Dealership wrecked MY brand new car

#352
#352
9296potsguy said:
My insurance agent advised me today that it's time to hire an attorney.
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Get an attorney and screw them back as hard as allowable. Get damages anywhere you can find them. Lost sleep, your pets feeling mistreated, whatever. Them getting punched in the face is the kind of thing that might help them handle such a situation better next time.
 
#353
#353
9296potsguy said:
Got a call from their insurance agency. They said an appraiser will be there today and are cutting a check to me and washing their hands. They said that they have no diminished value coverage and demanded that we return the loaner car today.
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I feel sorry for the condition in which you're returning the loaner car. I mean, accidents happen, right?
 
#357
#357
9296potsguy said:
Got a call from their insurance agency. They said an appraiser will be there today and are cutting a check to me and washing their hands. They said that they have no diminished value coverage and demanded that we return the loaner car today.
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If your wife did not sign anything from the dealership then they have no leg to stand on. Its time to get a lawyer. The way this dealership is handling this is awful. Its dealers like this that give the rest of us a terrible name. Good luck 9296
 
#358
#358
Orangesmokey said:
If your wife did not sign anything from the dealership then they have no leg to stand on. Its time to get a lawyer. The way this dealership is handling this is awful. Its dealers like this that give the rest of us a terrible name. Good luck 9296
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Yeah, I'm wondering if her not signing any disclaimers has an effect on their insurance wanting to cover this under their garagekeepers liability. Fascinating point.
 
#359
#359
I posted earlier in this thread that I am an attorney but don't handle cases like this. I do have PI attorneys in my office, and I was told that the law in TN has changed regarding diminution of value. You get either money for the repairs or you get diminution of value. It's not something where you now get both.

You should seek advice from local counsel, but that's what was explained to me.
 
#360
#360
VolGee4 said:
I posted earlier in this thread that I am an attorney but don't handle cases like this. I do have PI attorneys in my office, and I was told that the law in TN has changed regarding diminution of value. You get either money for the repairs or you get diminution of value. It's not something where you now get both.

You should seek advice from local counsel, but that's what was explained to me.
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Which is basically the reason I said get a lawyer first. You have to protect your assets and rights and know the law.
 
#362
#362
VolGee4 said:
I posted earlier in this thread that I am an attorney but don't handle cases like this. I do have PI attorneys in my office, and I was told that the law in TN has changed regarding diminution of value. You get either money for the repairs or you get diminution of value. It's not something where you now get both.

You should seek advice from local counsel, but that's what was explained to me.
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I believe dv claim for a car could be obtained with a simple carmax written offer and compare with nada and kbb trade in value. The law seems to be TN Tire Shredders (unless something new is out there) and a DV claim is valid in a case where repair cannot make the item worth the same amount as before the damage. Give me a classic car or something of the ilk and I can't see the claim not being valid.

Like I said earlier in the thread, the insurance company will screw you unless you have an attorney. Your attorney should ask the insurance company "how much money are you going to pay your attorney to argue DV? Just give it up." Hoping they do the right thing is an exercise in futility.
 
#364
#364
9296potsguy said:
Yeah, I'm wondering if her not signing any disclaimers has an effect on their insurance wanting to cover this under their garagekeepers liability. Fascinating point.
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I am sure it effects them some how. I am just blown away at the way they are handling this. The dealership I work for makes sure that every customer that brings their car in signs something before leaving the car with us. That being said it doesn't clear us in the event of an accident. If we are driving the car then we are responsible. Also sometimes when the damage is a small amount our service manager will make the tech pay for it out of pocket.
 
#365
#365
There's no doubt the dealership really bungled this, but my original quesrion still remains: how worth it is it to pay an attorney $200-300 an hour to recover DV? I have no clue what the DV calculation is, but it's hard to believe it'd be thousands of dollars based on body damage.
 
#366
#366
GAVol said:
There's no doubt the dealership really bungled this, but my original quesrion still remains: how worth it is it to pay an attorney $200-300 an hour to recover DV? I have no clue what the DV calculation is, but it's hard to believe it'd be thousands of dollars based on body damage.
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Depends...if considered egregious enough could the OP's ordeal be considered worthy of punitive damages and recovery of costs?
 
#367
#367
GAVol said:
There's no doubt the dealership really bungled this, but my original quesrion still remains: how worth it is it to pay an attorney $200-300 an hour to recover DV? I have no clue what the DV calculation is, but it's hard to believe it'd be thousands of dollars based on body damage.
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It's a brand new luxury vehicle. It'll definitely be thousands.
 
#368
#368
hndog609 said:
Depends...if considered egregious enough could the OP's ordeal be considered worthy of punitive damages and recovery of costs?
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If I were on the jury, I would say no. It is an unfortunate accident that happened, but to be entitled to punitive damages for a physical item that got damaged is not worth extra money.
 
#369
#369
If you plan on having this brand new luxury vehicle for many years, as brand new luxury vehicles tend to be owned, is the difference in worth of the vehicle going to be all that much different in the resale market 6-8 years down the road if they fix it properly?
 
#370
#370
volwindy said:
If I were on the jury, I would say no. It is an unfortunate accident that happened, but to be entitled to punitive damages for a physical item that got damaged is not worth extra money.
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I was wondering if we might be getting into "bad faith" territory or not.
 
#372
#372
crusse10 said:
If you plan on having this brand new luxury vehicle for many years, as brand new luxury vehicles tend to be owned, is the difference in worth of the vehicle going to be all that much different in the resale market 6-8 years down the road if they fix it properly?
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So it should be based on potential instead of actual at the time of the incident?

We sold our Q7 before it was 3 years old to buy this one. May sell this one directly and get a different one.
 
#374
#374
9296potsguy said:
So it should be based on potential instead of actual at the time of the incident?

We sold our Q7 before it was 3 years old to buy this one. May sell this one directly and get a different one.
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Considering every next month after the accident, the two numbers (value of the car from pure depreciation and value of the car from depreciation and body fix) get closer and closer together, I think part of it is potential. 3 years from now, the difference is not going to be as much as it is now. 3 more years, it's even closer together.

Are you losing out on all this money right now? No.
 
#375
#375
crusse10 said:
Considering every next month after the accident, the two numbers (value of the car from pure depreciation and value of the car from depreciation and body fix) get closer and closer together, I think part of it is potential. 3 years from now, the difference is not going to be as much as it is now. 3 more years, it's even closer together.

Are you losing out on all this money right now? No.
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I'm paying a note on a car I'm not driving. The reality is that my car will always be worth less than it would if it weren't wrecked. If I sell the car next month, yes it's a very big deal.
 
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