Does anybody know if you can sue for depreciation in NYS?

BrokenVert · 06-25-2009, 05:41 PM

I got hit by a school bus as many of you know. For the past week and a half the bus company has been ignoring my calls asking them to put in an insurance claim. I remember a discussion about being able to sue for depreciation of the car in certain states. I'm getting a little pissed off and I want to do it if I can. Is NY one of the states where you can sue for it?

Also, I was fully not at fault for the hit.

Midgad · 06-25-2009, 07:16 PM

Hey BV,
Anyone can sue anyone.
Take out a smalls claims case in Nassau County for the amount you feel they have depreciated your car.
It does not matter what state a reward was issued, google to find out what state if any has upheld this award. Use this as as evidence for your case.
If you can prove it, or if they dont show up, you will win.
Btw, you can sue for up to $5000 in small claims court.
Also the bus company must be based in Nassau, if not you must sue where they are situated.
Also, bit of bad news, even if you win, might be tough to collect, you will probably need a attorney.
I have about 15 in my family if you need a reccom.
Good Luck,
(how much damage did the bus cause?)
And for the hell if it....More Good Luck!!

tommy · 06-26-2009, 12:12 PM

I'm wondering why you haven't either called their insurer directly, or just called it in to your own insurer. Seems to me like you're bypassing a couple of steps in the process.

Nothing against midgad's relatives, but once you get lawyers involved, you're going to lose money-wise even if you win.

Those are my 2 cents. And they're probably not even worth that much.

Good luck.

BrokenVert · 06-26-2009, 12:16 PM

I can't put a claim against the bus company because they are insured with the same insurance that I am. Its a stupid rule. And I am getting very pissed off that I am being pigeonholed.

tommy · 06-26-2009, 12:38 PM

OK, sorry for the useless post, then. Damn that's a f*cked up rule.

nordique14 · 06-26-2009, 12:42 PM

The proper term is diminished value. Tell your insurance company that you wish to be compensated for the diminished value of your vehicle when you have to sell it in the future. They will offer you some low amount and you will reject it. Repeat until they offer you an amount you are happy with.

BrokenVert · 06-26-2009, 12:53 PM

Quote:

Originally Posted by tommy

OK, sorry for the useless post, then. Damn that's a f*cked up rule.

Yep. They told me that I need to file the claim through my insurance. I am just standing their thinking fuck no. Because then I will need to pay for the repair, I can see that happening.

I have the poilce report saying the bus was fully at fault. I will need to file a lawsuit, and hopefully they will cave...but if they don't, they will lose.

Midgad · 06-29-2009, 02:58 AM

sometimes even the threat of a court visit settles things.
gl

Lester · 06-29-2009, 07:12 AM

But wait... shouldn't you sue the Acura TL owner first? Since he/she caused the first accident. I'm not a lawyer, but why would the Bus company be willing to pay for Diminished value when the car had alrerady had its' rear bumper replaced? Help me to understand why you believe the Bus company should pay you a settlement here.

BrokenVert · 06-29-2009, 08:04 AM

Quote:

Originally Posted by Lester

But wait... shouldn't you sue the Acura TL owner first? Since he/she caused the first accident. I'm not a lawyer, but why would the Bus company be willing to pay for Diminished value when the car had alrerady had its' rear bumper replaced? Help me to uinderstand why you beleive the Bus company should pay you a settlement here.

Ohh I would sue them both. I'm just getting very pissed at this company. The threat didn't make them respond. So off to court it is.

BTW my car has yet to be repaired. I bought my car to avoid school buses for the rest of my life. Is this Karma?

Italteen3 · 06-29-2009, 02:27 PM

I have been trying to do the same thing for my car for my accident back in spring. I'm STILL waiting for my deductible check back from my insurance company as well as a reply whether they will even pursue getting a reimbursement for any future diminished value the accident will have on my car.

Only had to have my rear bumper replaced, car re-aligned, and one piece of my suspension adjusted. So probably little to no depreciation, but I still wanted to try. If I hear anything, which I doubt, I will let you know.

