to sue or not to sue? that is the question.....
07-03-2006, 12:29 PM
#16
Three Wheelin'
This happened to my wife about 6 months ago. You are likely just SOL. If there is no contact then they are not liable. Like others have said you'd have been much better off hitting him.
07-03-2006, 12:50 PM
#17
Instructor
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Diminished value is only recognized in a handful of jurisdictions. In most of those venues, it is only compensible at the time you actually sell the car and can show how much less you were able to sell the car for than you might have gotten if it weren't wrecked.
As for screwing up you day, I don't know of any jurisdiction that will get you compensation for that.
As for getting the Vetts's insurer to pay? Maybe. Depends on who these witnesses were and were they listed on the police report or did they appear sometime later. Are the acquainted with your friend (or you) like maybe someone that was following him to the wedding? If so they'll be viewed as biased witnesses and their testamony will probably be discounted. If they didn't talk to the police at the scene and get listed on the report, it will look like you fabricated those witnesses to make your case later. Assuming the witnesses are rock solid, the Vette's insurance carrier can still argue that your friend took 'improper evasive action' and could have avoided the accident.
I'm in the insurance claims busiiness.
As for screwing up you day, I don't know of any jurisdiction that will get you compensation for that.
As for getting the Vetts's insurer to pay? Maybe. Depends on who these witnesses were and were they listed on the police report or did they appear sometime later. Are the acquainted with your friend (or you) like maybe someone that was following him to the wedding? If so they'll be viewed as biased witnesses and their testamony will probably be discounted. If they didn't talk to the police at the scene and get listed on the report, it will look like you fabricated those witnesses to make your case later. Assuming the witnesses are rock solid, the Vette's insurance carrier can still argue that your friend took 'improper evasive action' and could have avoided the accident.
I'm in the insurance claims busiiness.
07-03-2006, 01:59 PM
#18
Racer
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Location: Marietta, GA
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Originally Posted by SoonerE39
Diminished value is only recognized in a handful of jurisdictions. In most of those venues, it is only compensible at the time you actually sell the car and can show how much less you were able to sell the car for than you might have gotten if it weren't wrecked.
I'm in the insurance premium paying business , a veteran of TWO teenage drivers at one time, along with a 5 car fleet .... a time in my life when my insurance premiums rivaled my house payment.
07-03-2006, 04:57 PM
#19
Three Wheelin'
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I'm a lawyer and my law firm is representing a Plaintiff that was injured in an accident despite the fact that there was no contact with the Defendant's vehicle. Two differences between that case and yours however are: 1st this client was seriously injured from the accident and 2nd there was a police report indicating that the Defendant caused Plaintiff to collide with a barrier because he swerved to miss the Defendant. If your damages are only $6-10k, the others here are correct that it would be tough to find a lawyer that would go through so much work for one-third of $6-10k...
Another option is to purchase a diminished value report and use it for a tax deduction. If your car is worth $10k less, you can apparently get a $10k tax deduction which can save you thousands depending on which tax bracket you are in. Click on this link to read about the diminished value reports:
http://www.ican2000.com/dvfaqs.html
I've never done this before and it probably would increase the likelihood of an audit, so make sure your return for this year and perhaps the last few years are perfect if you take a ten thousand dollar diminished value deduction.
Another option is to purchase a diminished value report and use it for a tax deduction. If your car is worth $10k less, you can apparently get a $10k tax deduction which can save you thousands depending on which tax bracket you are in. Click on this link to read about the diminished value reports:
http://www.ican2000.com/dvfaqs.html
I've never done this before and it probably would increase the likelihood of an audit, so make sure your return for this year and perhaps the last few years are perfect if you take a ten thousand dollar diminished value deduction.
07-04-2006, 07:14 AM
#21
Originally Posted by SoonerE39
Diminished value is only recognized in a handful of jurisdictions. In most of those venues, it is only compensible at the time you actually sell the car and can show how much less you were able to sell the car for than you might have gotten if it weren't wrecked.
As for screwing up you day, I don't know of any jurisdiction that will get you compensation for that.
As for getting the Vetts's insurer to pay? Maybe. Depends on who these witnesses were and were they listed on the police report or did they appear sometime later. Are the acquainted with your friend (or you) like maybe someone that was following him to the wedding? If so they'll be viewed as biased witnesses and their testamony will probably be discounted. If they didn't talk to the police at the scene and get listed on the report, it will look like you fabricated those witnesses to make your case later. Assuming the witnesses are rock solid, the Vette's insurance carrier can still argue that your friend took 'improper evasive action' and could have avoided the accident.
I'm in the insurance claims busiiness.
As for screwing up you day, I don't know of any jurisdiction that will get you compensation for that.
As for getting the Vetts's insurer to pay? Maybe. Depends on who these witnesses were and were they listed on the police report or did they appear sometime later. Are the acquainted with your friend (or you) like maybe someone that was following him to the wedding? If so they'll be viewed as biased witnesses and their testamony will probably be discounted. If they didn't talk to the police at the scene and get listed on the report, it will look like you fabricated those witnesses to make your case later. Assuming the witnesses are rock solid, the Vette's insurance carrier can still argue that your friend took 'improper evasive action' and could have avoided the accident.
I'm in the insurance claims busiiness.
So apparently what you are entitled to depends a lot on the circumstances of the accident.
