New Ytest
Sign out
Bimmerpost
Login
BMW E39 5-Series Forum | 5Post.com
BMW Garage BMW Meets Register Today's Posts  
Go Back   BMW E39 5-Series Forum | 5Post.com > BIMMERPOST Universal Forums > Off-Topic Discussions Board

Post Reply
 
Thread Tools Search this Thread
      03-08-2022, 07:25 PM   #1
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

Sale/Trade-in value loss after accident

My GLC300 got rear-ended two months ago. Got it back today. Full repaired using all MB parts. Looks like new. There was no major structural damage. Just suspension and body parts.

Here's what I'm waffling about. According to the body shop guy and another repair shop owner I know, replacing parts damaged in an accident is no different than replacing parts that failed and were replaced under warranty. For instance, the ignition switch on this car failed within the first week I owned it. That part having been replaced will not show up in Carfax or affect the value of the car. But the repair to this car because of this accident will show up in Carfax. Insurance companies don't recognize diminished value after an accident if the car was repaired to new specs by a legit repair shop. IOW, if my car was worth $36k before the accident, got fully repaired, and then totaled in another accident the same day I picked it up from the repair shop, the insurance company would still consider it a $36k car.

The problem is that I won't be trading this car in to an insurance company. I'll be trading it in to a dealer or selling it outright. In both cases, Carfax showing an accident in the history is almost certainly going to reduce the perceived value of the car. Is there a legit reason that this car should be worth less if it's been properly restored to its previous condition (or even better)? How much damage needs to be done to a car to reduce its supposed value? If the bumper were scratched or dented and replaced, does that mean the car is now worth less?

I've always assumed that damage from an accident will cause a car to lose value either as a trade-in or outright sale. But now I questioning why that is.

A friend of mine who is a former lawyer thinks I should have my dealer give me numbers showing what they would offer in trade before and after the accident and try to recoup that loss from the insurance company. The dealer has agreed to do that. But is that value loss actually legitimate?

This forum seems to have a good mix of folks with experience in these areas. I'd love to hear some arguments for both sides because I'm undecided on it.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 0
      03-08-2022, 07:32 PM   #2
kscarrol
Brigadier General
kscarrol's Avatar
United_States
9560
Rep
4,130
Posts

 
Drives: 2021 X3 M40i, 1974 2002 Tii
Join Date: Jun 2010
Location: Greenville, SC

iTrader: (0)

Quote:
Originally Posted by M_Six View Post

I've always assumed that damage from an accident will cause a car to lose value either as a trade-in or outright sale. But now I questioning why that is.

A friend of mine who is a former lawyer thinks I should have my dealer give me numbers showing what they would offer in trade before and after the accident and try to recoup that loss from the insurance company. The dealer has agreed to do that. But is that value loss actually legitimate?

This forum seems to have a good mix of folks with experience in these areas. I'd love to hear some arguments for both sides because I'm undecided on it.
Why? Because not all, and I suspect most, are not repaired with OEM parts as yours was. Even if so, how good is the shop that did the work? I get why used car buyers will pay less for a car in an accident...

As for your lawyer friend, I agree with him, if IL recognizes "diminished value" which the insurance can/should compensate for in addition to the actual damages. Not all states recognize diminished value and it can be an uphill battle with the insurance company paying the claim.
__________________
2021 X3 M40i
1974 2002tii, Inka, 5 sp manual
BMWCCA # 327475
Appreciate 1
M_Six19190.00
      03-08-2022, 07:44 PM   #3
Nuckle
Captain
2281
Rep
600
Posts

 
Drives: 2023 Defender X
Join Date: Aug 2017
Location: Birmingham, AL

iTrader: (0)

You should be completely covered for your loss in the accident which includes the fact that your car will bring less when you sell or trade it due to the accident. I would seek $6000-$7000. I have been down this road and Alabama has no laws for it but I did refuse to sign the medical release form until I was compensated. Keep your head and keep the L word out of the conversation for as long as you can.
Appreciate 1
M_Six19190.00
      03-08-2022, 11:05 PM   #4
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

