Results – Diminished Value and Property Damage

Diminished Value and Property Damage Case Results

When a potential buyer questions the safety and integrity of a vehicle, this lack of confidence causes doubt which dissuades a buyer from buying. The result is a major loss in value, and that is where we come in to help you. Below are examples of some of our case results.

2007 Lamborghini Murceilago – $100,000

This 2007 Lamborghini Murceilago was rear ended. The insurer of the at -fault driver denied liability and actually won at arbitration because of insufficient data supplied by my client’s insurer. We were able to prove that the other driver was at-fault by simply calling him and asking him to verify with his own insurer that he caused the accident. It is wonderful when a person is honest and is truthful with his own insurance company and cooperative. After we were successful in convincing the other driver’s insurer that its insured caused the accident, we proved that our client’s claim for loss of use and diminished value was worth more than $100,000 resulting in the at­-fault insurer tendering its $100,000 policy limit to our client.

2012 Aston Martin DB9 Volante – $55,000

Exotic cars can suffer substantial diminished value, even where an accident causes minor damage. Wealthy people simply do not want to purchase any expensive car that has any accident history. Often, the history of a vehicle and its ownership are more important than actually using and driving the vehicle. In this example, one of my clients owned a brand new 2012 Aston Martin DB9 Volante with 1,400 miles for which they paid about $159,250. This vehicle was hit by a commercial truck while parked on a street. The cost to repair the mostly cosmetic damage to this carbon fiber vehicle was more than $30,000.00. We recovered $55,000 for diminished value and loss of use damages.

2007 Aston Martin V8 Vantage – $24,500

This Aston Martin suffered some minor damage, but the vehicle was out of service for several weeks until parts could be obtained causing a loss of use claim in additional to the diminished value claim. We settled this case for $24,450.

2015 BMW X5 – $25,000

This 2015 BMW X5 was almost brand new when it was hit on the passenger side causing airbag deployment. The damages on the exterior did not look serious, however, the repair was extensive. Our client’s insure paid for the repairs and wanted to seek subrogation against the at­-fault insurer for its $25,000. We were able to convince our client’s insurer to permit our client to obtain the at­-fault insurer’s money before it made its claim for subrogation. After the car was repaired, we were successful in making a recovery of the full $25,000 policy limit of the at-­fault insurer.

2016 Honda Odyssey – $9,552

Honda Odysseys are often purchased by families with children for convenience and safety. We were successful in recovering $9,552.38 for this family in this accident which did not result in airbag deployment. If the airbags had deployed, we would have argued that this brand new car should have been declared a total loss because airbag deployment has a major detrimental affect to the perceived integrity of a wrecked and repaired car, thus causing a significant diminution in value.

2016 Land Rover Sport – $10,000

This brand new 2016 Land Rover Sport was rear-ended on I­-4. Unfortunately, the at-­fault driver had the Florida minimum property damage liability limit of $10,000. We would have been able to recover more if the limits had been higher.

2016 Ford Focus – $10,000

The airbags deployed in this Ford Focus in the accident. In our opinion, cars that suffer airbag deployment should be declared a total loss, because consumers do not want to buy a car that was in this type of accidents which is always considered a major loss. Cars that have been repaired after an accident resulting in airbag deployment cannot be trusted with respect to the future reliability of the airbags. When a potential buyer questions the safety and integrity of a vehicle, this lack of confidence causes doubt which dissuades a buyer from buying. The result is a major loss in value. In this case, we recovered $10,000 for the owner.

2011 Audi A4 – $10,000

This 2011 Audi A4 should have been declared a total loss. The cost to repair was $14,267.04 which was paid for by our client’s insurance company. The at­-fault insurance company had $10,000 in property damage liability insurance, and our client’s insurer wanted its $10,000 policy limit. We were successful in reaching an agreement with our client’s insurance company to permit our client to receive the full $10,000 from the at­-fault insurer for his diminished value and loss of use claims even though our client’s insurer would receive nothing. Our client’s insurer was more sophisticated than many other insurance companies and recognized its insured, our client, had priority rights to the limited funds of the at­-fault insurer under the common law Made Whole Doctrine acknowledged by the Florida Supreme Court in its 1992 decision in Insurance Co. of North Am. v. Lexow, 602 So.2d 528 (Fla. 1992).

2014 Range Rover 4×4 Sport HSE – $9000

This vehicle suffered relatively minor damage caused by a careless valet parking attendant which cost $4530.94 to repair. We were able to recover $9000 for our client for diminished value and loss of use.

2012 Harley-Davidson FXDC – $12,332

This motorcycle was damaged in an accident. The repair took 90 days. We made an excellent diminished value and loss of use claim of $12,332.00 for the owner of this excellent motorcycle.

