Dear C43AMG:
Thanks for your reply. I see your argument, but I believe that I reserved my rights verbally in my negotiation with ins. co. executive.
Basically when I spoke to him I said that I'd accept the $6K if the ins. co. would pay for any later discovered damage related to the accident, if any, that we had not considered in that discussion. Since we based our negotiation on the ins. co.'s original damage estimate and since that time the mechanics have discovered additional suspension and uni-body damage not considered by us in those negotiations, it seems reasonable to me that the diminished value of the vehicle would be greater due to the greater damage it sustained. The mechanics' invoices, testimony and keeping my car for 3 weeks beyond the original estimated completion date shows the severity of that additional damage. Additionally, no fair and final estimate of the car's diminished value could be done until all the damage sustained by that vehicle is known and evaluated.
I'm pretty sure that the ins. co. believed that our negotiation was final; but for the actual terms of our verbal agreement, I myself do not believe that it was.
In any case, I will have to wait to see if the ins. co. pays the mechanics to repair that additional damage without seeking a general release from me before I can decide what to do.
Thanks
Marc (C43 for 1 hour)
[email protected]