wondering A4 owner

My 1998 A4 was in a pretty good accident which took about $17,000 to fix it. Friends of mine are telling me to trade it in on a new 99 lease because the car will not be the same (squeaks and noises, etc). I am not sure what to do. The accident was not my fault and I do not want to go from a perfect car to a squeaky one when it wasn't even my fault. What should I expect if I want to get out of this car. I have only made 4 payments on the 1998. this sucks - i would like to put my foot in that ladies you know where for giving me all this trouble. so here are my concerns:<br>1) Am I going to lose a lot of money in releaseing a 99?<br>2) Is there anything the lady or insurance is responsible for ? ei: car squeaks or rattles after it is fixed - price difference of lease?<br>any help is greatly appreciated!!<br>thanks<br>wonderingrA4 owner<br>

DH

It called diminution of value. Even though the car is leased, you still have a vested right to purchase the car at the end of the lease. A car that has had $ 17,000.00 worth of damage is worth much less than a car that has never been wrecked.<p>Problem you will face is that dealers will not offer much for a car that has been damaged that extensively. You will, therefore, probably be extremely upsidedown if you try and trade. This is additional evidence that would help support a diminution claim.

Luke

There is something called 'diminished value', whereby the insurance company is abligated to pay the difference caused by flaws in the repair process. You should bring this up before the repair though to get a better deal. A supplemental claim can be filed to recover the difference. Kwon of someone who got reimbursed $2K plus for that. What you need to do is contact a company like "Wreck Check" (covers 34 states) @(770)956-8700 ($75-150). Insurance companies might try to fight this, but this claim is paid by major insurance companies. Info above from February'99 issue of Smart Money. Good Luck;|

Guest

Its called diminution of value. Damages are measured by the value of the car before the wreck and the value of the car after the repairs have been made.<p>Insurance companies usually offer a token $ 500.00 regardless of how extensive the repairs or damage is. I usually strive for about 5 to 10 percent of the value of the car. On $ 17,000, I would probably try to get 15 to 20 percent.<p>If a settlement has already been paid and a release has been signed (as to both the property and personal injury claims), one may be SOL.<p>I believe the best tactic is to first get your car repaired (it would suck pissing the insurance company off, having to sue them, and then be out of pocket deductibles, rental car fees, and etc. while in litigation). After the car is repaired and before any releases are signed, one merely adds diminution of value as a single component of the entire damage claim.<p>I have a couple of friends in the car business that shoot straight and will submit affidavits to support these damages claims.<p>Not intended as legal advice and solely intended for discussion purposes only.