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Questions About Auto Insurance & Accidents

4410 messages,  Last post on Nov 29, 2009 at 5:58 AM

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#3173 of 4410
Re: Insurance Companies Must Pay Diminished Value [dvexpert] by cccompson
Aug 25, 2007 (7:40 pm)
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Replying to: dvexpert (Aug 25, 2007 5:07 pm)

The "...big deal in the case..." was that Nationwide declined to pay the DV claim and prevailed at the trial court level. The appellate court went the other way (and, I believe, said it was a case of first impression).
 
Just why Nationwide took this stance (you said "all" insurance companies pay such claims in Ohio) is unknown.
#3174 of 4410
But... by robr2
Aug 27, 2007 (9:24 am)
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...isn't DV really only applicable when the car is sold at some point in the future??
 
You may suffer a loss today of X dollars but should the insurance company have to pay that amount if you don't sell the car immediately? After all, is the DV going to be the same in 10 years when you finally trade in that 200K vehicle?
 
Devil's Advocate Here.
#3175 of 4410
Re: But... [robr2] by dvexpert
Aug 27, 2007 (10:10 am)
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Replying to: robr2 (Aug 27, 2007 9:24 am)

Insurance companies would like you to believe that you have to wait until you sell your car to collect diminished value because it allows them to stall claims payouts and hold on to your money. DV is an element of damage caused in the same occurrance as when the fender got smashed. Generally speaking, if an insurance company accepts liability for an accident, it owes for all the losses (those not specifically excluded in the list of exclusions that accompany the policy), not just the losses it wants to pay.
 
In my example above a vehicle owner has an asset worth $30K in its preloss condition. A loss occurs and the value immediately depreciates by at least $10K with $10K in damage. The asset is now worth $20K. Repairs are begun and $10K is spent on reconstruction. But is the car again worth $30K now that its repaired and has a damage history? Probably not. Is it worth $29K? $28K? Probably not. Most people would rather buy an undamaged car than take the risk of buying the repaired one for only a $2K savings. Would $5K in savings turn the head of a buyer? What would it take to make someone want a repaired car over one that had never been damaged? When you find that number (a number that represents what a consumer will pay in an armslength transaction with full disclosure) you will know the amount of DV you are owed.
 
If you have proof that your asset has lessened in value, and an insurance policy that promises to pay you for your losses, why wouldn't you want to collect for the diminished value just as you did for the damage to the fender? Both are losses caused in the same occurrance and covered by the same insurance policy. What logic has you convinced that you can be paid for one now, but you have to wait to collect the other?
 
The average diminished value loss is staggering. Why would you want to wait to collect what you are rightfully owed immediately after the accident?
 
David Williams
Safe Collision Repairs
#3176 of 4410
Plus, collecting on your by marsha7
Aug 27, 2007 (5:34 pm)
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DV now means that the insurance can close the file on the claim...insurances hate nothing more than keeping a file open indefinitely for something as simple as DV...what if you do not sell the vehicle for 7 years, that is a long time to keep a file open, now multiple that by 1000s of vehicles, and the recordkeeping would be a nightmare...
 
Also, the DV 10 years down the road may not matter, but it would when the car is newer...if you bought a ten year old vehicle, even knowing it was wrecked 9 years ago, would hardly change the vaue of the car at year 10, as it has already lost much of its value...so recovering DV at year 10 might just be silly...
 
Did I miss the point???
#3177 of 4410
Re: Plus, collecting on your [marsha7] by dvexpert
Aug 28, 2007 (5:24 pm)
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Replying to: marsha7 (Aug 27, 2007 5:34 pm)

You missed the point.
 
One does not have to sell their vehicle to collect diminished value. It is an element of loss just like damage to a bent fender and other property damage. If an insurance company accept liability for damage, diminished value should be included.
 
Is there Good Hope for Fair Auto Insurance Settlements?
 
David Williams
#3178 of 4410
But wait, that isn't by marsha7
Aug 28, 2007 (6:13 pm)
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the point I may have missed...of course DV should be included, my point was that it should be paid at the same time the repairs are concluded, as DV will have the greatest effect the newer (younger) the car is...
 
I meant that for a company to pay DV 5 years later would be silly, as the greatest DV takes place when the car is newer, or, put another way, paying $2500 in DV when the car at 10 years old is only worth $3000 from a wreck 5 years ago makes no sense...
 
We incur the loss now, so DV should be paid now, as tho it would compensate us for the loss of value as tho we traded the car in today, not some time in the future...
#3179 of 4410
Re: But wait, that isn't [marsha7] by lilyowen
Aug 29, 2007 (5:35 am)
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Replying to: marsha7 (Aug 28, 2007 6:13 pm)

That it is a loss incurred is an item of debate throughout many states currently. That it exists is not so much.
 
I am curious though, why an advocate for the collision repair industry would be pushing dv so hard? It will only really detrimentally effect the industry (except for PRI's) More vehicles will total, earlier and more often. In addition, it likely will work out to be a wash for the carriers as they will now -- and with impunity -- be able to reduce total-loss ACV settlements for DV. If carriers start giving DV, you can rest assured they will start taking DV.
#3180 of 4410
Re: But wait, that isn't [marsha7] by dvexpert
Aug 29, 2007 (6:09 am)
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Replying to: marsha7 (Aug 28, 2007 6:13 pm)

My mistake. Sounds like we are on the same page.
#3181 of 4410
Re: But wait, that isn't [lilyowen] by dvexpert
Aug 29, 2007 (6:26 am)
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Replying to: lilyowen (Aug 29, 2007 5:35 am)

I am neutral toward the collision repair industry, not an advocate. Most PRIs agree that only about one car in every one-hundred inspected is repaired as well as it could be repaired. Even in that one case there are limitations that prevent the car from being in its true preloss conditon. Additionally, most shops align themselves with insurers against consumers, only conusmers are not aware of that fact. They are led to believe these direct repair shops and their insurance agent are looking out for them. Nothing could be further from the truth.
 
Diminished value is the tool that levels the field for consumers. If its use means more cars total. so be it. If insurers take as well as give DV, that's fair too.
#3182 of 4410
Wrecked my car pulling out of the dealership by manda613
Aug 29, 2007 (8:28 am)
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Please bare with me I'm new to this whole forum thing.
  Saturday I purchased a new car (it only had 21 miles when I drove it off of the lot). Monday evening I had to go back to the dealership to finalize a few things. When I drove out of the parking lot I got into an accident. There were 74 miles on the car. It's pretty bad and I don't know if it's totalled or not.
  Fortunately, I had just signed papers adding GAP insurance to my loan. However, I was told by the guy that towed my car that if it is totalled I may be entitled to another car since it is under a certain mileage. This sounds completely ridiculous... but I wanted to know if anyone had heard of this?
  I live in Pennsylvania, in case it matters.

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