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Diminished value claim in Ontario

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Old 04-02-2022, 05:27 PM
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JonCanadian
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Default Diminished value claim in Ontario

Got rear ended yesterday. The good thing is that me and the dogs are fine except I have a sore neck. It was actually an interesting experience feeling myself go into shock. I'm a warm-body person and I've never ever been shivering or had my teeth chatter like after the accident. No airbags deployed but the bumper has gouges into the plastic so likely it's a gonner.

I'm thinking about making a diminished value claim. Do I need to lawyer up fo this in Ontario? It's a 2018 Macan GTS, 85K km that we own outright. Any thoughts on how much to ask for? I'm thinking about getting a lawyer anyway just to avoid the hassle of dealing with insurance companies. It's been three decades since I've been in an auto accident so any advice/thoughts would be appreciated.
Old 04-02-2022, 05:43 PM
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Adamant1971
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No such provision in Ontario. And on a 4 year old car with 85k I wouldn’t stress over it. Just take it to the shop of your choice and get it fixed well and fully document it. If the damage is severe fight for a total loss.

Old 04-03-2022, 12:58 AM
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lawyers fees wont cover it. You can use a lawyer but none interested in cars, only personal injury from cars.
start with an estimate to repair and go from there. if it is just the bumper, there is little dv except for the car fax. make sure you document the damage,keep the receipt and show to next buyer.
if need dv it would be approx 25% of the repair so if repair is 10k dv is 2500. Wonder why you went into shock? I think from an fender bender that is rare. I hope you are alright. I would be more worried about your neck.
Old 04-03-2022, 01:12 AM
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repcapale
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These are small amounts and a lawyer is not worth it.
Old 04-03-2022, 03:40 AM
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JonCanadian
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Thanks for the info and concern. I'll talk to an adjuster on Monday and see what happens after. My neck is still sore but it's more like a heavy workout sore so a massage or two will probably clear it up.
Old 04-03-2022, 07:29 AM
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No_snivelling
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Neck injuries should always be taken seriously. I was in an accident and everyone focused on the broken bones and head injury but they ignored my neck pains. I thought the same as you, that time would heal it. I was wrong and now I suffer from permanent loss of range of neck motion and chronic low level pain.

I would speak with your family doctor ASAP and get some physiotherapy and massage.
Old 04-03-2022, 03:06 PM
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Bud Fox
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Originally Posted by JonCanadian
Thanks for the info and concern. I'll talk to an adjuster on Monday and see what happens after. My neck is still sore but it's more like a heavy workout sore so a massage or two will probably clear it up.
get a Brampton doctor and sue for lifetime earnings lost due to soft tissue injury
Old 04-03-2022, 03:20 PM
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.2PDK
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Originally Posted by Bud Fox
get a Brampton doctor and sue for lifetime earnings lost due to soft tissue injury
Why Brampton?
Old 04-03-2022, 03:42 PM
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reacp911
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Originally Posted by No_snivelling
Neck injuries should always be taken seriously. I was in an accident and everyone focused on the broken bones and head injury but they ignored my neck pains. I thought the same as you, that time would heal it. I was wrong and now I suffer from permanent loss of range of neck motion and chronic low level pain.

I would speak with your family doctor ASAP and get some physiotherapy and massage.
Are modern headrests so mediocre? Isn't that why they do all kinds of crash testing? were you driving a '65 valiant?

Last edited by reacp911; 04-03-2022 at 03:44 PM.
Old 04-04-2022, 07:26 AM
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Originally Posted by reacp911
Are modern headrests so mediocre? Isn't that why they do all kinds of crash testing? were you driving a '65 valiant?
According to Johns Hopkins Hospital, whiplash is an injury to your neck caused by your neck bending forcibly forward and then backward, or vice versa. Headrests helps with the backward motion but not the forward.
The OP was in a
2018 Macan GTS and suffers from some kind of neck injury. Whiplash and serious neck injuries do still occur in modern cars. No doubt we are better protected now than we were decades ago, but 5 point harnesses and neck restraints are not yet mandated in Canada.

My point was simply an ounce of prevention is worth a pound of cure. Anytime you are in an accident and have a sore neck, please get it checked out promptly.

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Old 04-04-2022, 12:57 PM
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Originally Posted by .2PDK
Why Brampton?
Brampton leads the province in accident claims, insurance fraud, unlicensed drivers etc. The traffic injury lawyers there are well versed in the "range" of potential injuries that may arise from an accident.
Old 04-04-2022, 01:14 PM
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Ditto to Brampton. Insurance costs in Brampton are probably one of, if not, the most highest. I'm sure the insurance industry professionals can chime in on this.
Old 04-04-2022, 05:40 PM
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928gt
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Originally Posted by reacp911
Are modern headrests so mediocre? Isn't that why they do all kinds of crash testing? were you driving a '65 valiant?
It's the rebound. When you are rear-ended, your body and your head are accelerated forward as they are both resting against the seat and headrest. When a few milliseconds later the car itself stops moving from the impact, your body and head continue moving forward, but while your torso is held in place by the seat belt, your head isn't restrained and jerks forward. Plus, when you're hit from behind (as opposed to colliding with something head-on), the seat itself has some elasticity and acts like a spring during the initial impact form the back, to then launch you forward even harder on the rebound.
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Old 04-05-2022, 08:39 PM
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Originally Posted by JonCanadian
Got rear ended yesterday. The good thing is that me and the dogs are fine except I have a sore neck. It was actually an interesting experience feeling myself go into shock. I'm a warm-body person and I've never ever been shivering or had my teeth chatter like after the accident. No airbags deployed but the bumper has gouges into the plastic so likely it's a gonner.

I'm thinking about making a diminished value claim. Do I need to lawyer up fo this in Ontario? It's a 2018 Macan GTS, 85K km that we own outright. Any thoughts on how much to ask for? I'm thinking about getting a lawyer anyway just to avoid the hassle of dealing with insurance companies. It's been three decades since I've been in an auto accident so any advice/thoughts would be appreciated.
https://www.millerthomson.com/en/blo...value-damages/

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