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Diminished Value Claim

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Old 04-21-2009, 03:51 PM
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TexanPride
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Default Diminished Value Claim

I'm not sure this is the right forum for this question, but here goes...

Bought a 2008 Coupe 3LT Z51 package - every option but the custom leather interior, on September 4, 2008 during the GM employee discount promotion. Sticker was $57,945.

On October 17 my wife and I were taking our very first weekend road trip down to College Station to see the Texas Tech vs A&M football game. We stopped for a bite to eat on the east side of Ft. Worth, and after hopping back onto the freeway, quicky moved into the center lane of the 3 lane freeway and begun to pass an 18 wheeler (Peterbuilt conventional nosed tractor)traveling in the fast lane...as I was about 90% past the truck it decided to change lanes to the center lane and proceeded to clip my left rear corner panel, spun me sideways and then t-boned me in the drivers side door and pushed us over 800 feet down the freeway at 65mph! The driver, seeing the smoke from my tires being ground square, thought she had a blow out and let off the gas and proceeded to steer the truck to the left side of the road and slowly come to a stop. It wasn't until we came to a complete stop and my wife and I crawled out the passenger side of the car did the drive realize my brand new Corvette with only 646 miles on it was pinned against her radiator - the drivers side mirror sheered off, drivers side window blown out and significant body and left rear axle damage. My wife and I had nightmare's for weeks having visions of that truck rolling over the top of us, squishing us like sardines - it's a miracle we weren't crushed.

Luckily my wife and I were not seriously injured, although we we incredibly sore for weeks afterward and I had to visit a chiropractor for several treatments when my back finally gave out about 5 weeks later.

But cut to the chase - total Chevrolet dealer collision center bill came to $12,349.01. No frame damage, mostly cosmetic, 1 rim, all 4 tires, rear left suspension arms and bushings, door glass, mirror, door panel, rear qtr panel skin, paint and interior cleanup from glass.

The car actually did remarkably well - since we were both doing 65 the impact was minimal and most of the damage was from being pushed, not impacted.

I am attempting to pursue a diminished value claim with the responsible parties' insurance company and retained a professional diminished value apprasier who calculated that due to the vehicle being a high performance exotic car with a unique and sophisticated buyer's market, the car has expirienced a significant negative diminished value of up to 30% of it's original value due to the extent of the damage - up to $18,461. The insurance company is offering to settle for $7500, which included loss of use and reimbursement of medical expenses - essentially offering no diminished value settlement at all.

The car was virtually brand new - I bought it purely as a weekend pleasure car and had a daily driver I use to commute to work. The car only had 646 miles on it at the time of the accident!

I'm ready to turn it over to an attorney.

My question to the forum is this: would you buy this vehicle if it were listed for sale and the accident was disclosed at time of sale? In your opinion, how much has the vehicle diminished in value because of the accident.

Does anyone have any experience or success stories with diminished value claims?

I appreciate your feedback and look forward to your responses.

Last edited by TexanPride; 04-21-2009 at 04:06 PM.
Old 04-21-2009, 03:57 PM
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mcandrew67
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As you described herein the damage, I wouldn't touch it. To many unknown variables that could still surface when you get it back. Being dragged sideways down a highway like that. personally I would stay clear.
Old 04-21-2009, 04:01 PM
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AORoads
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Maybe it's just me but here are my answers: 1) No, I would not buy it, ever. 2) I'm very, very glad you are ok, and your wife, too. 3) Get an attorney right away. $12K in repairs is major and as a private party, I wouldn't buy it. As a dealer on a trade in, I have no idea what they'd do, or how they'd value it. But if they gave it 100%, I might be surprised.
Old 04-21-2009, 04:07 PM
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m48xhp
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I agree. I feel even repaired, it is only worth the value of its in-tact parts....maybe $25,000 fixed, $10-15 as is.

