QuestionDear Dr. Settlement,
First, thank you for your excellent answer to my previous question. Your answer, along with your website, has helped considerably in my attempt to recover loss.
On your settlementcentral.com website, under Diminished Value, you state "No one wants to take a chance on a vehicle that has been wrecked when they are paying big money. The higher the value of the vehicle, the more apparent it becomes that a wreck will reduce the fair market value." Although this is ABSOLUTELY COMMON SENSE, the insurance company I am trying to recover Inherent Diminished Value from flatly denies your conclusion. They say, since the post-repair CONDITION is the same, the VALUE is the same.
These guys seem to have shelved recognizing common sense arguments a while ago. Are there any established case precedents where an insurance company tried to make this weak "condition = value" argument and lost?
Also, exactly as you recommend, I used a local Diminished Value appraiser to determine the Inherent Diminished Value. However, the insurance company merely dismisses his report saying it is (essentially) uncreditable, unsubstantiated BS and their own "unbiased" guys who say zero diminution are correct. Do you have any advice to help get them to take the appraisal seriously?
Again, sorry for the long message, but thank you for your help.
AnswerHello again, Richard,
I am answering a list of questions waiting for me tonight in the order they came in, so that is why I did not
combine this with my previous answer to you.
First, thank you for your nice comments about our information on our website. We try to help.
No, I do not know of any precedents like that off hand, but no insurance company or expert I know of will dispute that in high end value vehicles that are almost brand new, the mere fact that there was an accident will diminish the value of the vehicle.
As noted on our website, the amount that the market place will punish a vehicle in reduced market value will depend upon how extensive the damage was and what kind of parts or structure were damaged.
If those are extensive damages, there is no way that the repairs can ever make an almost new vehicle anywhere near in value to a virgin vehicle.
Do not despair: try the small claims court route, as I suggested in an earlier answer to you tonight, assuming your jurisdictional limits are close to your $5,000 damages.
Keep up your energy on this and you will prevail,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
