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How should I get my diminished value?

Austin, TX |

I stopped for the red light and my 2011 golf was rear-ended by a drunken girl on 2013/08/17. The repair bill $7,563 was paid by Geico. (Both of us had Geico). I asked to prepare my diminished value report to get geico pay me the diminished value. After the adjuster ran a carfax check, I was shocked to find out it was in a prior accident in 2011 June. I purchased the car new with 1560 miles on it 2011 Sep. I called the dealership, then I was told it was a loaner car, and was parking on a street by a customer. Someone hit and run away from the spot, leaving some scratch to the car. The police came to make a report since it was a loaner. The repaint work was $405. VW dealer sold me a new car with accident and never disclose it to me! Now geico refuses to pay the diminished value

I took the car to several vw dealer, including carmax for appraisals. And I got offers around 8,500 to 10,000. I paid 21,000 full to buy this car and it was less than 2 year old at the time of the second accident. Geico adjuster refuses to pay me and wanted me to prove the value of my car between these two accident and saying that since I am still owning this car, I cannot prove the loss value on the car. I have no clue to what to prove since I already paid the amount to buy the car.

Attorney Answers 3

  1. Sounds like you have a claim against the dealer. Ask them to cover the difference.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  2. You can sue the other driver and the dealer in justice court. Depending on the amount of diminished value you can prove, this may not be worth the hassle. It is not practical to hire a lawyer; you'd spend more on the lawyer than you would get back and you can't recover attorney's fees in this type case.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

  3. Speak with the dealership and see how they respond--you could also file a claim in small claims court--good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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