It was coincidental that I stumbled upon a discussion group that was examining auto diminished value claims in the State of New York. It seems that a member of this collective brought up a subject that I know well so I decided to join the group, hosted by https://thelaw.com to provide the answer to his query.
The OP (original poster) Mr. Bond, was getting nowhere with the members of thelaw.com who replied to his post. Very few of us can speak to the intricacies of dealing with insurance companies in New York. Case law exists (Johnson v. Scholz) that limits plaintiffs to either one form of relief (payment for repairs to the car) or another (the loss in value the car experiences now that it has a repair history attached to it) but not both.
Mr. Bond also mentioned the contradicting opinions he’d encountered while doing his online research into the subject. He joined thelaw.com specifically to obtain what the felt would be expert answers to his questions.
What he received from a self-described “Super Moderator” was as wrong an answer as there ever was. This poster opined that successful diminished value claims were typically on “EXPENSIVE luxury vehicles such as Ferrari, Bentley and Bugatti. Bugatti?? Moving on….in our experience, “middle class cars”, as the “Super Moderator” put it, can generate diminished value settlements in the tens of thousands of dollars yet this person advised the OP that his expectations of receiving a fair settlement were unrealistic.
I cited an article which detailed the results of a New York court case involving auto diminished value. The results were revealed so that the OP, and others in the State of New York, would have a guideline to assist them should they decide to litigate.
So it seems that a do-gooder (one with no clue to providing answers but cognizant of every forum rule) by the name of “justblue” felt it necessary to report my post as spam.
The article that was referenced can be viewed here: https://stlucieappraisal.net/new-york-automobile-diminished-value-case-law-review The takeaway from this experience? Need legal advice? Do not rely on sites such as The Law where sound legal advice takes a back seat to forum rules. Not to mention the absence of helpful counsel from the “experts” and the “spam police” you will encounter on such sites. Move forward with helpful advice from an actual attorney at law.
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