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[tysndys]

Does any one out here have experience or advise regarding a Diminished Value claim on a crashed and fixed car. 2016 Mustang rear ended, the bill for fixing it is up to 14k. It will have a crashed Carfax report,but not salvaged title. Should I have a lawyer pursue this, or is it something an individual could do.

[red ben59]

Gald you weren't on you scooter for that rear ender. 

[tysndys]

I haven't been on the scooter since. Yes, rattled me a bit and pain still.

[MIKEYTEE]

If you are planning to keep it and drive until who knows when, don't worry about it. If not, talk to a lawyer.
Mike
 

[CVODON]

Ease of obtaining diminished value varies by state regulations the insurance companies are bound by. In Florida you can not obtain diminished value from your own company and as a result not at all if loss was your fault, but you can from the other or at fault company. In some states you get DV as a part of the loss. Before you spend money on an attorney who operates for pay, and you do not want an attorney getting part of your DV money, call the at fault company and discuss with an adjuster, use business tone, do not make unreasonable demands and this should be easy. Try to remember he or she, has already heard every threat, hard luck story and only wants to pay you and get rid of you, if you have money coming. I was that guy, if you used foul language, I hung up and did not call you back, ever. The only way our conversation continued was you caught me when you called and I picked up the phone cold.
By the way, although 14K sounds like alot of damage, on a $45,000 car it is not that much, less than 35% of retail value. Sorry you had the loss. Remember to KEEP that DV money for when you trade in the future because your car really is worth less than it was before and most folks need that cash to make up the difference at trade time.

[tysndys]

Good idea to check the temperature of the adjuster. That should give me an idea on which way to go.

[greglyon]

It is better to hire an expert at auto appraisals.  In Arizona, there are about 4-5 that specialize in determining the amount of diminished value damages.  They examine the damage, take pictures, do a market survey and provide a written report. Cost in Arizona is about $300. Carriers hate like hell to pay this but case law usually supports the award of such damages.   Get a consult with a personal injury lawyer in your jurisdiction and perhaps they will turn you on to a local expert.  If you don't get anywhere near what you believe is fair, it will be time to hire an attorney. If it is clearly a low ball offer, see if the attorney will charge a fee on amounts in excess of their best offer only.    Good luck

[CVO2FIXUP]

After a hit like that on a new style car, they are never the same. Will always have some squeaks, water leaks, or miss aligned pennells. Some times your tire wear will be all screwed up. Rust will pop up in strange places. To bad you are keeping that car. Would be very hard to sell. If you can get some more cash to take the depreciation hit, go for it.

[CVODON]

CVOFIXUP, Not sure where you got all this information regarding repaired cars, but I assume you have had lots of wrecks and use poor quality repair shops and your choice was based on which one will give you the biggest kick-back or refund your deductible that is located in the back of someones house in the bad section of town.
The stuff you spewed just does not fly in this day and age. Racks cost $60 Grand and most shops in this area have at least 4, Downdraft booth with controlled prep station and monitored heat drying cost $100K. I-Car certification for techs costs $100 hr and in order to get Gold you have to have all your techs certified. Shops that spend this kind of money to be in business do not stay in business if they do the work you describe and I know of several in this area that are over 40 years in existence and have waiting lists for work.
I disagree with everything you said. Your post sounds like something from the '50's, but you are just wrong now. To many lawyers and to much chance of court action for work like you describe to exist. People will just not put up with it.
AND the Mustang based on the photo is being assembled on what appears to be a Chief Rack which more than likely has Laser measuring, the car will be square when done, but probably no kick-back.
And I know this site does not like confor tation but you said you piece and I replied with facts.

[20 gauge]

Well put Don

[grc]

What you said is true Don, but unfortunately a lot of cars around here obviously haven't been repaired by one of the shops you talked about.  Here in the good ol' rust belt, I see many cars every day that have been crashed at some point and the paint is failing and they are rusting out at the site of the repairs.  Too much use of non-OEM parts, too little effective corrosion preventive treatment of the metal, poor prep and paint work.  People need to understand that you get what you pay for, and they also need to understand that some insurance companies will try to steer them to shops that don't use OEM parts and don't look anything like the ones you described.  One might think the fear of lawsuits would be enough to cause the industry to police itself, but it isn't any more effective in that industry than it is in others.  There will always be the good guys in the white hats, and the bad guys in the black hats.  People need to learn how to tell them apart and not be so trusting.  And of course they need to stop being so cheap.  They've got no bitch coming if they seek out the cheapest, nastiest shop in the area and the result sucks.

JMHO - Jerry

[CVO2FIXUP]

CVOFIXUP, Not sure where you got all this information regarding repaired cars, but I assume you have had lots of wrecks and use poor quality repair shops and your choice was based on which one will give you the biggest kick-back or refund your deductible that is located in the back of someones house in the bad section of town.
The stuff you spewed just does not fly in this day and age. Racks cost $60 Grand and most shops in this area have at least 4, Downdraft booth with controlled prep station and monitored heat drying cost $100K. I-Car certification for techs costs $100 hr and in order to get Gold you have to have all your techs certified. Shops that spend this kind of money to be in business do not stay in business if they do the work you describe and I know of several in this area that are over 40 years in existence and have waiting lists for work.
I disagree with everything you said. Your post sounds like something from the '50's, but you are just wrong now. To many lawyers and to much chance of court action for work like you describe to exist. People will just not put up with it.
AND the Mustang based on the photo is being assembled on what appears to be a Chief Rack which more than likely has Laser measuring, the car will be square when done, but probably no kick-back.
And I know this site does not like confor tation but you said you piece and I replied with facts.

    Talk about spewing,    Would you spend your top dollar on a car that has bin accordioned and then cobbled back together using sections of other cars that were welded on?  I did not think so.  That's why those cobbled wrecks have a branded titles, and not sold as a mint, perfect car. I tell, you hey are never the same. I have seen many cars like that, and you can tell right away whats up.

[CVODON]

Once again you are wrong. I have bought, repaired and used as family cars 100% totals.  Never had a problem with them. Have clipped both front and rear, then used them until I  sold or traded them, with disclosure, and once again the purchaser's NEVER came back or had a complaint.
I am not going to argue online with you. No more response from me. So yes I would buy or sell a car that had "bin accordioned" and repaired correctly by a quality shop.
 

[SSTuner]

Glad you are alright or getting better.  That looks car looks nasty.  What is the reason they didn't "total" it?  You should sell/trade it in as soon as you get it back, before the "paperwork" gets updated online.  Sorry to say that car will never be the same.