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Vehicle depreciation due to accident

 
 
mm25075
 
  1  
Thu 9 Jul, 2009 11:47 am
@DrewDad,
DrewDad wrote:

Well, call the waaaaaaaambulance. If you don't want to risk damage to your car, then don't drive it.

You were in an accident, you recovered the damages, now move on.


This exactly. Well said DrewDad!
sstainba
 
  1  
Thu 9 Jul, 2009 02:34 pm
Ya know... there is a reason I started this thread with the statements that I don't want you personal opinions. You may think this petty or that I'm whining or whatever, but that's not the point. Someone damaged something of mine because of negligence. If you are fine with someone breaking your ****, good for you, but I'm not. I'm sure if you owned an expensive vehicle you wouldn't be so ready to take it in the ass.
sstainba
 
  -1  
Thu 9 Jul, 2009 02:36 pm
@mm25075,
Your comments are just beyond stupid. If you don't have any actual LEGAL advice and not you personal opinion, don't comment on this thread.
DrewDad
 
  1  
Thu 9 Jul, 2009 02:38 pm
@sstainba,
...because an anonymous Internet board is clearly the best place to get accurate legal advice.

What a maroon.
sstainba
 
  -1  
Thu 9 Jul, 2009 02:41 pm
@DrewDad,
seriously, if you simply want to be a dick, go be a dick somewhere else.
Ragman
 
  1  
Thu 9 Jul, 2009 02:48 pm
@sstainba,
nice...attitude. Perhaps ....oh never mind Rolling Eyes
0 Replies
 
dyslexia
 
  1  
Thu 9 Jul, 2009 02:55 pm
@sstainba,
sstainba wrote:

Your comments are just beyond stupid. If you don't have any actual LEGAL advice and not you personal opinion, don't comment on this thread.
I drive a Porsche 911 Carrera and if some asshat did damage to my car I'd probably get on some anonomous internet forum just to whine about it. Welcome ssainba, perhaps some day we can chat about Katrina and New Orleans or earthquakes in Turkey.
joefromchicago
 
  3  
Thu 9 Jul, 2009 02:56 pm
@sstainba,
sstainba wrote:
The bottom line is that the other driver caused a depreciation on the value of my car by striking it. I do not feel that it should foot the bill for her carelessness.

Did the other driver's insurer pay for the repairs to your car? If so, then by accepting the insurance payout, you waived your right to sue the other driver for any consequential damages to your car. In other words, you're out of luck.
Ragman
 
  0  
Thu 9 Jul, 2009 02:57 pm
@dyslexia,
yeah, but dys..you're not a yuppy who wants the world delivered to their front door ..for free.
Ragman
 
  1  
Thu 9 Jul, 2009 02:59 pm
@joefromchicago,
joe: of course with you being a legal prof, let's just say hypothetically someone didn't sign the release yet...what's the liklihood of them ever seeing the compensation for differential in depreciated value? this decade..or in their lifetime?
chai2
 
  1  
Thu 9 Jul, 2009 03:05 pm
@sstainba,
sstainba wrote:

I'm sure if you owned an expensive vehicle you wouldn't be so ready to take it in the ass.


wow.

you went from a snooty "I'm very well aware" to talking about taking it up the ass (ew) in one post.

you're a real class act.

I just can't stand potty talk like that.
0 Replies
 
joefromchicago
 
  3  
Thu 9 Jul, 2009 03:09 pm
@Ragman,
Those sorts of damages would be very difficult to prove, but not impossible. For instance, if sstainba could produce an expert who would testify as to the diminished resale value of the car, she might be able to recover that amount. So, for example, if an undamaged car would get $50,000 upon resale, whereas a damaged car would only get $40,000, it seems to me that the negligent driver was responsible for that $10,000 difference and should pay for it.

Now, does that happen in real life? No. In real life, the at-fault driver's insurer pays the repair bill and everyone moves on with their lives. I've never heard of a case where a person in sstainba's position would reject the insurance payout and sue an insured driver for those kinds of consequential damages. It's theoretically possible, but it just never happens.
0 Replies
 
dyslexia
 
  1  
Thu 9 Jul, 2009 03:24 pm
@Ragman,
Ragman wrote:

yeah, but dys..you're not a yuppy who wants the world delivered to their front door ..for free.
well, obviously you don't know me very well.
0 Replies
 
sstainba
 
  1  
Thu 9 Jul, 2009 03:29 pm
@dyslexia,
None of those things have anything to do with this whatsoever. If you're going to get all righteous and imply that becuase i'm not concerned because of someone who lost his house because he lived in a city that sat below sea leave 5 miles from the ocean somehow makes me a jerk, sell your gokart and feed the children in africa.
0 Replies
 
sstainba
 
  1  
Thu 9 Jul, 2009 03:32 pm
@Ragman,
ah, so i'm a yuppy who want everything for free? is that simply because i have an expensive car? because clearly anyone who gets an education and manages to make more then $25000 a year is a yuppy right? hate on me all you want, i'm not going to apologize for making good money and having a nice house and car. and i never said i wanted anything for free. i simply want the value of my propery restored.
0 Replies
 
sstainba
 
  1  
Thu 9 Jul, 2009 03:33 pm
@joefromchicago,
for this to be true, I would have had to sign a waiver, correct? i have not signed anything except the check which had no fine print.
chai2
 
  0  
Thu 9 Jul, 2009 03:40 pm
more than $25000 a year?

yikes.

sorry we doubted you.


how easily things turn ugly around here.
you asked a question.
you didn't like the answers
you start talking about anal sex and people from uganda.

what a world.
0 Replies
 
contrex
 
  0  
Thu 9 Jul, 2009 03:49 pm
@sstainba,
Quote:
go be a dick somewhere else.


You are the dick, whining over your scratched toy. Spoiled child. Running your mouth and alienating the board members. Go take a crap in a hat.
0 Replies
 
joefromchicago
 
  2  
Thu 9 Jul, 2009 04:11 pm
@sstainba,
sstainba wrote:

for this to be true, I would have had to sign a waiver, correct? i have not signed anything except the check which had no fine print.

Not necessarily. I would, however, have to know more about the way that your insurance company and the other insurance company handled things. Usually, in these types of cases, the insurers manage everything between themselves. Often, there's not even a check to sign, since the cost of repairs is paid directly to the body shop. If you agreed to have your insurance company handle the negotiations with the other insurer, then you've probably waived your right to sue the other driver for additional damages.
0 Replies
 
mm25075
 
  2  
Thu 9 Jul, 2009 04:36 pm
@sstainba,
Oh, THANKS! *blows kiss* I will take my Property and Casualty license, my claims knowledge and personal knowledge of being in a similar situation and blow it out my ass because some internet person decides to ignore helpful comments I posted above. Just because you don't like my answer does not give you the right to call my comments stupid.
 

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