It ain't happening.

Why not???

The insurance company's responsibility is to "make you whole" -- that is, give you back what you had, which was a five-month-old car. Five-month-old cars have horrible depreciation; it's the nature of the beast. You would have taken a bath trading it in on something else unless you were very very lucky. The fact that you were upside-down on the loan does not help (though almost everyone is upside-down after only five months). But fixing all that is not the responsibility of the company insuring the person who hit you. I'm sorry, but that's where you are.

If it were totaled you might have a leg to stand on because it's so new. Since it wasn't, they're obligated to repair it to pre-loss condition. That's all. The car depreciated the day you signed the papers to buy it, accident or no accident. They aren't responsible for that. If repaired properly, the best that could be argued would be that if two identical vehicles are for sale, one that has had a repair and the other hasn't, odds are the one that hasn't never been damaged would be chosen for purchase first. Not necessarily for more money.

If you were going to trade it in, you weren't going to get squat for it anyway. No way anyone would pay you the difference between whole sale which is the most any dealer anywhere would give you in trade, and retail because someone scratched your paint and paid to fix it.

If you're expecting more than that, you'd better start limping or come up with a sore neck or something. jmo

"If you're expecting more than that, you'd better start limping or come up with a sore neck or something. jmo"

too funny, mann!

In some states, you can sue for diminsihed value.

Having a car "repaired" does NOT make you whole (Did the car have a ton of bondo before you bought it?) Or, if you had a choice of two new cars , would you pick the one that was damaged on the way to the dealership?

I would never buy a car that's been in accident.

Perhaps the link below might help?

Here is a link that might be useful: Diminished value

**Having a car "repaired" does NOT make you whole (Did the car have a ton of bondo before you bought it?) Or, if you had a choice of two new cars , would you pick the one that was damaged on the way to the dealership?**

The owner chooses where the car is repaired. If it ends up with a gallon of bondo in it and a rattle can paint job, the owner made the choice to go to such a place that does things that way.

The diminished value arguement might hold a little water if we're talking about a rare one of a kind classic of some sort that truely is an investment and is in original condition. I have a feeling we're talking about something between a kia rio and a honda accord. Say you're right, whats the diminished value, a couple hundred bucks tops? One would even have to prove that some how.

This person was suffering from buyers remorse. Now at worst, they're hoping some poor sap will have to take it off their hands at full still on the lot retail because they had the misfortune of bumping into it. Ain't happening. If I were the insurance company, I'd tell the damaged party to go pound sand if they expected more than the car professionally repaired.

My idea is better. Go get a neck brace and a crutch. Get a note from Dr. Ben Dover and retain an ambulance chasing attorney.

"The owner chooses where the car is repaired. If it ends up with a gallon of bondo in it and a rattle can paint job, the owner made the choice to go to such a place that does things that way."
ROTFLMAO!

Yeah, you show me one auto body shop that can paint as good as the factory, and that can repair a rear quarter panel w/o bondo.

**Yeah, you show me one auto body shop that can paint as good as the factory, and that can repair a rear quarter panel w/o bondo.**

Like anything else, you get what you pay for. There are places everywhere that do work that meets or exceeds anything that comes out of the factory. Bondo Bob's discount auto body isn't the only act in town. Easy example, go to any car show anywhere. Tell the owners of some of those that in your opinion their cars are bondo specials and the factory paint looked better than the paint job they have and see what response you get. Better have an escape route before you say that though. News flash, body filler isn't a bad thing. The factory uses it too.

The owner chooses where to have their car repaired. It's up to the owner to do the research and pick a shop that replaces parts that need to be, only uses factory parts if you so desire, and has the ace painter and equipment. A good painter will have to take his skill level down a couple notches if anything to match the factory job. The hard part is trying to match the factory defects.

As to the subject of the thread, 90% of this cars' depreciation to date happened the second it was signed over to the puchaser and at that moment no longer considered 'new'. $ value lost due to this is minimal. The majority dollar value lost is due to buyer remorse, accident or no accident.

I understand feeling that if one wanted a wrecked or repainted car, one would have saved the money and purchased one used rather than pay extra for new. The reality of it is the other party and the insurance company are going to look at it as being repaired as good as it ever was. That's all that can be done so get over it. Unfortunately, that's life.

I think you guys would be surprised if you knew how many new vehicles are damaged, dented, scratched and repainted as a result of mishaps on the transport trucks from the factory. It happens every day. And the buyer is never aware of it.

That is the risk associated w/ driving

I recently leased a 2007 Mazda Cx-7 an was involved in a hit and run. My agent told me in the state of Georgia it is now the law if your car is less than 3 years old with less than 100,000 miles your insurance has to pay you for depreciated value if it's your fault or not. If you have a loan on the car or it's leased they will either send it to you to send to the lender, or to the lender itself. USAA sent me the check and I contacted Mazda American Credit and they said as long as the car was repaired to factory standards KEEP THE CKECK!!!

Try to find a very reputable repair shop. One that looks at everthing that was damaged and repairs it back to a safe and nice finished condition. There are some really good shops out there and the insurance has to use the one you pick, I believe. Don't skimp. Look at some of the cars they just completed to see how good the paint jobs are.