Insurance Question: Diminished value...insurance won't pay it because...
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pocket loss on a sale. You would think an appraisal would suffice but even a court would probably say that it is speculative now that you would ever actually suffer the loss or how much of it. Every day you keep the car the diminished value becomes a little less - if you keep it long enough there might not be much, if any, diminution due to the accident. (BTW I don't think Carfax will show anything unless it was totalled.) Of course, that means the ins. co. has you somewhat over a barrel - they implicitly acknowledge that you might have a covered loss if the car is sold, but the statute of limitation may run by the time you do sell or trade it. However, in most states the period for property damage is longer than the 1 year for personal injury so check your local law. Theoretically you could get a "tolling agreement" from them in which they agree that they will not defend on statute of limitations grounds if you subsequently sell the car and the loss is realized. But this would be one super-sized can of worms for the ins. industry so they will probably tell you to take a hike. You might be able to snooker them by getting them to admit in writing that if the car was sold and a loss due to the accident could be proven, that it would be covered. That might be enough for a credible threat to sue them later on, even after the statute has run.
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03-16-2007 04:25 AM