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Final Word on Diminished Value Claim in LA

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Old 07-27-2009, 04:59 PM
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medtech
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Default Final Word on Diminished Value Claim in LA

So, I finally finished out my DV claim today, in small claims court.

They good news is that despite the Insurance Companies claims that DV doesn't exist. That it is some sort of mythical unicorn, or fantasy made up in my head. The Judge DID believe in DV, especially when it comes to Pcars.

The reality - out of a DV report claiming $6250 in loss, somehow the Judge felt it was only worth $1500.

So there you have it. DV does exist!
Old 07-27-2009, 05:21 PM
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ivangene
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was that the first blemish on your carfax?
Old 07-27-2009, 06:22 PM
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htny
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I am very proud of you! Most people give up when they realize how much time is involved, really good job sticking it out, regardless of the sum money is money in this case
Old 07-27-2009, 06:41 PM
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jrgordonsenior
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Originally Posted by htny
I am very proud of you! Most people give up when they realize how much time is involved, really good job sticking it out, regardless of the sum money is money in this case
+1... Good job and thanks for reporting the results. You know you can appeal in municipal court if you believe the judgement was lacking....
Old 07-27-2009, 08:06 PM
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medtech
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Originally Posted by ivangene
was that the first blemish on your carfax?
Yes, first blemish. But it says "Frame Damage" so I guess I'm pretty much keepin this car forever. Of course I do have one of the last pureblood porsches.

Originally Posted by htny
I am very proud of you! Most people give up when they realize how much time is involved, really good job sticking it out, regardless of the sum money is money in this case
Thanks. It's mostly just writing letters and waiting for replies, but it did take 11 months.

Originally Posted by jrgordonsenior
+1... Good job and thanks for reporting the results. You know you can appeal in municipal court if you believe the judgement was lacking....
I thought only the defendant could appeal?
Old 07-27-2009, 09:40 PM
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htny
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You're correct, in CA small claims the plaintiff cannot appeal the judgment (and the appeal is a "do-over", new hearing, different judge). There are some exceptions for clerical errors or major flaws in the legal basis of the decision, but generally, no. One thing that is nice about a smaller judgment is that, generally speaking, the insurer cannot appeal (unless it's over $2500).

Obviously: NOT LEGAL ADVICE
Old 07-27-2009, 11:25 PM
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good job... cash in!
Old 07-28-2009, 06:40 PM
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medtech
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Yes, the good news is that at only $1500 the guys insurance company is happily writing a check and there will likely be no appeal.
Old 10-09-2009, 11:42 AM
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arr0gant
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Medtech, awesome...congrats! I've been trying to prove so some of these pinheads over at M3Post that you *can* be awarded damages in Ca for DV. I think too many people listen to lawyers who give misinformation and insurance companies who obviously don't wanna pay DV.

Congrats again!!
Old 10-09-2009, 12:41 PM
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deckman
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Sometimes you just have to dig in your heels on principal. Good job!
Old 10-09-2009, 10:40 PM
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arr0gant
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Originally Posted by medtech
So, I finally finished out my DV claim today, in small claims court.

They good news is that despite the Insurance Companies claims that DV doesn't exist. That it is some sort of mythical unicorn, or fantasy made up in my head. The Judge DID believe in DV, especially when it comes to Pcars.

The reality - out of a DV report claiming $6250 in loss, somehow the Judge felt it was only worth $1500.

So there you have it. DV does exist!
By the way, can you give us details on how you won? Did you repair the car first, then sue for DV?
Old 03-13-2010, 04:34 PM
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washington dc porsche
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To add to the DV posts. Someone hit my rear bumper in rush hour traffic, low speed impact (maybe 5mph) but it was a pickup truck. I asked for DV because of this post and referenced to the guy working my claim that "someone in my car club had a similar claim and was awarded $1500. To make a long story short I ended up with a DV value of "$997". Is that a sign(997)?

Originally Posted by medtech
So, I finally finished out my DV claim today, in small claims court.

They good news is that despite the Insurance Companies claims that DV doesn't exist. That it is some sort of mythical unicorn, or fantasy made up in my head. The Judge DID believe in DV, especially when it comes to Pcars.

The reality - out of a DV report claiming $6250 in loss, somehow the Judge felt it was only worth $1500.

So there you have it. DV does exist!
Old 03-13-2010, 05:26 PM
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Barn996
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Good job Medtech!



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