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Old 09-03-2010, 09:19 AM
RBinDC RBinDC is offline
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Location: Washington DC Area
 
Join Date: Aug 2010
Posts: 984
Mein Auto: 335is Coupe
Not that simple

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?
Back in 1970 I owned a 911 and was rear-ended. I recall seeing an article citing a court case in which a Porsche owner was granted more than the cost of repairs because the Porsche was determined by the judge to be a "special" vehicle - not just run-of-the mill Ford. Surely an M5 would also fall into that category. I'll bet there is some additional case law supporting that finding.

Now the problem is that this happened in Texas - California where I lived. Texas is a Republican, pro-business, state. It wouldn't surprise me if it has weak consumer protection laws. One reason (among many) why I would never live there.
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