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Honda dealership damaged my van, the van had depreciated and they do not want to pay 10% of value.

Asked over 3 years ago - Marietta, GA

I took my van in for service, the dealership damaged the vehicle and I am asking for 10% of the value for depreciation. The Honda dealership is saying that I should be happy that they are fixing it and have given me a Ford Explorer to drive. After a few phone calls they are willing to give me 10% of the damages which is appx. $150. And they are saying that they will not report the damage to Carfax. If they do not put the damage into Carfax, isn't that illegal? And am I asking for too much as compensation. The van has depreciated through no fault of ours and we feel that the Honda dealership should compensate us for the depreciation of the van which is about 10% of the value. I am also a consultant, the time that I am spending calling and talking with them means that I am not billing a client, I am losing money trying to resolve this matter. What are my options.

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Attorney answers (1)

Darren Lee Kadish

Reputation Level 5

Answered over 3 years ago. Car / Auto Accident Lawyer in Baltimore, MD.

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Actually the damages you are seeking are called "dimunition in value" in legal parlance. I cannot answer your question as to whether Georgia law allows dimunition in value claims. However, be aware that they are difficult claims to bring, because it is only a paper loss until you sell the vehicle. If youplan to keep the car a very long time, it becomes a smaller claim. Obviously repaired damage on a ten year old car for sale has less effect than damage on a one year old car for sale. I am also assuming it was body damage. Regular repairs would not count, because unless a car has body work done, repairs usually don't affect value (and in some cases can increase value - i.e. a new engine in an older car.) At $150.00 it sound like very insignificant damage. Since they have given you a loaner vehicle, you would not have a loss of use claim.

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