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Posted on 10/28/14 at 9:04 am to Motorboat
It is a small claims issue, not that hard of a step. This is why you use an independent adjuster like I linked. I'm not trying to screw them but I'm not letting them low ball me either. That means showing you are prepared to file the case. In my case, this is worth over a grand so it is worth it. Your mileage may vary by the state you are in. In GA, for example, diminished value is automatically part of any claim. Here in AL you have to ask for it. Knowing how to ask is key.
This post was edited on 10/28/14 at 9:06 am
Posted on 10/28/14 at 9:52 am to Five0
I know how it works bro.
Posted on 10/28/14 at 9:58 am to Motorboat
Then you would know that if there is a dispute that one party does not get to determine what the diminished value is because "they hold the money".
From the restatement of torts § 928:
“Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for: (a) the difference between the value of the chattel before the harm and the value after the harm, or at the plaintiff’s election, the reasonable cost of repairs or restoration where feasible, with due allowance for any difference between the original value and the value after repairs.”
From the restatement of torts § 928:
“Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for: (a) the difference between the value of the chattel before the harm and the value after the harm, or at the plaintiff’s election, the reasonable cost of repairs or restoration where feasible, with due allowance for any difference between the original value and the value after repairs.”
This post was edited on 10/28/14 at 9:59 am
Posted on 10/28/14 at 11:11 am to Five0
God you are dense. It is a subjective number. Ultimately, it is up to agreement of the parties or a judge if they cannot agree. So the top number Allstate gives is the decision they have unilaterally made to pay on it. If OP wants more, he must take them to court and put on evidence.
Are you a freaking 1L?
Are you a freaking 1L?
Posted on 10/28/14 at 12:07 pm to Motorboat
No. I am also someone that does not resort to name calling. Good day.
Posted on 10/28/14 at 2:19 pm to Five0
Good day, officer.
Posted on 12/3/14 at 8:12 pm to Motorboat
quote:
Are you a freaking 1L?
No. I am a 2L that just got a settlement from State Farm today.
Posted on 12/3/14 at 9:05 pm to Five0
quote:
From the restatement of torts § 928:
“Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for: (a) the difference between the value of the chattel before the harm and the value after the harm, or at the plaintiff’s election, the reasonable cost of repairs or restoration where feasible, with due allowance for any difference between the original value and the value after repairs.”
quote:
Are you a freaking 1L?
quote:
No. I am a 2L
that's good stuff
Posted on 12/3/14 at 10:11 pm to Motorboat
quote:
Good day, officer.
Posted on 12/4/14 at 7:55 am to Motorboat
Anyone have a suggestion for an appraiser in lower Alabama? Is the DVAssess looked at as being credible by adjusters?
Posted on 12/4/14 at 8:42 am to fatboydave
DV worked for me. I found several in AL by doing a simple Google search. Search diminished value adjuster near (insert largest city near you). If you don't mind, what is the year, mileage, and amount of repairs completed on your vehicle?
Posted on 12/4/14 at 8:55 am to Five0
Grandmother got rear-ended and pushed into car stopped in front. 2013 Traverse with about 7500 miles. Repairs were over $9,000. She asked about DV and was offered $1,000. Dont know if that is fair. She hasn't been to an appraiser yet.
Posted on 12/4/14 at 2:07 pm to fatboydave
You could use DV, but for that type of claim I would have someone physically look at the vehicle. Make sure they show how the diminished value is calculated. Add the cost of the report into your claim. Make copies of everything and send it to the at fault driver's insurance company with a demand letter.
I'll add more to this tonight.
I'll add more to this tonight.
Posted on 12/4/14 at 10:08 pm to Five0
Thanks
Posted on 12/4/14 at 10:22 pm to fatboydave
You were not at fault correct? If not which insurance company covers the at fault party?
Posted on 12/4/14 at 11:27 pm to Five0
Not at fault. Alfa.
Posted on 12/5/14 at 7:14 am to fatboydave
Perfect. Have you gotten a hard copy of the police report? Start a folder of all documentation and add to this folder as you step through the process. I also suggest you start a folder on your computer with scanned copies of everything as well. You will see why later.
Posted on 12/5/14 at 7:23 am to Five0
quote:
Five0
Look at this guy playing lawyer already. So how much did you get in DV? I want step by step negotiating. Where did you start and where did they end?
also, what state are you in, because it matters?
Posted on 12/5/14 at 7:35 am to fatboydave
quote:
Grandmother got rear-ended and pushed into car stopped in front. 2013 Traverse with about 7500 miles. Repairs were over $9,000. She asked about DV and was offered $1,000. Dont know if that is fair. She hasn't been to an appraiser yet.
Yes you do. You are a consumer.
If you were offered a vehicle that has been in an accident with $9k damage and fully repaired with OEM parts, is $1000 cheaper vs a comparable non-accident vehicle "fair"? What would carmax or carfax say (majority of consumers reference)?
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