Good luck fellow Aggie.
Old 04-21-2009, 04:11 PM
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lander
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No, I would not buy the car.
Old 04-21-2009, 04:16 PM
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danl72
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Originally Posted by AORoads
Maybe it's just me but here are my answers: 1) No, I would not buy it, ever. 2) I'm very, very glad you are ok, and your wife, too. 3) Get an attorney right away. $12K in repairs is major and as a private party, I wouldn't buy it. As a dealer on a trade in, I have no idea what they'd do, or how they'd value it. But if they gave it 100%, I might be surprised.
Old 04-21-2009, 04:57 PM
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Buffy's Z
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I agree with the others... if I was looking for a Vette to buy and saw a 12K repair bill I would run away fast. Even if you had it fixed at a dealership they would reduce what they would give you for it due to the accident. I would get an attorney ASAP!
Old 04-21-2009, 05:05 PM
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johnodrake
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PM member iridelow. He had almost exactly the same experience last year on the way to the Bash. He may have some good insights.
Old 04-21-2009, 05:11 PM
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See5see6
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No I would not buy it. You are wise to enlist the services of an attorney asap.
Old 04-21-2009, 05:44 PM
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crescentbeachbum
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Default got the sue you blues...

Originally Posted by See5see6
No I would not buy it. You are wise to enlist the services of an attorney asap.


lots of negligence on HIS part; their insurance company should be BEGGING you with any offer y'awl demand.

Bottom line, do not settle for anything less than a fully NEW replacement/same optioned C6!
IMO
Old 04-21-2009, 05:54 PM
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nmerhaut
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Originally Posted by AORoads
Maybe it's just me but here are my answers: 1) No, I would not buy it, ever. 2) I'm very, very glad you are ok, and your wife, too. 3) Get an attorney right away. $12K in repairs is major and as a private party, I wouldn't buy it. As a dealer on a trade in, I have no idea what they'd do, or how they'd value it. But if they gave it 100%, I might be surprised.
Pay attention to Bill's #3 point. Rear ended last fall and wife and I still hurting. Car repaired and looks great but psychologically still not loving it as much as I did. Dealer knocked off 15-17% on a trade in because of DV. He even told me his dealership sued someone for DV when a company car was damaged. Your injuries could resurface or get worse in the coming years. Get counsel and research DV on the internet. Post me personally if you want get any more info. Good luck.
Old 04-21-2009, 05:55 PM
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Salt
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Attorney! It wasn't your fault as described, You need to be compensated, when you try to sell this car in the future, you will not get anything close to what you feel the car is worth, in spite of how good the repairs are done. Keeping the car, that's a tough one, how do you and the wife feel about it? Try to sell the car without disclosing the accident history in an attempt to get more $$$, I know that wouldn't happen either way you go it'll be a loss, get what you can. I'm sorry for what happened to you and your wife, glad you are both Okay, As stated earlier this has a familiar ring to it, check with Kevin, iridelow, he had a similar accident, Good Luck and be safe, Salt
Old 04-21-2009, 07:39 PM
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djfullshred
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First off, want to say glad you & your wife are ok. That is a scary story.

Secondly, no I would not buy a Corvette if i knew it was in this kind of accident.
Old 04-21-2009, 07:44 PM
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Jimmy G.
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Get an attorney and sue the truck drivers insurance, the truck driver, the trucking company and the owner of the merchandise he/she was hauling.
Old 04-21-2009, 07:51 PM
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Very glad to hear that you and your wife were not seriously injured.

That said, I would not even think of settling without contacting an attorney. The insurance company is trying to take advantage of you. Get a lawyer that is experienced in dealing with automobile claims. I'm sure that later you will be glad you did.
Old 04-21-2009, 07:54 PM
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mgtr
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I would be looking for a new car, loss of use, medical bills, liability for future medical bills, and pain and suffering. It doesn't hurt to ask!
Old 04-21-2009, 07:56 PM
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Originally Posted by johnodrake
PM member iridelow. He had almost exactly the same experience last year on the way to the Bash. He may have some good insights.
Sounds almost identical.

With the advent of things like Car Fax I think that damage to that extent would, in my mind, put it in the catigory of a salavge or lemon title. In otherwords, there are people that will buy them for cheap but they are few and far between.

Get a lawyer, hope it worke out for you.

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Old 04-21-2009, 07:57 PM
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metal
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Best solution is to insist on a replacement Vette with same miles(new) and let them worry about the value loss of the damaged/repaired car.
Lawyer up for this....
Old 04-21-2009, 08:04 PM
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buy car? nopee , nopee
Old 04-21-2009, 08:08 PM
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wow - sorry to hear about your car and the accident.

Like everyone else said - get a lawyer and make sure you get every dollar. As a fellow Ag myself i sympathize. (Class of 04 here)

Hope you get a new vette!


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