Quote:
Originally Posted by Nuckle View Post
You should be completely covered for your loss in the accident which includes the fact that your car will bring less when you sell or trade it due to the accident. I would seek $6000-$7000. I have been down this road and Alabama has no laws for it but I did refuse to sign the medical release form until I was compensated. Keep your head and keep the L word out of the conversation for as long as you can.
If I didn't know better, I'd think you were my lawyer friend. He also suggested $7k as a starting point and also warned me against mentioning the L word.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 1
Nuckle2281.00
      03-08-2022, 11:15 PM   #5
Nuckle
Captain
2281
Rep
600
Posts

 
Drives: 2023 Defender X
Join Date: Aug 2017
Location: Birmingham, AL

iTrader: (0)

Quote:
Originally Posted by M_Six View Post
Quote:
Originally Posted by Nuckle View Post
You should be completely covered for your loss in the accident which includes the fact that your car will bring less when you sell or trade it due to the accident. I would seek $6000-$7000. I have been down this road and Alabama has no laws for it but I did refuse to sign the medical release form until I was compensated. Keep your head and keep the L word out of the conversation for as long as you can.
If I didn't know better, I'd think you were my lawyer friend. He also suggested $7k as a starting point and also warned me against mentioning the L word.
Hahahaha. Not an L but been down this road before. Insurance companies are trying to live in the days before carfax and that is not today's world. Your local dealer may confirm the diminished value if you contact them. Listen to your friend!
Appreciate 0
      03-08-2022, 11:40 PM   #6
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

I'm reading about the 17c rule (from a court case about diminished value). It caps diminished value at vehicle worth x .10. I don't believe NADA and Kelly Blue Book have caught up with the current market either as real world used car prices are insane now. But Carvana has a car with similar specs as mine (2016 MB GLC300 4-matic with 66k miles) listed for $30,900. So $31k x .10 is $3100. So should that be my rock bottom, take-it-or-leave-it number? How do I justify asking for $6-$7k? Illinois is a diminished value state, btw.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 0
      03-08-2022, 11:59 PM   #7
DETRoadster
Space Force - 4 Star General
DETRoadster's Avatar
11496
Rep
3,265
Posts

 
Drives: M2 MG 6MT / Moto Guzzi V7
Join Date: Jul 2016
Location: Seattle

iTrader: (1)

Good luck. I went through this with my M2 and finally just gave up. They weren't going to budge and basically said "you are welcome to take us to court." My car was also lightly damaged with all repairs being completed by simply bolting new parts on. I consulted a diminished value appraiser who said that diminished value claims that are successful are based on frames being stretched, pulled, bent, banged, and welded back into place. You can make a claim that the metal is fatigued and is no longer good as new, thus the value has diminished.

In cases like yours and mine, we have what is known as a "stigma" loss. Parts were simply bolted back on, your car is in fact as good as new, but you now carry the stigma of an accident and is in fact worth less. Just like if you had 2 identical classic cars with identical specs and stats but 1 is a 1-owner and the other has had 25 owners. The 25-owner car will be worth less because there's a stigma around having so many owners, even though it's effectively the exact same car as the 1-owner.

Insurance companies wont pay out diminished value claims based on a stigma loss. You have no ground to stand on, legally, and the insurance companies know it. You're better off telling them your neck hurts and getting a nice massage once a week for the next couple years. Not that I'd endorse that sort of thing...
Appreciate 4
M_Six19190.00
Wolf 3352562.00
Rahul718159.50
      03-09-2022, 12:01 AM   #8
Nuckle
Captain
2281
Rep
600
Posts

 
Drives: 2023 Defender X
Join Date: Aug 2017
Location: Birmingham, AL

iTrader: (0)

Quote:
Originally Posted by M_Six View Post
I'm reading about the 17c rule (from a court case about diminished value). It caps diminished value at vehicle worth x .10. I don't believe NADA and Kelly Blue Book have caught up with the current market either as real world used car prices are insane now. But Carvana has a car with similar specs as mine (2016 MB GLC300 4-matic with 66k miles) listed for $30,900. So $31k x .10 is $3100. So should that be my rock bottom, take-it-or-leave-it number? How do I justify asking for $6-$7k? Illinois is a diminished value state, btw.
See if your local dealer or carmax or the like will tell you the difference in value and use that as your number. After all you nor I would want more or less than we are due. The car in question for me was only a year old.