2013 Porsche Boxster – $12,500

We recovered $12,500.00 in damages for diminished value and loss of use for the owner of this beautiful 2013 Porsche Boxster.

2007 Mercedes Benz CLK 63 AMG – $6,010

This AMG Mercedes suffered relatively minor damage which cost $4,050.00 to repair. We recovered $6,010.00 for diminished value and loss of use for the owner.

2008 Jaguar XK – $3,200

This is an example of how a seemingly small accident causing rather minor damage can result in a diminished value recovery. These photographs show a small dent to the driver’s side door. We recovered $3,200.00 for our client.

2010 Jaguar XKR – $10,000

This band new 2010 Jaguar XKR cost more than $100,000. This car was hit head-on by a driver going the opposite direction at an intersection. Unfortunately, the driver that caused the accident only had a $10,000 property damage liability policy limit which is the State of Florida minimum insurance. This case is interesting because this was a very expensive car that was brand new and suffered massive damage, more than $50,000.00 in repairs. Most cars would have been declared a total loss if the cost to repair was $50,000.00. Because this car was so expensive, it was repaired. The challenge in this case was that the owner’s insurance company paid for the $50,000 repairs and wanted to get the $10,000.00 in property damage liability insurance from the at-fault insurer. We negotiated with our client’s insurer and the insurer allowed us to get the full $10,000.00 for our client for diminished value.

2010 Jaguar XF – $11,000

This was rear ended accident. We recovered $11,000.00 on a repair that cost $17,267.93. We were successful in arguing that our client had an additional claim for loss of use as he was provided with a Dodge Charger rather than a car similar to his Jaguar. Given the difference in the two cars, our client was entitled to additional damages for loss of use. The law says the owner is entitled to a similar vehicle during the repair period for loss of use. You cannot replace Jaguar sports car with a Dodge Charger; therefore, our client sustained damages for loss of use.

2002 MB C230 Sport with 104,392 miles – $3,000

A tractor-trailer backed into this high mileage but excellent condition 2002 Mercedes Benz C230 causing $4,939.61 in damage. We recovered $3,000.00 in diminished value damages for our client. This is an example of a modest recovery from a small accident.

2008 Mercedes Benz GL 450 – $13,500

This 2008 Mercedes Benz GL 450 suffered $25,571.49 in damage. This case was unique in that we recovered $13,500.00 for diminished value before the repairs to the vehicle were completed.

2009 Audi Q5 – $2,700

This vehicle was more than four years old when it suffered damage to the rear. Even though the car was older and had many miles, we still were able to recover $2,700.00 for the owner.

2011 BMW 128i – $11,500

Our client was stopped at an intersection in the right lane of a four-lane highway in light traffic where there was some construction. There was a dispute if the light was red or green. She had been stopped for about thirty seconds. She was rear-ended at a high rate of speed by an elderly driver causing massive damage to the rear of her 2011 BMW 128i Convertible. The vehicle was in the shop for sixteen weeks for repairs. We recovered $11,500 for this client for diminished value a loss of use of the BMW.

Honda CRV – Personal Injury and Diminished Value

Honda CRV – Personal Injury and Diminished ValueThis case is an example of the danger of other drivers attempting a left-hand turn in the face of oncoming traffic. Here, our client was the driver of this new Honda CRV. The other driver was going the opposite direction on attempted to make a left turn causing our client to hit the side of the other vehicle in a T-bone accident. The accident caused our client’s airbags to deploy. Our client had just had cervical spine surgery about one week before this massive accident. Miraculously, our client suffered no aggravation of her preexisting neck problem. However, she did suffer fractures to her wrist. We were able to make a successful recovery for her injury claim from the insurer of the at-fault vehicle as well as our client’s insurer for underinsured motorist coverage. Also, we were successful in making a claim for diminished value to her Honda.

2014 Audi A8 L Quattro – $11,571

This 2014 Audi A8 L Quattro had only 5,773 miles when it was in an accident which caused $30,411.51 in damages. The vehicle was worth about $103,000.00. The at-fault vehicle had a $50,000.00 property damage policy limit. The amount of the policy limit remaining after payment for the repairs and rental car was $11,571.83 which we were able to recover for our client for compensation for diminished value.

2014 BMW 528i – $7,800

This was a 2014 BMW 528i with 10,963 miles when it suffered about $9,000.00 in damage to the rear. We recovered $8,620.00 for our client for diminished value and loss of use.

2014 Audi A7 – $7,800

This was a 2014 Audi A7 with that was struck in the rear by a tractor-trailer causing about $11,500.00 in damage. We recovered $7,800.00 in damages for diminished value for our client.

