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Old 09-03-2010, 07:36 AM
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galahad05 galahad05 is offline
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Location: Long Island, NY
 
Join Date: Aug 2007
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Mein Auto: 335i sedan 6MT
Quote:
Originally Posted by pilotman View Post
bad things happen in life.

if they offered to repair the car, to put it in the exact condition as it was when he brought it in, then his only other possible damages are diminution in value, if his state allows it.

Caveat, I'm a defense attorney, so lets assume there is liability, and the only thing we are concerned with at this point is the amount of damages.

What else does he think he's entitled to, punitive damages, consequential damages for emotional distress, mental pain, anguish and suffering?

I know it totally sucks, and that's life....just like getting in an accident....you can be sitting at stop light, minding your own business, and get rear ended. Your get your car fixed, its not going to be perfect....but that's it, should your insurer or or the other driver have to give you a new car, just because you don't want a repainted trunk lid?
Did you read the original post?

They were offering to fix it up to the tune of $2500. The car actually has $14k worth of damage (in parts alone).
Translation: they were offering to do a cosmetic fix + glue and duct tape on the mechanical bits sufficient to get rid of this poor sap.
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