Someone hit my 2014 car, and I plan on getting rid of it. Questions about DV

They have Encompass. Based off my interactions o far it's not looking like it is going to be an easy affair.

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This is not legal advice

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I would never take it as such, but thanks for the info.

I saw in several older threads regarding the subject that you work in the industry, or did. Any thoughts how much I might be looking at on a car that retails around $30k and was sin excellent condition before said crash?

Maybe that 2L kid could come shed some light as well

Does knowing how much less someone would give me for it now factor in if I'm getting rid of it now? I feel like that should be pretty easily provable, but I'm a complete noob in this regard.

Let's keep the OT shite to the OT, shall we?

You'd do better just claiming some sort of muscle spasms and soreness, going to the doctor, getting a prescription for muscle relaxers, and having one or two follow ups. Then follow that up with a phone call to a lawyer. You'll probably be offered $7,000-$15,000 which will more than cover the diminished value of your vehicle.

Or you could try to actually file a DV claim and end up with $1,500 if you're lucky.

Wonder why insurance rates are so high? You damn near HAVE to get a lawyer anytime you're in an accident just to be truly indemnified.

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Might be tough since I wasn't in my car.

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Well yea, you have yourself a nice little dilemma here. I would suggest trying for a DV claim but you're not going to be happy with that process or the results.

Appraiser is coming around lunch to assess, then it's getting towed to the shop to get fixed.

As for my expectations, I just want to get whatever I would have gotten for it if I had decided to sell it today and their client hadn't smashed it. So say I would have gotten $28k for it before the wreck, and after the repair I can only get $25k. I would expect that difference to be covered. I have a feeling that might be expecting too much and that I'm going to end up losing money due to this person hitting me.

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How much of a battle am I in for to make sure their insurance company makes me whole to where this doesn't cost me anymore than it would have pre-their client hitting my car?

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I don't believe you are legally entitled to this. they just have to fix your car.

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The Louisiana Court of Appeals has held that “the insurer’s obligation is satisfied once payment is made for the full and adequate physical repair of a damaged vehicle…” Campbell v. Markel American Ins. Co., 822 So.2d 17 (La. App. 2001).

Another Court of Appeals case required proof of diminution: “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 in 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).

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As of 2010, L.S.A. § 2800.17 governs third-party liability for the diminution in the value of a damaged vehicle and provides: Whenever a motor vehicle is damaged through the negligence of a third-party without being destroyed, and if the owner can prove by a preponderance of the evidence that, if the vehicle were repaired to its pre-loss condition, its fair market value would be less than its value before it was damaged, the owner of the damaged vehicle shall be entitled to recover as additional damages an amount equal to the diminution in the value of the vehicle. Notwithstanding, the total damages recovered by the owner shall not exceed the fair market value of the vehicle prior to when it was damaged, and the amount paid for the diminution of value shall be considered in determining whether a vehicle is a total loss pursuant to R.S. 32:702. L.S.A. § 2800.17; see also, Orillac v. Solomon, 765 So.2d 1185 (La. 2000).

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To me it appears that legally they are required to so long as i can prove it. Since I plan on proving how much less my car is worth now sine I'll be getting rid of it now and not some random time in the future, I would think this shouldn't be too terribly hard to prove that I'm owed something.