simmonsg

Well my 4 month old 993 C4, which 'was' in perfect condition,
got hit last Saturday by a mechanic when I was having a slow
air leak checked out.

He was driving another customers car and backed right into the 993. I
saw the whole thing from the waiting room (the pain!). Anyway, the dent is
in the rear quarter panel and the size of a basketball. Cost to repair is
$1800.00. Question is...read somewhere that you can claim that a damaged

car will now have diminished market value and possible to file for 50% of
the total costs of the repairs. Meet with the insurance adjuster representing the
tire shop on Monday, any advise???

thnks! in advance,

glenn

rcwelch

Glenn...I was hit by a comcast van here in the State of Washington and this state has a law that says the amount of damages are the total cost to repair plus the difference in value of the car right before the accident and the value immediately following the repairs. I sucessfully used this law to collect over 10% of the value of the car...not the repair itself. Check the internet in your area for a franchise called "Wreck check", sounds a little hookey, but they specialize in diminished value claims and were able to lend a hand in my efforts. Also call a lawyer referal service and find out who in your area handles these type of claims. When dealing with an insurance company, their first step is to disallow this type of claim...be steadfast and you can prevail. Good luck...I know your pain. Where are you from?

flyenby

I didnt have any luck in california, filing a diminshed value claim, maybe didnt do it right

p_carfan

Depends on your state laws,,,,,,,

InTheAir

True. Here is a listing of states that exclude diminished value claims:

http://info.insure.com/auto/collisio...shedvalue.html

Michael_Philippi

Glenn:

Don't know what state you are in, but that will make a difference in how easy it is to recover this amount. You will need some type of "expert" witness report/person to state how much value is lost because of the damage history. California used to allow for dimisnhed value, but the insurance lobby bought enough members of the legislature to eliminate this measure of damages.

Thus, if you are in California, you need to find the absolute best repair facility you can. One that will take their time doing the repair right. Then, you go out and rent a Porsche to drive while your car is in the shop. You are entitled to a replacement vehicle, of like kind, while your car is being repaired. Couple of weeks in the repair shop, $250/day Porsche rental; who knows, you just might get a decent settlement out of the insurance company afterall. You probably should talk to an attorney to make sure you don't get screwed.

Also, if the adjuster offers you a check on the spot to cover the repair, don't sign anything. You can rest assured there will be a release clause in the "receipt" for the check.

Good luck.
Michael

STLPCA

That's NOT what is listed at the linked insurance broker's website - assuming the content is even correct. The list is reported to be those states "where auto insurance policies can exclude diminished car-value payments."

BTW, there's a difference between what you can claim under your own policy (generally a matter of contract law) and your damage claim against the negligent party (generally a matter of your state's tort laws). There are some earlier discussions about DV claims in the archives. E.g.,

https://rennlist.com/forums/993-forum/173211-diminished-value-claim-settlement.html