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Started By
Message
re: Diminished Value Claim
Posted on 12/5/14 at 8:01 am to Motorboat
Posted on 12/5/14 at 8:01 am to Motorboat
No shite it matters. That is why earlier I quoted LA law. This gentlemen is in AL, just like me. But tell him again how the insurance company decides his damages.
Still makes me
quote:
quote:
They will try to act like they are the ones that decide the finished value. THEY ARE NOT.
Um yeah--they sort of are at this point since they hold the money.
Still makes me
This post was edited on 12/5/14 at 8:02 am
Posted on 12/5/14 at 1:52 pm to Shaun176
I got 25% of total damage from State Farm. They offered 7.5%. Told them I was just going to have to get attorney. Manager called back gave me $5k instead the $1500 they originally offered. Good luck.
Posted on 12/5/14 at 2:23 pm to Motorboat
I do a lot of this stuff on a daily basis and this thread and the back and forth between you two has made me smile.
Great example of theoretical vs. real-life.
Great example of theoretical vs. real-life.
Posted on 12/5/14 at 2:26 pm to Slybayou
You have to be able to show why you are justified in getting what you ask for. That is why any report should include how their finding is calculated. When you can show you are willing and able to present a valid case they will settle. Especially true in states like AL. Here not everyone even claims diminished value. They give up when pushed back, or they organize their claim prepare their case. The last one usually gets a settlement our wins. They file their claim because the insurance company missed deadlines. The insurance companies are winning here in AL. Especially in cases with no personal injury. People get their vehicle fixed and move on.
This post was edited on 12/5/14 at 2:32 pm
Posted on 12/6/14 at 10:27 am to LSUtigerME
quote:
What would carmax or carfax say (majority of consumers reference)?
Don't know the answer to that. That is why she can't determine if it is fair. She is not selling the car right now and does not know the affect of the accident in the future when she does try to sell it.
Boosie- you have a magic book to look into to determine what a DV claim is worth?
Posted on 12/6/14 at 10:34 am to fatboydave
Given the amount of damage money wise, does the police report say major damage on it? Carfax will specifically look at that for the vehicle history.
Posted on 12/6/14 at 12:11 pm to Five0
y'all the first ones to bitch when its time to renew and your premium increases..you got a dent in your door and quarter panel, take it to a body shop and fix it..
Posted on 12/8/14 at 12:10 am to Shaun176
Are you hurt? You will get screwed on the property damage claim if you don't make your money on the personal injury claim.
Posted on 12/8/14 at 7:46 am to Five0
quote:
No shite it matters. That is why earlier I quoted LA law.
Boy you are really a dumbfrick. You are a 2L giving legal advice in a state different from your own. My point is that LA has no set formula. You will learn how the real world works one day.
quote:
But tell him again how the insurance company decides his damages.
Have you ever negotiated with an insurance company or anyone for that matter? It comes down to what what one is willing to give and what the other is willing to accept. So in essence, the insurance company decides what they are willing to pay. If you don't like it, you can take them to court and the judge will decide. Otherwise, the insurance company is not letting go of the money they hold. Again, there is no formula for DV in LA. It is a subjective number.
You are one dense little shite. In another year when you fail the bar, you are going to learn how the real world works at your adjuster job.
Posted on 12/8/14 at 7:48 am to boosiebadazz
quote:
I do a lot of this stuff on a daily basis and this thread and the back and forth between you two has made me smile.
Great example of theoretical vs. real-life.
Yep, deal with it almost daily. Five-O studies it and passes on his idiocy to the world via TD.
Posted on 12/8/14 at 2:29 pm to Motorboat
State Farm claims rep got mad at me too.
Posted on 12/8/14 at 5:21 pm to Five0
He/she probably got tired of your ignorance and paid you to leave him/her alone. I'm for doing this for the sake of this board.
Posted on 12/8/14 at 5:54 pm to Motorboat
quote:
My point is that LA has no set formula. You will learn how the real world works one day.
quote:
If you don't like it, you can take them to court and the judge will decide.
From my second post:
“diminution in value of a vehicle involved in an accident is an element of recoverable damages if sufficiently established… where the measure of damages is the cost of repair, additional damages for depreciation may be recovered for the diminution of value due to the vehicle’s involvement in an accident.”
Defraites v. State Farm Mut. Auto. Ins. Co., 864 So.2d 254 (La. App. 2004).
The bolded is why you get an independent report. Is there a set calculation? Not in LA or AL, but an independent report is better than saying I want x dollars because.
quote:
He/she probably got tired of your ignorance and paid you to leave him/her alone.
Guess that is why the check was for roughly 60% more than their “absolute top dollar settlement”. I must have done something really wrong.
This post was edited on 12/8/14 at 5:55 pm
Posted on 12/8/14 at 6:13 pm to Five0
Kudos. You did a great job. Be sure to put it on your resume.
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