
The(ACV)Actual Cash Value Policy DOES NOT insure the property itself but the VALUE of the property.
Okay let's say the insurance company chooses to "Repair" their insureds damaged property (as is their option within their contract of insurance). HOWEVER, such an election DOES NOT relieve them of their contractual duty to restore the Pre-Loss VALUE of the motor vehicle.
To whatever extent such repair's fail to restore that motor vehicles Pre-Loss VALUE , should be tendered to the policyholder in cash - - and failure to do so is nothing less than insurer fraud! (AND YET, the majority of them will NEVER restore the car to its Pre-Loss VALUE and when you ask them for cash they'll laugh out loud at your "Foolishness")!
Items are all too often repaired improperly or overlooked completely.
Several of these typical repair-related items could be: Poor quality repairs, improper welding, or flawed refinish operations.
"Diminished Value" is clearly owed and if a vehicle has not been brought back to it's pre-accident function, appearance, safety, and value. QUESTION: "How often is this done?" ANSWER: " If they can get away with it - - Never!"
THERE ARE THREE BASIC TYPES OF DIMINISHED VALUE
#1. "Inherent Diminished Value": This is the automatic and unavoidable loss of market value simply due to the fact than a motor vehicle has been involved in an accident. It many cases it's mandatory that previous damage is made known to a prospective buyer. QUESTION: "Is a prospective buyer told that the motor vehicle has been in an accident?" ANSWER: "NO!"
#2. "Insurance Related Diminished Value": This comes to pass due to oversights and/or omissions by the insurance company on their appraisal. And also, because of the use of "Imitation Replacement" parts. QUESTION: "Is ANYBODY ever made aware of this?" ANSWER: "No, Dan Baldyga was in the business of Insurance Claims for 35 years, and I NEVER knew anybody who was made warned of that!"
#3. "Repair Related Diminished Value": This is the amount which the motor vehicle was depreciated due to improper or incomplete repairs, poor quality repairs, and/or un-repaired items that were compensated for within the insurance appraisal. QUESTION: "Is the insured or the person who is about to buy that car told this?" ANSWER: "You've got to be kidding!"
Auto repair shops (even the most advanced) do not have access to the type of equipment and it's IMPOSSIBLE for them to afford such technology that a manufacturer can. And, that being the provable case, you're not going to be returned your car in the absolutely perfect value it was when it came off the assembly line!
It's a fact of life that should a potential buyer discover the motor vehicle one is about to buy has been in an accident that it's going to be worth less money. Because of that almost every damaged motor vehicle will have some possible inherent "Diminished Value" which can evolve into an actual loss to the consumer. This loss is owed by the insurer (due to their alleged promise in which they've implied to their insured within the confines of their insurance contact with them) that would be made "Whole".
PLUS THERE ARE MANY OTHER "REPAIR PROBLEMS". (The following are 4 of the most potential of them bubbling and boiling under the surface):
#1. Most consumer's don't know what kind of parts they're getting. They assume their motor vehicle will be restored to its pre-crash condition.
#2. Too often the "Imitation Parts" don't match the car's contours leaving an all too often impossible mess to correct.
#3. When it comes to fenders there are "Fit Problems". Some require widening the holes or using shims. Many don't match the contour of the car and require significant reworking.
#4. Replacement bumpers often need to be re-drilled or widened leaving large gaps or uneven surfaces.
DISCLAIMER: The only purpose of this article "YOUR CARS AFTER-IMPACT DIMINISHED VALUE" is to help people to understand the motor vehicle accident claim process. Neither Dan Baldyga, Christoper M. Knight nor EZINE ARTICLES make any kind of guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, claims adjuster, or the like. Where such professional help is desired IT IS THE INDIVIDUAL'S RESPONSIBILITY to obtain said services.
Dan Baldyga's third and latest book, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA explains how to determine the value of the "Pain and Suffering" you endured - - because of your personal injury.
Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved
Dan Baldyga - Author
dbpaw@comcast.net
http://www.autoaccidentclaims.com or
httpf://www.caraccidentclaims.com
Dan Baldyga is a retired Insurance Claim man. He was an Adjuster, Supervisor, and Claims Manager for 30 years and then spent anoter 5 as a Trial Consultant. He has written 3 highly successful "How To" Automobile Accident Books. He can be reached at dbpaw@comcast.net.
AP - Pushed by fellow Democrats, President-elect Barack Obama agreed to modest changes in his proposed tax cuts on Friday after inviting lawmakers to "just show me" ideas for fixing an economy shedding jobs at an alarming rate. Democratic congressional officials said that Obama aides came under pressure in closed-door talks to jettison or significantly alter a proposed tax credit for creating jobs.
AP - Gov. Rod Blagojevich was impeached Friday by Illinois lawmakers furious that he turned state government into a "freak show," setting the stage for an unprecedented trial in the state Senate that could get him thrown out of office.
AP - Israeli jets and ground troops hammered at Hamas targets in the Gaza Strip and Islamic militants fired barrages of rockets at southern Israeli cities Friday, ignoring a U.N. resolution calling for an immediate cease-fire after two weeks of combat.
AP - Speaking out two years after being embroiled in a gay sex scandal, former evangelical pastor Ted Haggard said Friday his sexual identity is complex and can't be put into "stereotypical boxes," but that his relationship with his wife is stronger than ever.
AP - A Texas death row inmate with a history of mental problems pulled out his only good eye and told authorities he ate it. Andre Thomas, 25, was arrested for the fatal stabbings of his estranged wife, their young son and her 13-month-old daughter in March 2004. Their hearts also had been ripped out. He was convicted and condemned for the infant's death.
AP - Birders with binoculars and cameras are flocking to a remote state park in search of a small yellow-chested bird that apparently crossed the U.S. border for the first time from its high-mountain habitat to the south.
AP - Patrick Swayze has checked himself into the hospital for observation after contracting pneumonia, A&E President Abbe Raven announced Friday at a meeting of the Television Critics Association. Swayze was scheduled to appear to discuss his upcoming drama "The Beast."
AP - A new lease on life at 140? That's what a Manhattan lobster got Friday, when the 20-pound crustacean named George was released from a swanky Park Avenue restaurant's tank. City Crab and Seafood agreed to a request from People for the Ethical Treatment of Animals to let the lobster return to the Atlantic Ocean.
Reuters - Citigroup Inc is in advanced talks to sell its Smith Barney brokerage unit to Morgan Stanley, a person familiar with the matter said on Friday, in a move that would further dismantle the financial supermarket that has been bailed out by the U.S. government.
Reuters - The Illinois House of Representatives impeached Gov. Rod Blagojevich on Friday for abuse of power, including a charge that he tried to sell President-elect Barack Obama's former U.S. Senate seat.
Reuters - Israel pressed on with a punishing Gaza offensive and Hamas sent more rocket salvoes into southern Israeli towns in a two-week-old war that continued to defy international efforts to stop it.
Reuters - President-elect Barack Obama and a key Democratic lawmaker revealed plans on Friday to overhaul the government's $700 billion financial rescue fund as a way to aid struggling homeowners and speed the flow of credit.
Reuters - The unemployment rate surged to the highest in nearly 16 years last month as a deepening year-long recession forced companies to axe more than half a million jobs, government data showed on Friday.
Reuters - The U.S. Supreme Court said on Friday it would consider a challenge to a central provision of the 44-year-old voting rights law aimed at preventing states and local governments from making it harder for minorities to vote.
Reuters - A top bank industry group said on Friday that it opposes an agreement between Citigroup Inc and Democratic senators that would rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, saying it could make home loans more expensive.
AFP - Israel's offensive against Hamas in the Gaza Strip was set to enter its third week on Saturday, with both sides brushing off a UN appeal to halt devastating attacks that have claimed over 800 lives.
AFP - Somali pirates said Friday they had freed a Saudi-owned supertanker, whose capture nearly two months ago caused panic in international shipping and spurred the world into tougher anti-piracy action.
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