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Experienced advice needed on diminished value

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superflanker

Junior Member
Accident occured in NC, where the vehicle is registered.

A 1 year old brand new 07 BMW 50k was involved in an accident with a commercial vehicle on August 2008. The driver of the commercial vehicle admitted 100% responsibility. The victim was able to succesfully request money for repairs from the negligent driver's insurance company. Now the victim is attempting to collect diminished value. A physical appraisal by __ yielded an estimate of about $6300. The insurance hired their own appraiser, who only seems to work for insurance companies, arrived at an estimate of about $2200 without physically inspecting the vehicle. The insurance agent basically did an arithmetic average as a compromise. After attempting to negotiate to $5000, the victim was only able to get a token increase of about $200 dollars. Should the victim proceed to turn this into a legal matter?


Are the proceeds of diminshed values reported as income? It would appear that since this cash is compensation for a real loss, the answer should be no.
 
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superflanker

Junior Member
How much did it cost to repair the car?
Excellent question, I forgot to mention that the total costs of parts and labor amounted to nearly $14,000 dollars. Work was needed to replace and paint the front bumper, oil-coolers, body panels under the vehicle, hoses, and both turbochargers.
 

tammy8

Senior Member
Oh geeze, I hate diminished value claims. If your car has been fixed you are at the same place you were before the accident.
 

superflanker

Junior Member
I guess Tammy does not mind buying used cars with a damage history. CarFax exists for no reason... I got bridges and ponzi schemes to sell if that is the case. And yes the car was professionally appraised by nationally recognized appraisal organization. Now, is anyone willing to answer the questions :)
 

ucf3

Junior Member
reply

I don't think you can fix that at all. Even if you have minor bumper-cover damage, the shop will repaint it, but the paint won't match the factory tint or fade. You're stuck with a dual-color automobile

I had my car appraised by a professional. My car's value went down by almost $3k for a $6300 claim, and of course the Insurance company wants to negotiate with what they think vs what a trained pro thinks.

Problem is your car will never be the same, especially from a DPR-bodyshop. They're will always be a problem that you won't like.

Is there a way to convince an insurance company to claim it as a total loss, or can we ask the Insurance company to sell it at the value they believe the car is, and you can take the cash?

I believe you have to claim it as income even if it you're money, but I am not an Attorney.
 
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Zigner

Senior Member, Non-Attorney
Your one liners are getting old. Don't post if you aren't going to offer advice. I looked at your profile, you got a history of this man.
And the really funny thing is that you are alienating one of the people who really can help in this situation.
 

superflanker

Junior Member
And the really funny thing is that you are alienating one of the people who really can help in this situation.
Sure zigner, you got a history too:
View Conversation 11-25-2008 02:56 PM - permalinkTreebeard
you can f-off
View Conversation 11-24-2008 02:52 PM - permalinksoulfulms
hi senior member zigner...am i doing something wrong? how can i get some advice?
View Conversation 11-14-2008 01:17 PM - permalinkaquarius29
Zigner.... Y even waste your time posting ignorant information? No, I didnt ask to be told what I wanted to hear...ONLY WHATS RIGHT AND WHAT MAKES SENSE..Something I have yet to get from YOU!!
 

Zigner

Senior Member, Non-Attorney
Sure zigner, you got a history too:
View Conversation 11-25-2008 02:56 PM - permalinkTreebeard
you can f-off
View Conversation 11-24-2008 02:52 PM - permalinksoulfulms
hi senior member zigner...am i doing something wrong? how can i get some advice?
View Conversation 11-14-2008 01:17 PM - permalinkaquarius29
Zigner.... Y even waste your time posting ignorant information? No, I didnt ask to be told what I wanted to hear...ONLY WHATS RIGHT AND WHAT MAKES SENSE..Something I have yet to get from YOU!!
Nice, you've learned to use the cut/paste functionality of your computer.
 

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