jporter12 Posted December 22, 2013 Report Share Posted December 22, 2013 It did have frame damage, and it's my right to be made whole for the loss in value I suffered from some dumb ass punk teenager. That's why we have insurance. I did not do this when I got t boned in my sentra because I didn't know about it, but when I went to trade it in the dealer took the offer from $5000 down to $3200 because of the carfax showing the accident. So no, I am not being greedy. I'm not a big fan of Carfax. Not everything gets reported (it's not possible) and some people (mainly dealers, but not all of them) try to rape people when something shows up on it, whether it's something they should be concerned about or not. Again, just my opinion. Quote Link to comment Share on other sites More sharing options...
SecondLiar Posted December 22, 2013 Report Share Posted December 22, 2013 So no, I am not being greedy. I agree. They reduced the value of your car and should make you whole. Dealers wouldn't give you the same price as they would for an unrepaired car. I don't want a repaired car unless I get a great deal on it. Fight on. Quote Link to comment Share on other sites More sharing options...
ohdaho Posted December 31, 2013 Report Share Posted December 31, 2013 Look up the diminished value laws in Ohio as they differ in states.We have to get a third party appraisal done which generates a report on the reasons why there is diminished value. In which case the insurance company will settle. Quote Link to comment Share on other sites More sharing options...
JStump Posted December 31, 2013 Author Report Share Posted December 31, 2013 Look up the diminished value laws in Ohio as they differ in states.We have to get a third party appraisal done which generates a report on the reasons why there is diminished value. In which case the insurance company will settle.Where do you get this done and how much does it cost? Quote Link to comment Share on other sites More sharing options...
turnone Posted January 1, 2014 Report Share Posted January 1, 2014 We used to call this shit luck. It's a fine line between greed and being made whole. I never considered insurance to maintain a cars value as much as to repair it after it's damaged. I'm not sure what I would do. Quote Link to comment Share on other sites More sharing options...
Cheech Posted January 1, 2014 Report Share Posted January 1, 2014 We used to call this shit luck. It's a fine line between greed and being made whole. I never considered insurance to maintain a cars value as much as to repair it after it's damaged.I'm not sure what I would do. In this instance, there are two types of damages: physical (the car), and economic (the value) Since Stumpalump is the victim here, I would expect, if I were in his position, that the insurance company make me whole for all damages incurred. Since proving economic damage vis-a-vis the diminished value of the car is relatively easy seeing how new it is, tacking that on to the overall payment isn't a huge (or any) stretch at all. Quote Link to comment Share on other sites More sharing options...
DAC Posted January 1, 2014 Report Share Posted January 1, 2014 Where do you get this done and how much does it cost?Do some net research and take it from there. The insurance company will hire their own. Then you may get this arbitrated. Expect this to take a while. Quote Link to comment Share on other sites More sharing options...
turnone Posted January 1, 2014 Report Share Posted January 1, 2014 In this instance, there are two types of damages: physical (the car), and economic (the value) Since Stumpalump is the victim here, I would expect, if I were in his position, that the insurance company make me whole for all damages incurred. Since proving economic damage vis-a-vis the diminished value of the car is relatively easy seeing how new it is, tacking that on to the overall payment isn't a huge (or any) stretch at all.I fully understand the concept of DV. I just never considered it to be what the insurance policy covers. Unless it says it's covered I'd be surprised if they would have to pay for this. Not saying it doesn't happen, just saying I never thought of it as covered. Quote Link to comment Share on other sites More sharing options...
DAC Posted January 2, 2014 Report Share Posted January 2, 2014 I fully understand the concept of DV. I just never considered it to be what the insurance policy covers. Unless it says it's covered I'd be surprised if they would have to pay for this. Not saying it doesn't happen, just saying I never thought of it as covered.It's part of the indemnification concept - placing the injured party in the same position they were in before the accident. The insurance policy is there to cover the insured against liability and in this case that means the liability for the loss that the injured party has suffered in the economic value of the his property. If the insurance policy doesn't cover this, then the injured can simply pursue their claim against the at fault party in small claims.So in the end, unless this type of loss is excluded, it's probaby covered. Quote Link to comment Share on other sites More sharing options...
JStump Posted January 5, 2014 Author Report Share Posted January 5, 2014 It's part of the indemnification concept - placing the injured party in the same position they were in before the accident. The insurance policy is there to cover the insured against liability and in this case that means the liability for the loss that the injured party has suffered in the economic value of the his property. If the insurance policy doesn't cover this, then the injured can simply pursue their claim against the at fault party in small claims.So in the end, unless this type of loss is excluded, it's probaby covered.It is definitely something the state recognizes but insurance companies try their hardest to say doesn't exist. I am almost finished gathering all my documentation to file for small claims court so we will see what happens from there. Ohio seems to have a pretty good track record for siding with the car owner in DV cases. Quote Link to comment Share on other sites More sharing options...
