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Old 09-03-2010, 08:35 AM
GTakacs GTakacs is offline
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Location: Texas
Join Date: Sep 2010
Posts: 21
Mein Auto: 2011 E90 328xi
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 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?
I have to agree. The dealer has to make the owner whole again if they are liable for the damages (which I think they are). Making him whole means repairing his car to pre-accident condition and compensate for a loaner vehicle during the wait period. I have not seen an insurance company that would pay for diminished value due to an accident and I've dealt with a couple of them due to idiotic drivers deciding to hit my cars.
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