k**u
发帖数: 10502 | 1 【 以下文字转载自 Automobile 讨论区 】
发信人: kuku (小黄猫), 信区: Automobile
标 题: Diminished Value Claim Won in California Superior Court
发信站: BBS 未名空间站 (Sat Jul 16 17:27:28 2016, 美东)
Just received the small claim appeal court’s judgement in my favor. Here is
the story.
In last December my car was rear-ended by a negligent driver. Claim was made
to Allstate Insurance, the at-fault driver’s insurance company. Two weeks
later, we discovered additional damages. Supplemental claim was made.
Allstate quickly denied the follow-up claim, citing that’s a prior
unrelated damage. Upset by that denial, I got an expert opinion on it. At
the same time, since I’m going to fight, why not make all claims I can? I
then got an appraisal on the diminished value and submitted to Allstate.
Allstate flatly denied the diminished value, saying that in California I’m
not entitled to it as long as they repair the car.
Demand letter was sent to the driver, followed by a lawsuit in small claims
court. Court supported all my claims, including the diminished value. It did
not award me the d.v. amount I was seeking, but apparently the d.v. claim
stands, because the award exceeds the direct damage I seek.
Defendant appealed. He was then represented by Allstate’s attorney. The
insurance adjuster was also in court as witness. It was a trial de novo (new
trial). I presented the case again, and had some fun to cross examine the
witness. A little more formal than the small claim court, but still casual
enough for me as a lay person. The appeal court maintained the judgement.
That’s the end of the legal battle. It’s seven months from the accident,
and I’m waiting for the check, hopefully to come soon.
Here is the legal source for your use: California Civil Jury Instructions (
CACI) 3903J, attached at the end of the post. Pay attention to the paragraph
starting with "however", which says that reasonable repair cost PLUS
diminished vale can
be asked for. It’s your burden to proof it, of course.
Another suggestion: don’t accept insurance company’s low ball offer. You
are not obliged to use their contracted body shop; neither should you accept
a check reflecting the lower number. You get to pick your body shop, and
have insurance company to pay, as long as the estimate is reasonable.
For long time, the diminished value is a hotly contested topic in court, and
it’s not clear if California courts support it. This is a case that
established the validity of the d.v. claim, although the judge did not heed
my suggestion to write it down. Please spread the words so California
consumers are aware of their legal rights when they are intimidated and
harassed by the insurance company’s denial, delay, and defense tactics.
“CACI 3903J - Damage to Personal Property (Economic Damage)
[Insert number, e.g., “10.”] The harm to [name of plaintiff]’s [item of
personal property, e.g., automobile]. To recover damages for harm to
personal property, [name of plaintiff] must prove the reduction in the [e.g.
, automobile]’s value or the reasonable cost of repairing it, whichever is
less. [If there is evidence of both, [name of plaintiff] is entitled to the
lesser of the two amounts.]
[However, if you find that the [e.g., automobile] can be repaired, but after
repairs it will be worth less than it was before the harm, the damages are
(1) the difference between its value before the harm and its lesser value
after the repairs have been made; plus (2) the reasonable cost of making the
repairs. The total amount awarded may not exceed the [e.g., automobile]’s
value before the harm occurred.]
To determine the reduction in value if repairs cannot be made, you must
determine the fair market value of the [e.g., automobile] before the harm
occurred and then subtract the fair market value immediately after the harm
occurred.
“Fair market value” is the highest price that a willing buyer would have
paid to a willing seller, assuming: 1. That there is no pressure on either
one to buy or sell; and 2. That the buyer and seller are fully informed of
the condition and quality of the [e.g., automobile]. | S***X
发帖数: 15 | 2 Thank You for your information,this is very helpful and encouraging. Could
you share the judgment/court's order or your case no. and the court's name
with me? I am in a similar situation and would like to have some caselaw to
booster my case. I really appreciate your help. | m**2
发帖数: 3374 | 3 这个很牛B！
is
made
weeks
【在 k**u 的大作中提到】
: 【 以下文字转载自 Automobile 讨论区 】
: 发信人: kuku (小黄猫), 信区: Automobile
: 标 题: Diminished Value Claim Won in California Superior Court
: 发信站: BBS 未名空间站 (Sat Jul 16 17:27:28 2016, 美东)
: Just received the small claim appeal court’s judgement in my favor. Here is
: the story.
: In last December my car was rear-ended by a negligent driver. Claim was made
: to Allstate Insurance, the at-fault driver’s insurance company. Two weeks
: later, we discovered additional damages. Supplemental claim was made.
: Allstate quickly denied the follow-up claim, citing that’s a prior
| k**u
发帖数: 10502 | 4 The case is at California superior level, not an appellate court, therefore
is not a legal precedent one can cite.
I asked the judge to write down his opinion. He didn't. On the judgement,
there's only two numbers: damage and court fee. It did not itemize the
damages.
Could
to
【在 S***X 的大作中提到】
: Thank You for your information,this is very helpful and encouraging. Could
: you share the judgment/court's order or your case no. and the court's name
: with me? I am in a similar situation and would like to have some caselaw to
: booster my case. I really appreciate your help.
|
|
