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Tractor Talk Discussion Forum

Diminished Value

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MichaelNEIowa

09-28-2007 19:40:15




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My car just got pasted by a guy who went through a yield. 2 year old car is in the shop and will likely cost over 10k to fix.

Thinking of asking the insurance co to reimburse me for the car"s diminished value. That is, even after it is fixed, the car will be worth less because it was in an accident.

Anybody ever try to recoup diminished value after a wreck? How successful were you and what process did you need to follow?

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MarkB_MI

09-29-2007 05:33:12




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
I think in most states you can still sue the other driver in small claims court for the difference in what insurance paid out and what you believe your actual damages amounted to. Of course that doesn't mean you will prevail in court, nor does it mean that you will be able to collect if you win.



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roger roland

09-28-2007 21:19:52




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
first off it wasnt Your fault right ? now its not "your" insurance co replacing its His was other persons fault ? YES they have to replace YOUR car to any specs U want OEM parts ONLY & or a replacement car to same value, of corse u dont want a wrecked fixed car if it wasnt your fault , replace it., U will get the run around from there ins company but tell them Ok was his fault see U in court they pay anyway....

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Goose

09-28-2007 21:01:23




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
Read your insurance policy. They vary greatly from company to company and from state to state.

I was a Claims Adjuster on automotive service contracts for nine years until about four years ago. There were some things we had to pay in some states and not in others.

Incidently, I could write a book (and maybe I will) on schemes both insureds and repair shops came up with to try to screw the insurance company out of something they didn't have coming. I caught a Chevy dealer in Mississippi installing a $500 salvage yard engine in a Chevy pickup after I'd authorized $2700 for a new Goodwrench unit. I caught a Dodge dealer wanting $3900 to replace a complete engine in a full size Dodge van when the only problem was a $100 fuel injector, etc.

The one I loved was a man in Idaho, whose contract was about to expire and who thought he'd get a new engine in his pickup before it did, pulled the oil drain plug on an F150 pickup, ran it until the engine seized and then had a shop, probably one of his buddies, call in a claim for $3600 for a new engine.

He hadn't read his contract. The contract stated the total of all claims was limited to the NADA wholesale value of the vehicle just prior to the most recent failure. His pickup wholesaled for $2200 and we'd already spent $1982 for a transmission in it. After he intentionally destroyed his engine, we had $218 left to spend.

We had to put that clause in contracts. Otherwise dealers would paper sell their junkers to an employee, put a service contract on them, and use the service contract to rebuild them before putting them back on the lot. And the huge, high volume, big city dealers were the worst of the lot. The knew the manufacturer would never come back at them because of the volume of units they moved.

We Adjusters would never attempt to deny a justified claim. We simply followed the contracts to the letter.

I left that job convinced that everything negative and derogatory that's ever been said about the automotive industry has been grossly understated. There are some REAL slimeballs in that business.

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Davis In SC

09-28-2007 20:28:03




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
If they choose the shop, you do not have to accept it, until you are satisfied that it is done to new factory standards. Make them use genuine parts, instead of the India/China ones, Also make sure you get a rust warranty...



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BillinCentralMO

09-28-2007 20:19:48




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
Read the insurance policy. It will tell you what they have to pay. Most of them say the Ins. Co. can repair it , replace it or pay you the damages at their option. Here in MO if they are paying for the damage , the measure of damages is FMV pror to the accident minus FMV after the accident.I have no idea what they use in Iowa.Reccomend exploring getting an attorney if you are not satisfied with the result.Hope that was some help.

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GeneMO

09-29-2007 05:44:03




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 Re: Diminished Value in reply to BillinCentralMO, 09-28-2007 20:19:48  
Bill, Where are you at in Central MO.? I work in crop insurance claims also in central MO.


Gene



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BillinCentralMO

10-03-2007 20:39:34




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 Re: Diminished Value in reply to GeneMO, 09-29-2007 05:44:03  
I'm actually in St. Louis right now but we have a farm near Kingdom City. Did you have alot of claims for the corn that the storm blew down on the groud? We were able to pick up most all of it on ours , lost some ears still laying in the field. Evidently the new equipment picks it up pretty good.



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Spook

09-28-2007 20:08:53




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
Unless "diminished value" is specifically covered and denoted in your policy, you will not be compensated for that condition. At 10K, unless you have a pretty expensive car, you might be better off with the car totaled out.



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Bradd17

09-28-2007 20:07:50




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
Each state is different if they require a company to pay diminished value or not. You have to demand it, they will not just give it to you. They will let you know if they owe it to you or not.



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Kent in KC

09-28-2007 20:02:14




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
Sorry to be cynical but - lots of luck. They are an insurance company. They are in the business of not paying claims and, secondarily, not paying a penny more on settlements than they have to.

Again, forgive the cynicism but, welcome to the NFL. That's life.



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RobMD

09-28-2007 19:53:18




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 Re: Diminished Value in reply to MichaelNEIowa, 09-28-2007 19:40:15  
10K ????? They didn't total it?



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MSM

09-29-2007 11:03:29




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 Re: Diminished Value in reply to RobMD, 09-28-2007 19:53:18  
Most insurance companies will repair a newer vehicle up to 70-75% of it's appraised value.ie $20,000 car will be repaired if the damages are $14,000.



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MichaelNEIowa

09-28-2007 20:07:23




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 Re: Diminished Value in reply to RobMD, 09-28-2007 19:53:18  
Not yet. Accident happened this morning and car just went to the shop today.



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