AGAIN....What Is The Damage

1,484 Views | 14 Replies | Last: 9 days ago by howdyags12!
TxAG-010
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Well....for the second time in 2 months I'm dealing with an incompetent Midland driver. They may be the worst in the state! At least this time they (OFS company) have insurance!!!

What's the damage? Has anyone pursued a diminished value claim before? I'm considering it since the truck is 2 months old and has 10K miles on it.



AgGrad99
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Dang. Sorry man. That sucks.

We had 6 wrecks and totaled 4 cars in the span of 2 years, not long ago. Most of them were not our fault. I feel your pain.
TxAG-010
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I've been in more wrecks in the past 3 months, than I have my entire life. None of them my fault.
Furlock Bones
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absolutely pursue diminished value since you are not at fault.

sucks dude.
Ag for Life
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I'll guess 18K.

Sorry man, that sucks
Milwaukees Best Light
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11k.
dodger02
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In a place like Midland, there are auto appraisers aplenty. Maybe find a body shop or stop by the dealership and ask them if they know of anyone. I had a body shop owner give me the name of three or four that they work with.

Pay the guy/gal a few hundred bucks to appraise the vehicle after the damage is repaired. Just give them all the repair paperwork and they'll run a bunch of comps and give you a report estimating the diminished value.

Just before closing the case with the insurance company, tell them you also want to file a diminished value claim. They'll tell you they've either never heard of "diminished value" or that their company's policy is to not make that available. Politely tell them they are FOS and ask to speak with a manager. Someone will get in touch with you a couple of days later and make you an offer. Negotiate as you desire.

This happened to me 6-7 years ago and that was my experience. The insurance company was State Farm and I ultimately got my vehicle repaired really well and got an extra $5k (ish) in DV. But I had to know my rights and be firm.
TxAG-010
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I've read a lot about it last night, should I let me insurance fight that battle with their insurance? Or use one of the many DV lawyers handle it? Everything that I have seen including some threads on here have said pursuing alone isn't really effective.
TxAG-010
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Great info. Thank you!

dodger02
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A lawyer will take their 30% on whatever you are awarded. I asked one when I went through my ordeal. He advised me to manage it myself unless I just wanted to give him $2k just for the hell of it.
howdyags12!
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After an idiot rear ended me a few years ago at a stop light causing about $5k of damage, I settled for $1,500 in diminished value. I believe that was the initial offer and I just agreed. It was a painless process, however, I had to initiate the conversation.
TexAg2001
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My son was rear ended a few years ago, causing about $8k in damage to a vehicle we paid $20k for 2 months prior the accident. I worked with their insurance on the repairs. I had to bring up Diminished Value, but they immediately transferred me to that department and processed it. I assume they would not have mentioned it if I didn't bring it up.

I found a calculator or 2 online that said it should be around $2k in DV. Their offer was $3k for DV, so I took it without questioning the amount.
TxAG-010
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Update: The person that hit me claimed it was my fault etc.

Poor choice….the new Toyotas have a built in dash camera, I have the entire incident on video showing them at fault!
Ag for Life
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Shocking. People absolutely SUCK these days! Finding anyone who is honest and not a complete piece of **** is very rare
howdyags12!
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TxAG-010 said:

Update: The person that hit me claimed it was my fault etc.

Poor choice….the new Toyotas have a built in dash camera, I have the entire incident on video showing them at fault!

I understand b/c the idiot that rear ended me said that he didn't cause any damage to my vehicle and any damage must've already been there.. lol. So I had to call the police to get a report. So yeah, there's a lot of idiots out there wrecking into people.
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