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Old 09-03-2010, 08:56 AM
gizmo jean gizmo jean is offline
Officially Welcomed to the 'Fest
Location: FL
Join Date: Jul 2009
Posts: 187
Mein Auto: 2007 335i Coupe
Originally Posted by GTakacs View Post
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.

For those who may care, diminution in value is recognized by courts in FL as long as the insurance policy does not expressly preclude it. Coincidentally, I'm in the middle of negotiating a "proper" settlement for a friend of mine whose rebadged Toyota (SC 430) was hit by a woman who was painting her nails while driving . The insurance company offered diminution but of course, low-balled him despite clear documentation otherwise from the rebadged Toyota dealer.
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