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Old 05-30-2023, 10:15 PM
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CDNC
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Default OT - Diminished value accident claim?

Last night we were rear-ended by a semi truck in our Volvo while we / traffic was stopped for an ambulance crossing the intersection on an emergency call (lights and sirens). Thankfully, the car did what it was supposed to do. Miracle of miracles, there were two OPP cruisers at the intersection and witnessed the whole thing.

Our Insurance company has been very good today but I asked them about a diminished value claim and they said it’s not a thing in Canada. I asked if I could take some action against the other insurance company or the company that owns the truck / driver. They didn’t seem to think that was an option.

Anyone have any experience with this in Ontario?

Last edited by CDNC; 05-30-2023 at 10:16 PM.
Old 05-30-2023, 10:22 PM
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Adamant1971
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Doesn’t exist here. You can argue the value if they are calling it a loss. Unfortunately you may get stuck with a car that is marked by a claim if they decide to fix it.
Old 05-31-2023, 06:26 PM
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rideau
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Default Diminished value accident claim

Am in the same circumstance. I did review court cases claiming diminished value, all unsuccessful. My wife was broadsided, 100% other driver’s fault, about $15,000 damage to her car. It is being repaired so damage of that magnitude will definitely affect value.
Fortunately, she’s ok, that’s what is important.
Old 05-31-2023, 06:33 PM
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pfitzsim
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My neighbour was successful - however he was hit in Michigan while visiting one of his kids.
Old 05-31-2023, 08:05 PM
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CDNC
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Originally Posted by rideau
Am in the same circumstance. I did review court cases claiming diminished value, all unsuccessful. My wife was broadsided, 100% other driver’s fault, about $15,000 damage to her car. It is being repaired so damage of that magnitude will definitely affect value.
Fortunately, she’s ok, that’s what is important.
It makes no sense to me. These are legitimate (and I think quantifiable) damages. I understand that there may not be insurance coverage but why can’t I make a direct claim? Same situation - I take a $5k(?) hit on value because we stopped for an ambulance? Ridiculous.
Old 05-31-2023, 08:50 PM
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Agreed, not fair. Some of the cases are not at fault drivers who sue the other party. Suing insurance company does not work because of no fault. Suing other party directly not successful as well. In our situation, I suspect the other driver does not have a dime to his name so no matter whatever the outcome suing directly is a waste of time and energy.

Last edited by rideau; 05-31-2023 at 08:51 PM. Reason: Not complete
Old 05-31-2023, 11:53 PM
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petee_c
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CDNC,

are they able to repair it?

I bought a 2015 Golf TDI after my daughter wrote mine off in a fender bender on the 401 just after getting on it from the 400 (daughter not used to GTA congestion)....

The one I found was low mileage, and in great shape, but it had a $15K claim early on in it's life and then another one for $13K later on. I had the rear bumper off to get to the slam vents because they were leaking (fairly common on the mk7 I'm told... no signs of repair to me. All the unibody parts looked mint, and the seam sealer looks factory.

Despite having the poor carfax, I still had to pay a premium for that car. This was back in November 2021 if memory serves correct.

Old 06-01-2023, 01:12 PM
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Turbodan
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Guys, I have helped numerous Canadians with diminished value successfully and know of others. You just need an appraiser that has time and can do it. I have no time for this until September. Or you can lawyer up and sue small claims. Usually insurance will settle because they don't want record.
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Old 06-01-2023, 05:23 PM
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rideau
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Thanks Danny
PM sent
Ian
Old 06-02-2023, 10:51 AM
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Angryinch
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You can pull additional insurance for diminished value, but from what I’ve seen, it’s very expensive.

Old 06-02-2023, 11:29 PM
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CDNC
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Originally Posted by petee_c
CDNC,

are they able to repair it?

I bought a 2015 Golf TDI after my daughter wrote mine off in a fender bender on the 401 just after getting on it from the 400 (daughter not used to GTA congestion)....

The one I found was low mileage, and in great shape, but it had a $15K claim early on in it's life and then another one for $13K later on. I had the rear bumper off to get to the slam vents because they were leaking (fairly common on the mk7 I'm told... no signs of repair to me. All the unibody parts looked mint, and the seam sealer looks factory.

Despite having the poor carfax, I still had to pay a premium for that car. This was back in November 2021 if memory serves correct.
I’m not sure yet. We had to fly out to a graduation, so that’s next week’s problem!



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