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Diminished Value legal advice

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Old Dec 22, 2014 | 09:47 AM
  #16  
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I can't read all of the replies because there is too much wrong info and it's driving me crazy.

You don't own the car - the insurance company does. You have no diminished value claim.

You could try to ask for car payment reimbursement, but I doubt you'll have any luck. They'll cover your rental, but that's it. Yes, it sucks.

Just be happy that you were not hurt.
 
Old Dec 22, 2014 | 10:01 AM
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I also don't understand the diminished value discussion for a leased car. This is one of the advantages of a lease. Unless you think Porsche is going to charge you for a poor repair, you can finish the lease, turn the car in and walk away. No loss of value to you.

To the OP, it's a bummer to have go through all of this, and it is worth trying to get the rental paid for. I would do as others suggest and think about driving this car until you end the lease and then think about your next car.
 

Last edited by wch bos; Dec 22, 2014 at 11:23 AM.
Old Dec 22, 2014 | 01:57 PM
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Originally Posted by beemer guy

You don't own the car - the insurance company does. You have no diminished value claim.

.


Did you mean leasing company? It's not a total loss so the insurance co does not own the car as far as I can see........
 
Old Dec 22, 2014 | 03:40 PM
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The only positive is like everyone said, I'm going to enjoy the car to the last ounce until the end of the lease. If I can't get diminished value on a lease, I may try to ask for the loss of use. Basically, try to get the value of the payments if the repair takes a long time.
 
Old Dec 22, 2014 | 04:37 PM
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Originally Posted by Michael_s
1) Sorry about your accident
2) Glad everyone is okay
3) Have car fixed ASAP. 3 months is crazy
4) Get paid for your rental
5) Drive the snot out of the car when returned to glory
6) Make remaining payments
7) Turn car in at lease expiration

I can't see how you can get diminished value on a car you don't own.
Thank you for this statement, it sure had me stumped regarding the direction of this thread. To me the question should be what will happened when you turn in the car with the door ding from hell with a bad car fax.
 
Old Dec 23, 2014 | 05:12 AM
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Originally Posted by Michael_s


Did you mean leasing company? It's not a total loss so the insurance co does not own the car as far as I can see........
OMG, big stupid typo on my part! Yes, I meant the leasing company. Thanks.
 
Old Dec 23, 2014 | 09:19 AM
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I had a friend have trouble returnimg a lease after an accident.
She had to take the car back to the shop to redo repairs.
After repairs, get your car inspected by a lease return inspection company to assure you wont have any add hassles later.

I dont see you having a valid diminished value claim.

You do need to pursue an equivalent rental car or ask for lease payments to be covered.
Also, insist on quality repairs, that will pass a lease return inspection.
Leasing helps clarify what these values are so it should be an easy case to make.
However, using a real slow shop makes it unfair for them to cover extended rental/lease-payment costs.
Just make sure the shop has valid reasons for taking that long.
 
Old Dec 23, 2014 | 10:46 AM
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Originally Posted by beemer guy
OMG, big stupid typo on my part! Yes, I meant the leasing company. Thanks.
Thought so.... and I'm with you. Don't own car = no diminished value.
 
Old Dec 23, 2014 | 09:21 PM
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Originally Posted by shaytun
Thanks. So did you actually get the rental car or just used the quote?
Still haven't got around to getting the car repaired so haven't done the rental car yet (been traveling a lot for work). I more used the rental car quote as a proxy for the 'loss of use' valuation as that is what it'd cost them to put me in an equivalent vehicle during the estimated duration of the repairs (again - they have to make you whole, so this lost use is a real cost to both them and me). In the end I feel it's best to settle the claim independently of getting the car repaired. Simply add up your total claim - repair quote from reputable Porsche dealer + equivalent rental car for entire time estimated to get repairs done + diminished value - and fight in good faith for this amount tooth and nail.

I'd say that even in a leased vehicle you have a claim for diminished value as your upfront lease negotiations included negotiating for a lower back end purchase price for the vehicle (even if implicitly). You have essentially paid more in your initial deposit and lease payments for a lower back end purchase price...which is now a non-option as the vehicle has a repair history and it's value therefore is less as it'll never qualify as a CPO vehicle or the like (which you negotiated the lease-end purchase price of a CPO-condition 911 that you put all the miles on). So this lost 'option' is a real financial loss to you and, I'd argue, is best approximated by the diminished value of the vehicle (as estimated by a qualified expert). Now if you want to buy a like-condition undamaged 911 at lease-end you're going to have to pay dealer markup all over again for a CPO model whose previous 20k miles or so you weren't in charge of. In addition, you're ability to transfer the remainder of the lease to another person has been significantly curtailed as well and this is a true financial cost to you as you are now hamstrung to that car for the remainder or can only transfer it at a significantly greater loss, and this is due solely to the accident for which you were not at fault.

Also - if repairs are to take 2-3 months, I'd get a short-term lease quote from a local Porsche dealer for a CPO Porsche 911 (as similar as possible in year, mileage & options). The total of this quote (deposit, lease payments & taxes/etc) would be an excellent proxy for the loss of use aspect of your claim.

Hope all works out for the best.
 

Last edited by joshddt; Dec 23, 2014 at 09:27 PM.
Old Dec 27, 2014 | 06:56 AM
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I had an accident and diminished value claim last year. It was a purchased, not leased car so doesn't really apply but I will share my experience anyway. The other drivers insurance company (nationwide) covered everything and I was impressed. They posted pictures online at every step of the way. There was $10,000 damage to the rear of the car, all superficial. It took 2 months because all parts were from Germany. A clip from the air box was damaged but Porsche only sold the entire airbox not just the clip- that took a couple weeks to sort out. Most of the wait was parts from Germany. We have several extra cars, all nicer then the rentals so I passed on that (which they appreciated). The insurance company hired an independent appraiser for diminished value and wrote me a check for $8,000. The Porsche dealer agreed so I took it. I may have been able to get more with lawyers, separate appraisers, etc but it wasn't worth it to me and I felt I was treated fairly. The repair was done perfectly, better than new. When I traded it in a couple weeks ago, the car fax showed minor bumper damage so I got near full trade value. To be able to be CPO'd, I was told it had to have 2 or less body panels damage. Porsche Certified repair is important.

I'm sure it will work out for you and be as good as new soon. Good luck!
 
Old Dec 27, 2014 | 10:00 AM
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I'd like to put this thread to rest so I did a little research and came up with a recent NY case which has easily understood language it is below. Bear in mind that leasing is a form of ownership. The lease agreement spells out rights and responsibilities of the lessor and lessee. That said, here is what I hope to be quintessential word on this subject:

1. The measure of damages for injury to property resulting from negligence is the difference in the market value immediately before and immediately after the accident, or the reasonable cost of repairs necessary to restore it to its former condition, whichever is the lesser.

2. Where the repairs do not restore the property to its condition before the accident, the difference in market value immediately before the accident and after the repairs have been made may be added to the cost of repairs

Moreover, where is no dispute that the repairs fully restored the vehicle to its condition before the accident, and the only basis of the claim made by the owner is for the difference in value immediately before and immediately after the accident is not that his automobile could not be fully repaired, but, rather, that after repair the resale value would be diminished because the car had been in an accident, the diminution in resale value is not to be taken into account.


See, Parkoff v. Stavsky 109 A.D.3d 646, 648, 970 N.Y.S.2d 817, 819 (N.Y.A.D. 2 Dept.,2013)
 
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