My late model (2008) car has been hammered in a wreck. Because the CCC car value is high (say close to $30k), and the repair estimates are ~$10-15k, they want to repair it. It is beat up enough that I don’t want it back. I was not at fault, and I don’t know the other driver’s limits.
I buy a new car every 2 years (if not more often), so their argument that I would keep my car until the value isn’t diminished doesn’t really match my past behavior (I have owned 13 cars in the last 15 years).
The salvage yard’s closest comp is ~$9k. Trade-in (or retail, or whatever) will be pretty much 50-60% of what it WOULD have been worth if this hadn’t happened (verified by an independent appraiser and the local dealer).
I know I would never buy a car that had a major accident in the carfax. The dealer said specifically that they would not even give the "poor-fair" trade-in value, as they can no longer certify the car through the manufacturer (thus they would dump it via auction).
I am in Colorado, so 3rd party claimants (supposedly) can try for diminished value. If they factor diminished value ($10k), salvage recoup ($9k), 5 weeks rental @ ~$1000 (based on estimate hours of 4-5worked/business day), AVC (per CCC ~$28.1k, includes sales tax), my math is as follows:
Total loss (AVC Payout):
$28.1k minus (theoretical) salvage recoup $9k
Loss: $19.1k
Repair loss:
$13k repairs
$1000 rental
equals $14k before considering diminished value.
If I can get them to acknowledge HALF of what the car is losing in value, a total makes monetary sense to them…
This doesn’t include any "supplementals." They also have some non-oem parts in their estimate, which would void warranties related to those parts (and potentially whatever interacts with them — since they are mechanical). I am going to ask for OEM across the board.
Aside from asking them to do a full tear-down to see if they can identify any supplementals before starting any repairs, is there anything else I can do?
Help?
To my knowlege Colorado, as well as most States, does not recognize diminished value. Dimished value is difficult as it is pure speculative meaning there is no way to prove what the car would sell for before the accident and after the repairs are done. This can only truly be proved if you actually realize a loss and are able to prove that the loss in value was due to the accident.
Non OEM parts do not void any warranties. There are laws that protect you from this. On a ‘08 model they really should only use OEM. If you are not happy with this you can go through your own insurance, but you are not intitled to diminished value there either.
Sorry for the bad news.