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Old 12-08-2005, 11:03 PM
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davestlouis davestlouis is offline
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Join Date: Dec 2005
Location: Cincinnati, OH
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The insurance company doesn't owe for locating and putting you in an LKQ car (like kind and quality) they owe for the ACV(actual cash value) and some loss of use (rental) during the time when you are negotiating the value and then several days after settlement offers are tendered so you can scrounge-up another car. Please understand that diminished value is a tricky thing too, historically applied only to exotics, but spreading in recent years. In my experience, the only way to prove diminished value to satisfy the insurance company is to fix the car, then sell it at a clearly-identified loss...the dealer you sell it to states he would have given you X dollars more if the car had never been damaged. The point is, it must be a real loss that you can document, not a hypothetical loss. "What-if's" don't count. Keep in mind that statutes vary locally and what applies in MO likely is different in other areas.
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