2011 Porsche 911 Turbo Cabriolet – Diminished Value and Loss of Use

This was a 2011 Porsche 911 Turbo Cabriolet 12,112 miles was parked at a coffee shop when another backed into it causing damage to the body and engine costing $11,668.80 to repair. We were successful in making a claim for diminished value and loss of use for our client.

2014 Range Rover 4×4 Sport HSE – $9,000

Our client’s brand new Land Rover 2014 Range Rover 4×4 Sport HSE was damaged by a valet parking driver. The cost to repair was $4,126.00. The insurance company refused to pay our demand to settle. We filed suit against the valet parking company which was a national company. We settled the case for $9,000.00 for our client.

2011 Audi A4 – $10,000

Our client was driving this 2011 Audi A4 when another driver pulled out in front of the Audi causing a collision which resulted in the airbags deploying in the Audi. The at-fault driver had $10,000 in property damage liability insurance. We were successful in recovering the full amount of the policy limit for our client.

2014 Range Rover Sport V8 4dr Wagon Supercharged – $7,500

This is a 2014 Range Rover Sport V8 4dr Wagon Supercharged had $9700.50 in damage. This is an aluminum car which requires certified technicians to repair this expensive sport utility vehicle. We recovered $7,500.00 for our client for diminished value.

2013 Dodge Ram – Successful Claim

This is a 2013 Dodge Ram pickup that had the entire frame was replaced. We made a successful diminished value claim for our client who owned this truck.

2015 Land Rover Range Rover – $13,900

This is a 2015 Land Rover Range Rover with 1,500 miles which cost about $96,000. A driver who was having a medical condition hit the side of this car causing about $21,000.00 in damage. We recovered $13,900.00 for diminished value for our client.

2016 Honda Odyssey – $9,552

This is a brand new 2016 Honda Odyssey what had front-end damage. People buy these excellent cars for safety and convenience for their children. This vehicle suffered more than $13,000.00 in damage. We were successful in recovering $9,552.00 for our client for diminished value.

2014 Land Rover RR Sport – $20,617

This is a 2014 Land Rover RR Sport what suffered massive damage. We recovered $20,617.00 for our client for diminished value.

2016 Land Rover Sport – $10,000 plus Personal Injury

This is a brand new 2016 Land Rover Sport that was rear-ended on I-4. Part of our investigation sometimes involves taking high quality photographs to prove the force of an impact and to prove how the accident occurred. Here, I took these pictures which proved to be invaluable in this case. The at-fault party only had $10,000 in property damage liability insurance which we did recover for our client. We were also successful in recovering more than $100,000 for our client’s injury claim.

2014 Chevy Silverado – $10,000

It is a privilege for me to represent members of our military and veterans. My father was in the Army Air Corps in World War II. In this case, I was contacted by a retired Army General whose 2014 Chevy Silverado was in a significant accident. The General’s truck had about 52,500 miles he was meticulous about maintenance. The damage cost about $16,000.00 to repair. I recovered $10,000.00 in diminished value for my client. I was pleased the my client appreciated my efforts on his behalf. A very satisfying case for me.

2016 Ford Focus – $10,000

This is a 2016 Ford Focus that suffered massive front end damage and air bag deployment. We recovered $10,000.00 in diminished value for our client.

2013 Daybreak 34KD Recreational Vehicle – $15,000

This is a 2013 Daybreak 34KD Recreational Vehicle which was damaged while in storage. We made a claim for diminished value and loss of use. The insurance company would not offer any money so we filed suit. The defense claimed that there was no valid claim for loss of use. We were able to prove that even though the vehicle was in storage, our clients were legally entitled to loss of use. We recovered $15,000.00 for diminished value and loss of use, and our clients were very happy with the result.

2016 Toyota Highlander – $23,287

This brand new 2016 Toyota Highlander was damaged in an accident in Tennessee. Yes, we can represent clients who are in accidents outside of Florida. The cost to repair this Toyota was approximately $26,000.00. Our client had travel expenses to return to Tennessee to recover the vehicle after it was repaired. We were successful in recovering for our client’s travel expenses, diminished value and loss of us. Total recovery was $23,287.83.

2007 Aston Martin Vantage V8 – $15,000

This 2007 Aston Martin Vantage V8 which was rear-ended causing $14,723.00 in damage. We recovered $15,000.00 in diminished value and loss of use damages for our client.

2014 Land Rover RR Sport – $20,617

This is a 2014 Land Rover RR Sport what suffered massive damage. We recovered $20,617.00 for our client for diminished value.

2003 Porsche 911 Turbo X50 – Large Verdict Awarded

Our client just bought a classic 2003 Porsche 911 Turbo X50 when it was rear-ended by another driver. The insurance company refused to offer much to settle the case. We filed a lawsuit, and a Palm Beach jury awarded five times the amount of the insurance company’s highest offer for diminished value and loss of use.