06-25-2009, 05:41 PM	#1
BrokenVert Resident Kerbalnaut 477 Rep 10,703 Posts Drives: Topless Brute/Hybrid Boogaloo Join Date: Apr 2009 Location: Fahrvergnügen/NY iTrader: (0)	Does anybody know if you can sue for depreciation in NYS? I got hit by a school bus as many of you know. For the past week and a half the bus company has been ignoring my calls asking them to put in an insurance claim. I remember a discussion about being able to sue for depreciation of the car in certain states. I'm getting a little pissed off and I want to do it if I can. Is NY one of the states where you can sue for it? Also, I was fully not at fault for the hit. __________________
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06-25-2009, 07:16 PM	#2
Midgad Free Skier 28 Rep 439 Posts Drives: 128i Coupe, 6MT, M-Sports Join Date: Aug 2008 Location: LI,NY iTrader: (0)	Hey BV, Anyone can sue anyone. Take out a smalls claims case in Nassau County for the amount you feel they have depreciated your car. It does not matter what state a reward was issued, google to find out what state if any has upheld this award. Use this as as evidence for your case. If you can prove it, or if they dont show up, you will win. Btw, you can sue for up to $5000 in small claims court. Also the bus company must be based in Nassau, if not you must sue where they are situated. Also, bit of bad news, even if you win, might be tough to collect, you will probably need a attorney. I have about 15 in my family if you need a reccom. Good Luck, (how much damage did the bus cause?) And for the hell if it....More Good Luck!!
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06-26-2009, 12:12 PM	#3
tommy Benz Interloper 4 Rep 295 Posts Drives: 2002 Benz C230, 1990 CRX ZcSi Join Date: Jul 2007 Location: Westwood, NJ iTrader: (0)	I'm wondering why you haven't either called their insurer directly, or just called it in to your own insurer. Seems to me like you're bypassing a couple of steps in the process. Nothing against midgad's relatives, but once you get lawyers involved, you're going to lose money-wise even if you win. Those are my 2 cents. And they're probably not even worth that much. Good luck.
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06-26-2009, 12:16 PM	#4
BrokenVert Resident Kerbalnaut 477 Rep 10,703 Posts Drives: Topless Brute/Hybrid Boogaloo Join Date: Apr 2009 Location: Fahrvergnügen/NY iTrader: (0)	I can't put a claim against the bus company because they are insured with the same insurance that I am. Its a stupid rule. And I am getting very pissed off that I am being pigeonholed. __________________
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06-26-2009, 12:38 PM	#5
tommy Benz Interloper 4 Rep 295 Posts Drives: 2002 Benz C230, 1990 CRX ZcSi Join Date: Jul 2007 Location: Westwood, NJ iTrader: (0)	OK, sorry for the useless post, then. Damn that's a f*cked up rule.
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06-26-2009, 12:42 PM	#6
nordique14 Major 53 Rep 1,477 Posts Drives: SGM 135i 'vert Join Date: Feb 2008 Location: Sharks Territory iTrader: (5)	The proper term is diminished value. Tell your insurance company that you wish to be compensated for the diminished value of your vehicle when you have to sell it in the future. They will offer you some low amount and you will reject it. Repeat until they offer you an amount you are happy with.
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06-29-2009, 02:58 AM	#8
Midgad Free Skier 28 Rep 439 Posts Drives: 128i Coupe, 6MT, M-Sports Join Date: Aug 2008 Location: LI,NY iTrader: (0)	sometimes even the threat of a court visit settles things. gl
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06-29-2009, 07:12 AM	#9
Lester Brigadier General 295 Rep 3,350 Posts Drives: Join Date: Oct 2007 iTrader: (0)	But wait... shouldn't you sue the Acura TL owner first? Since he/she caused the first accident. I'm not a lawyer, but why would the Bus company be willing to pay for Diminished value when the car had alrerady had its' rear bumper replaced? Help me to understand why you believe the Bus company should pay you a settlement here. Last edited by Lester; 06-29-2009 at 08:11 AM..
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06-29-2009, 02:27 PM	#11
Italteen3 Captain 59 Rep 765 Posts Drives: 135i JB Join Date: Feb 2007 Location: Somewhere..... iTrader: (0)	I have been trying to do the same thing for my car for my accident back in spring. I'm STILL waiting for my deductible check back from my insurance company as well as a reply whether they will even pursue getting a reimbursement for any future diminished value the accident will have on my car. Only had to have my rear bumper replaced, car re-aligned, and one piece of my suspension adjusted. So probably little to no depreciation, but I still wanted to try. If I hear anything, which I doubt, I will let you know.
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