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  #49  
Old 04-01-2015, 09:36 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by David_Hart View Post
My Dad likes to tell a story about a guy who ran into an ambulance that was on the side of the road with the lights flashing... he was doing something with his dog and didn't "see it". Goes to show just how blind we can be when distracted.
It's also well known that people have a tendency to subconsciously steer towards an object on the side of the road if they're looking at it with any intensity.

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  #50  
Old 04-02-2015, 10:29 AM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by David_Hart View Post
I had noticed that cars were getting closer to my bumper than I was comfortable with. After the minor accident, I swapped out the rear brake light bulbs with LED bulbs. LED is much brighter and comes on instantly. Since the swap, I find that most other cars are not getting as close to my bumper as they used to.
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Which LED bulbs did you use? You have a write up somewhere? I find the brake lights on my '15 GC lackluster and would love to get some brighter lights.
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  #51  
Old 04-02-2015, 10:56 AM
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Re: EcoDiesel got rear-ended this afternoon....

Subrogation seems convenient, but it seems like it might affect one's ability to make a diminished value claim. Then again, perhaps others who have successfully made a diminished value claim while subrogating can come in and clout me with the cluestick.
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  #52  
Old 04-02-2015, 12:18 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by Roadkill View Post
Subrogation seems convenient, but it seems like it might affect one's ability to make a diminished value claim. Then again, perhaps others who have successfully made a diminished value claim while subrogating can come in and clout me with the cluestick.
I can't go after diminished value here in WI anymore - the state legislature changed the wording in the state laws, so the projected 30% value loss is mine to absorb. And by my math that going to be just shy of $10,000.00......she gets a $185.67 ticket and I lose $10k in value - win/win?
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Old 04-02-2015, 12:46 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by Jason911 View Post
I can't go after diminished value here in WI anymore - the state legislature changed the wording in the state laws, so the projected 30% value loss is mine to absorb. And by my math that going to be just shy of $10,000.00......she gets a $185.67 ticket and I lose $10k in value - win/win?
I am not a lawyer - but that doesn't sound right. If you were at fault in this accident, that would likely be the case, but this was a third-party fault accident, meaning that you should be entitled to be made whole via the legal process. The question here comes to who foots that bill. The insurance company may be only liable for repairs in making your car safe to drive - meaning that you may be able to go after the individual driver for the Diminished Value post repair. This may be impacted by anything you sign or agree to when you get the money for the repair, however, as they usually try to absolve any further liability when they give out money the first time...

Honestly you should go see a lawyer about this. $10,000 isn't something worth writing off in my book.
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Old 04-02-2015, 01:10 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by Ampt View Post

Honestly you should go see a lawyer about this. $10,000 isn't something worth writing off in my book.
I did - yesterday. Spent the day with my lawyer, then my insurance company, then my insurance agent and then her insurance company. I cannot seek diminished value compensation in WI. Prior to 2014 that was another story, but now....... Even though she is 100% at fault and my Jeep is supposed to be repaired back to new condition - and her insurance company foots the whole bill for repair, new fire extinguishers, a new car seat - the perceived diminished value in WI cannot be recouped. I am not writing it off yet, but at best I might be able to seek further damages in small claims court - max is $5k, which is better than nothing at all - but it comes back to the fact that diminished value is not recoverable in WI.
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Old 04-02-2015, 01:15 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by Jason911 View Post
I did - yesterday. Spent the day with my lawyer, then my insurance company, then my insurance agent and then her insurance company. I cannot seek diminished value compensation in WI. Prior to 2014 that was another story, but now....... Even though she is 100% at fault and my Jeep is supposed to be repaired back to new condition - and her insurance company foots the whole bill for repair, new fire extinguishers, a new car seat - the perceived diminished value in WI cannot be recouped. I am not writing it off yet, but at best I might be able to seek further damages in small claims court - max is $5k, which is better than nothing at all - but it comes back to the fact that diminished value is not recoverable in WI.
Wow, Wisconsin must have a helluva good insurance lobby. I just read some legal briefs that confirm that. What a terrible law that is.
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  #56  
Old 04-02-2015, 01:16 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by Jason911 View Post
by my math that going to be just shy of $10,000.00.
Damn, I'm sorry to hear that. So much for the idea of being "made whole". Or justice.

I hope your health has remained intact despite the shock impulse of the collision.
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Old 04-02-2015, 01:20 PM
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Re: EcoDiesel got rear-ended this afternoon....

Quote:
Originally Posted by Jason911 View Post
I did - yesterday. Spent the day with my lawyer, then my insurance company, then my insurance agent and then her insurance company. I cannot seek diminished value compensation in WI. Prior to 2014 that was another story, but now....... Even though she is 100% at fault and my Jeep is supposed to be repaired back to new condition - and her insurance company foots the whole bill for repair, new fire extinguishers, a new car seat - the perceived diminished value in WI cannot be recouped. I am not writing it off yet, but at best I might be able to seek further damages in small claims court - max is $5k, which is better than nothing at all - but it comes back to the fact that diminished value is not recoverable in WI.
Maybe another way to attack this is to have the cost of the repair compared to the diminished value of the GC post-repair. That way, you don't have to try to recover the DV, but the repair would be a much higher percentage. Maybe enough to write it off?
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  #58  
Old 04-02-2015, 01:26 PM
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Re: EcoDiesel got rear-ended this afternoon....

More and more states are turning away from diminished value as a compensable claim. Aside from perception, a car that is repaired to spec "should" be as good as one that was not hit. Diminished value has become a negotiating tool more than anything else. If there is true diminished value it should fall on the shop that did the repairs. More importantly, if a car that is hit is perceived to be worth $10,000 less after an accident and you keep it 5 more years before selling it, will you have lost ten thousand dollars? If at that point you only lose $5,000, do you pay back the amount you never lost, or do you profit from your accident. Profiting from an insurance claim is generally considered a no no.

I'm not saying I agree 100% with every concept regarding this issue, but it has become overblown in the past 5 years or so. That's why (in addition to insurance companies having good lobbyists) the laws in some areas are discounting the worthiness of these claims.


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Old 04-02-2015, 02:11 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by BirchyBoy View Post
Maybe another way to attack this is to have the cost of the repair compared to the diminished value of the GC post-repair. That way, you don't have to try to recover the DV, but the repair would be a much higher percentage. Maybe enough to write it off?
Wonderful theory - I can certainly poise that, but I know that it needs to have $25k-$27k in damages for it to be written off. DV may not exist in there eyes, but if I traded it in - it would absolutely exist. The consumer is always the loser.
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Old 04-02-2015, 02:27 PM
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Re: EcoDiesel got rear-ended this afternoon....

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Originally Posted by bill_de View Post
More importantly, if a car that is hit is perceived to be worth $10,000 less after an accident and you keep it 5 more years before selling it, will you have lost ten thousand dollars?
If diminished value doesn't exist, then no doubt the insurance company would be happy to buy the vehicle for the same trade-in book value price as a vehicle that wasn't damaged. That should allay any of their concerns about someone "profiting" down the line, and the insurance company doesn't stand to lose any money because the vehicle is now worth book value just like an undamaged car! Right?

You can argue theory all you want. In theory a properly repaired vehicle is the same as a vehicle that has never been in an accident and is therefore worth the same amount. Furthermore, in theory, theory is the same as practice. In practice, however...

How many people have traded in a vehicle that has been in an accident? You got book value immediately after informing the dealer that the vehicle was worth just as much because it was properly repaired, right?
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