some states are more favorable than others towards 'diminished value'. I live in Pennsylvania Does anyone know if I should raise this issue with his insurance company? My own insurance company agent, Erie, told me that they have never paid such a claim in this state and he doubts that the other insurance company would either. I don't think the amount would be worth getting legal on them.

Any expert opinions out there?

Thanks
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Old Sep 25, 2010 | 05:26 AM
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As with any insurance claim there has to be proof that the claimant was affected negatively due to an accident. In other words, if you make a claim, how were you not made whole and how is it measured and proven? That is where things get real fuzzy to prove. However, if through no fault of your own your vehicle is branded through such services as Carfax etc. then you will be at risk of a discounted valuation when it comes time to sell or trade your vehicle.

Many times the argument from the insurance carrier is that if "proper repairs" are performed then the car should be in "pre-loss" condition. While this is true, public disclosure of an accident through services like Carfax influence potential buyers. This is especially critical on a high end car. If two identical cars where for sale and one has a clean car fax while the other doesn't, it is obvious one will bring a premium over the other.

My advice is to get documentation from your dealer as to what kind of discount they place on a car with accidents on the Carfax, then ask the insurance company to confirm they report the accident to NICB etc (which they are required to do but it would be valuable to have them disclose that to you) and then make a claim if you feel it is worth it.
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Old Sep 25, 2010 | 10:41 AM
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Yes, you can be compensated for diminished value. Google is your friend. Be prepared for a fight.
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Old Sep 25, 2010 | 12:17 PM
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As working for an insurance company this is almost always a result in no. In other words your screwed out of your diminished value more often than not. As many people would claim this. The insurance company will repair your car to the working order it was before the accident, but whose to say exactly how much extra its worth in depreciation vs. the latter. But generally no one is compensated for the diminished value; the cars just fixed and the driver is compensated for lost wages and car repairs.
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Old Sep 25, 2010 | 01:15 PM
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I'm not going to worry about it. I'm planning on keeping the car a few years, and I'll get it back better than it was.... no stone chips or swirl marks in the hood

Someone before me took a polisher to the hood and put awful swirl marks in it. I was going to have it refinished at some point. Now, I tried my best to avoid the accident, but the last thing that went through my mind, when I knew I was going to hit was.. "Well, I'm gonna get a new hood!" BAM!
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Old Sep 25, 2010 | 02:22 PM
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If you can post up some pics of your audi's damage. I'm curious
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Old Sep 25, 2010 | 03:58 PM
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Originally Posted by wreck111
Don't believe your company, I am an expert in this field and have done plenty. Yes they do pay, but you should also go after "Loss of Use". If your in Md PM I will help you.Don't settle the claim until you get something and yes an expert can always tell. What is going to hurt you is the car fax. The question you always ask in a case such as this to the insurance adjuster is " If there are two cars with the same mileage,color and type, one has been hit to the tune of 8K but repaired perfectly would you pay the same for either car if it was offered to you" The answer has to be no!
Some could argue if the damage was extensive, but not totaled, and happened at about 90,000 miles; Let's pretend it was a 30 MPH hit and you got two new headlight assemblies, new engine, new radiator, new front body components (hood, fenders and facia), two new complete headlight assemblies. I'd call that an increase in value as a new engine makes the car's life somewhat newer.

I know, it won't happen. Insurance companies are your friend until something goes wrong. I cancelled all collision and comprehensive when the car hit 110k miles as the premiums did not justify keeping coverage.
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Old Sep 25, 2010 | 05:03 PM
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Bottom line is that the same dealer that repaired your car will ding the hell out of it when you trade it in. That is a real loss. And yes, insurance companies DO pay DOV.

As a buy if you had two identical options yet one car had been "worked on" and the other not, the smart consumer would always go with the one Not worked on. That leaves the other car to be sold at a discount. THERE is your DOV.

Remember, we are talking Audi A8. There is a slight difference when talking about a Chevy truck or Hyundai.
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Old Sep 25, 2010 | 06:53 PM
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They'll pay you a compensation but not anything you'll generally notice. If you battle win them you may get a couple extra in a payout resulting in wage loss due to not being able to use your vehicle. But nothing generally for the amount lost your vehicle would be worth if it were not in an accident.
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Old Sep 25, 2010 | 07:21 PM
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They do pay it. Just have your ducks in a row.
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