Auto Accident

[rweltz]

What is the name of your state? FL. Does anyone know if you are allowed to claim diminished value in FL? The at fault party wants to settle, but their offer is $500 less than the lowest estimate that I had. Now they said they could consider DM to get the total cost of repair. Thanks, R

 

[ecmst12]

Why does the at fault party think they don't have to pay the full cost of repairs? Is the repair cost greater then the value of your car? If so, it doesn't have much value to be diminished anyway. Other then that, the at fault party is liable for 100% of the cost to repair your vehicle, you don't have to accept anything less. If they don't agree, take them to small claims court and they will have to pay even more.

 

[rweltz]

Thanks, This whole thing has gotten crazy. They are within a $300.00 difference, and the adjuster is supposedly working with me. The car, was a company car, that was sold to the sister, and the son was driving, but never registered in the sisters name. So the bussiness is upset, and they are willing to work out a settlement also. I just need to know that if I do go to court that I will be able to get Diministed value. The dealer already told me that the damage even repaired will hurt me by about 1500.00. Thanks, R

 

[ecmst12]

My 7 second Google search failed to tell me whether Florida recognizes diminished value claims. Perhaps someone else will have better luck.

 

[justalayman]

according to this article which speaks of a Florida State Supreme Court decision, diminished value is not compensable. I disagree with the lack of acceptance of dv but not much i can do about it.

The courts held that a properly repaired car does not ecperience dv, which is a crock of hooey.

You tell somebody the car has been in an accident and watch that price offer drop like a rock. The only problem I see with it is quantifying it since it is a largely psychological and subjective opinion rather than a hard number.

http://findarticles.com/p/articles/mi_hb4405/is_200207/ai_n15319967

 

[moburkes]

Good answers all.