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RRevak

Senior Member
What is the name of your state (only U.S. law)? FL

Hey guys, I'm in need of some of your wonderful advice....again :p

Not sure if any of you remember but a while ago I had a car, a Dodge Neon SRT-4, that was involved in an auto accident while being towed north. Accident was neither the fault of the driver towing the car or ours (we were following behind) and deemed 100% the fault of the woman who hit the driver towing my car. After the accident, the car sustained frame damage among other damages and ended up taking several months to fix. At the time, the car was worth $13,000 and it cost the insurance company just under $12,000 to repair. Actually, I think it might have been right at $12,100 to fix when everything was said and done.

So, fast forward to now as this was back in Jan of this year. I just went to a Carmax to have it appraised as a possible trade in for either another vehicle or just to sell in general and was informed that the car was only sellable for what they said was about $5,000 or less as the Carfax report showed the extent of the damage the vehicle sustained in the accident....the primary focus being the frame damage. I was then asked why the car was repaired rather than totaled as the amount was so close, to which I didnt have an answer to. Now i'm beginning to wonder. Because the insurance company chose to fix rather than total, i'm now unable to sell the car for what its worth as the frame damage will come up every time the report is pulled.

Someone suggested to me that I go after the insurance company for the loss of the worth of the vehicle as the blue book value of the car is now at $10,000 but both the places Ive taken it to wont give me more than about $5,000 (and they said that figure was being generous). Is it possible (or worth trying) to go after the insurance company for the loss of the value of the car as they basically ruined my chances of a worthwhile resale when they chose to repair rather than total? Or am I grasping at straws here? I'm pretty angry now as I had no idea this would mess things up so badly with this car. Btw, the insurance company never specified...even when asked...why they chose to repair my car when the amount came up so high. Please toss some advice, even if its just to tell me I dont have a snowballs chance ;)

Thanks guys!!
 
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ecmst12

Senior Member
I would expect you had to sign a release before receiving the payment to fix the car. Even if you didn't, diminished value claims are difficult to prove. But if you didn't sign a release, and it's still within the SOL, you can give it a try.
 

RRevak

Senior Member
I would expect you had to sign a release before receiving the payment to fix the car. Even if you didn't, diminished value claims are difficult to prove. But if you didn't sign a release, and it's still within the SOL, you can give it a try.
There wasnt ever any paperwork or any kind of releases signed, just what was signed when I arrived at the shop to bring the car home. There was never any explanation on their part as to why the decision to repair rather than total was made. Again, they simply told me after sending someone out to view the car "ok this is what we're going to do, the check will be there at X date and be sure to present it when you pick the car up". I was then sent a check and told a general idea as to when and where to pick up my car. I was just told how things were going to be done and that was that. This happened in Jan of this year and its now Nov so i'm fairly certain i'm within the SOL but i'll check later today to be sure. So would I have even been able to argue back then as I was given the impression that I had no choice but to go along with their decision or take my broken car home period end of story? And how would I even go about beginning to make a diminished value claim? Would I get an attorney or do this on my own?

And thanks for the response, I was hoping it was you that found this LOL
 

ecmst12

Senior Member
Your car shouldn't have been broken when you brought it home. If it WAS, you should have required them to fix it the rest of the way.

You get something in writing showing the difference in value caused by the accident, preferably from a professional appraiser, and send it with a demand letter to the insurance company.
 

RRevak

Senior Member
Your car shouldn't have been broken when you brought it home. If it WAS, you should have required them to fix it the rest of the way.

You get something in writing showing the difference in value caused by the accident, preferably from a professional appraiser, and send it with a demand letter to the insurance company.
No, the car was fixed (beautifully I might add which at the moment helped to nurse my wounds...little did I know LOL) so that isnt the issue. The issue is that BECAUSE they fixed it, I cannot now resell it as the Carfax shows just how much they did in terms of repair (they essentially rebuilt my car and the Carfax reflects that). It basically ruins the car in terms of resale value. So thanks so much for the response, i'm going to do just that. Would a Carmax appraisal work or should I use an independent appraiser? I have an appraisal from a Carmax as well as from another reputable dealership. I'll let you know how things turn out, again Thanks so much :D. Even if I work my rear off and they still tell me to pound sand, at least I can say I tried LOL
 

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