Doug Goss

My 2000TL was in a major accident a few months ago, over $10K in damage. Got the car back after about a month and the insurance company has sent a check for dimunition of value (I live in GA where it must be recoginzed). The problem is that they sent a check for $237 when the actual loss in value is about 10x that. Luckily I had the vehicle appraised a week before the accident and also the day after it came back from the body shop.

My question is, should I retain a lawyer to fight for the additional money or take it through small claims court (goes to $15K here). To me the case is fairly simple, with the insurance company already admitting dimunition of value by virtue of the check, and with my two estimates (from CarMax) should be a no brainer. Do ya'll think it is worth spending for legal counsel or going it myself with the small claims court?

Thx, Doug

abanner

Who is your Insurance carrier...what an insult . My 2003 Tl was rear ended with $9500 damage. Car had 5500 miles at the time. I got State Farm to pony up $3200 in loss of value. The adjuster sent an independent appraiser to document the value loss (must be documented....signs of new paint, ect)

KeithL

You have to negotiate with them and the best way to fight it is to get the car appraised by a real appraiser and have them tell you what the car lost and show that to your insurance company. The Carmax quote is useful, but not the same as a real aprraisal. Also John Oxindine's office (Ins. Comm. in GA) can provide more advice.

VOdoc

Sorry to hear of your crash-related woes. I'd say go for it in small claims court. BTW, it's diminution (not dimunition) of value. Not a lawyer, just a former spelling bee champ ;-)

TLJohn

Sorry to hear about your accident. You should try to work it out with the insurance company. If that fails, contact a local attorney for a consultation. Most will simply send a letter to the insurance company on your behalf and either do it for free or charge a nominal fee. (they figure you will remember them for future legal issues)
The insurance company then will usually pony up the couple of thousand rather than fight it.

If all of that fails, small claims court would be your only option. Actually retaining the lawyer will cost AT LEAST $500 (if you could find one to take it).

IF after paying $500-$1000 you lose, you will end up being out $3000 instead of $2000. If you win, I doubt they will pay your attorney fees.

Let us know how you make out.

fishacura

Not following. My Galant was just totaled which is why I am getting my TL in a couple of weeks. I got full book value plus taxes. Basically, enough for me to go out and purchase the same exact vehicle with no out-of-pocket expenses to me. I am pretty familiar with the process having just been through it. Why are they not giving you book value for your car?

TLJohn

I think they are repairing his car to like new condition. The issue is they are not giving him enough cash to make up for the fact that the car is now worth less since being in a major accident.

bmagic18

I also got into an acident recently with ~8000 in damage (Not my fault but the guy took off). My insurance company is paying for the damages but i was unaware that they were to pay for the loss in value. Am i missing something here????

-Dave