DAC Posted January 5, 2014 Report Share Posted January 5, 2014 It is definitely something the state recognizes but insurance companies try their hardest to say doesn't exist. I am almost finished gathering all my documentation to file for small claims court so we will see what happens from there. Ohio seems to have a pretty good track record for siding with the car owner in DV cases.Sounds good. Once you file against the other person, that'll get their attention and they'll be all over their insurance company to get this fixed. Quote Link to comment Share on other sites More sharing options...
Revelstoker Posted January 6, 2014 Report Share Posted January 6, 2014 (edited) get it fixed and no diminished value. Insurance isn't going to cover this piece for you as others have stated. I've had it happen too many times to worry about now. Best of luck with the small claims route as it is really your only option, if you can prove damages. Edited January 6, 2014 by Revelstoker Quote Link to comment Share on other sites More sharing options...
ohdaho Posted January 9, 2014 Report Share Posted January 9, 2014 Where do you get this done and how much does it cost?Just do a google search for Columbus area diminished value appraisers.get it fixed and no diminished value. Insurance isn't going to cover this piece for you as others have stated. I've had it happen too many times to worry about now. Best of luck with the small claims route as it is really your only option, if you can prove damages.You're wrong on all accounts. OP, do some research (outside of OR) know the law and stand your ground. It's a bitch and the insur. Co. Will push back since they try to discourage folks from this type of claim. Quote Link to comment Share on other sites More sharing options...
JStump Posted January 10, 2014 Author Report Share Posted January 10, 2014 (edited) Sounds good. Once you file against the other person, that'll get their attention and they'll be all over their insurance company to get this fixed.I should file against the person at fault? I thought I had to go straight to Geico. That would for sure get their attention though!!! Just do a google search for Columbus area diminished value appraisers.You're wrong on all accounts.OP, do some research (outside of OR) know the law and stand your ground. It's a bitch and the insur. Co. Will push back since they try to discourage folks from this type of claim. I am for sure going after them, I did not know about this when I got T boned in my Sentra. Went to trade it in and lost $1,500 on the trade in because of the car fax showing the accident. I won't make that mistake again! Edited January 10, 2014 by JStump Quote Link to comment Share on other sites More sharing options...
DAC Posted January 10, 2014 Report Share Posted January 10, 2014 I should file against the person at fault? I thought I had to go straight to Geico. That would for sure get their attention though!!! Geico is just indemnifying the insured - the person that hit you. Pretty sure that if you sue someone, it'll need to be the insured, not the insurance company. Quote Link to comment Share on other sites More sharing options...
Revelstoker Posted January 11, 2014 Report Share Posted January 11, 2014 OP, do some research (outside of OR) know the law and stand your ground. It's a bitch and the insur. Co. Will push back since they try to discourage folks from this type of claim.OK, cite the law and process to go about accomplishing the task? I had not luck when I pressed this matter and was told to go to the courts. Even when I consulted lawyers. One issue is establishing damages. Since the insurance company fixed the car, I had no immediate damages. Had I sold the car and incurred a reduced sale value vs. a comps, maybe but I didnt. THen, comps can vary wildly. Interesting on adjusters that estabish reduced value but give us the share benefit of your JD or experience. Quote Link to comment Share on other sites More sharing options...
JStump Posted December 9, 2014 Author Report Share Posted December 9, 2014 (edited) So I forgot about this thread and kinda fell off the forum but while I was checking my for sale threads, I saw it and thought I would update for those interested. I ended up going to court in October with a book full of documents supporting my claim including a DV report done by an independent evaluator and asked for the max I could which was $3000 plus court costs. Well in the end, I had 57 pages of documentation on why my car lost value and all Geico could come back with was a verbal "we don't believe it lost value" and tried to get all my documents dismissed as inadmissible. The judge asked me if they even tried to settle with me to which I said "no, they didn't offer a penny" he just looked at me with this look of "seriously?? Nothing??" Then awarded me the full $3000 plus costs so $3100. It might have been less if they had even attempt to settle but I think he wanted to stick it to the insurance just as much as I did after hearing they wouldn't even offer anything. Edited December 9, 2014 by JStump 1 Quote Link to comment Share on other sites More sharing options...
Anden Posted December 9, 2014 Report Share Posted December 9, 2014 After seeing this I wonder how my wife is going to get screwed when she goes to trade her car in. Quote Link to comment Share on other sites More sharing options...
2talltim Posted December 9, 2014 Report Share Posted December 9, 2014 (edited) This is why when my wife hit a deer, I fixed it a as cheaply as possible and pocketed the rest. Since I knew just because of that crash record the car was worth less no matter how well or who fixed it. Edited December 9, 2014 by 2talltim Quote Link to comment Share on other sites More sharing options...
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