My unibody did need adjustment.
Appreciate 0
      03-09-2022, 07:35 AM   #9
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

Quote:
Originally Posted by DETRoadster View Post
Good luck. I went through this with my M2 and finally just gave up. They weren't going to budge and basically said "you are welcome to take us to court." My car was also lightly damaged with all repairs being completed by simply bolting new parts on. I consulted a diminished value appraiser who said that diminished value claims that are successful are based on frames being stretched, pulled, bent, banged, and welded back into place. You can make a claim that the metal is fatigued and is no longer good as new, thus the value has diminished.

In cases like yours and mine, we have what is known as a "stigma" loss. Parts were simply bolted back on, your car is in fact as good as new, but you now carry the stigma of an accident and is in fact worth less. Just like if you had 2 identical classic cars with identical specs and stats but 1 is a 1-owner and the other has had 25 owners. The 25-owner car will be worth less because there's a stigma around having so many owners, even though it's effectively the exact same car as the 1-owner.

Insurance companies wont pay out diminished value claims based on a stigma loss. You have no ground to stand on, legally, and the insurance companies know it. You're better off telling them your neck hurts and getting a nice massage once a week for the next couple years. Not that I'd endorse that sort of thing...
They did offer me $1k to settle right off the bat, so hopefully they'll go a bit higher.

Quote:
Originally Posted by Nuckle View Post
See if your local dealer or carmax or the like will tell you the difference in value and use that as your number. After all you nor I would want more or less than we are due. The car in question for me was only a year old.

My unibody did need adjustment.
My dealer did agree to give me such an estimate. I'll use that to go back to the insurance company.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 1
DETRoadster11495.50
      03-09-2022, 08:13 AM   #10
2000cs
Captain
3889
Rep
1,003
Posts

 
Drives: Potato
Join Date: Feb 2012
Location: USA

iTrader: (1)

Also, its more work, but you can search the nation for your year, model and mileage, then rank by condition and accident history. You should be able to see the difference in asking prices for the ones with major accident repairs.

Check MBZ certified program details. Would they even buy your vehicle? Some programs won’t - which clearly diminishes the value.
Appreciate 0
      03-09-2022, 08:27 AM   #11
Tommy-G
Captain
Tommy-G's Avatar
4605
Rep
694
Posts

 
Drives: 2015 435 Vert Alpine White
Join Date: Apr 2010
Location: Bradenton FL

iTrader: (0)

M_Six I skipped right to the bottom....100% false info from your shop. If your state recognizes diminished value you are 100% entitled to it REGARDLESS of how the vehicle is repaired.
The value of the vehicle is less due to the carfax/claim/accident NOT grading the quality of the repairs.

Ill read the rest of the thread and come back
Appreciate 0
      03-09-2022, 09:37 AM   #12
DETRoadster
Space Force - 4 Star General
DETRoadster's Avatar
11496
Rep
3,265
Posts

 
Drives: M2 MG 6MT / Moto Guzzi V7
Join Date: Jul 2016
Location: Seattle

iTrader: (1)

Quote:
Originally Posted by M_Six View Post
They did offer me $1k to settle right off the bat, so hopefully they'll go a bit higher.



My dealer did agree to give me such an estimate. I'll use that to go back to the insurance company.
Same here. $1k offer to settle all claims immediately. The company of the driver who hit me was refusing to pay for OEM parts so I held out on settling anything until they finally caved on that but it took 3 months. In the meantime I had to pay out of pocket to get the car out of the shop as they were tired of holding it while I battled with Liberty Mutual. In the end though, I took the $1k and just went on with my life. I probably lost $1k or $2k on resale value due to the accident when I sold the car but no more than that.

Do you have a 2nd car by chance? One thing you could do is treat the current used car market like the stock market and "buy low, sell high." In other words, get the car fixed and sell it now while prices are through the roof. Hold the cash for a couple years, drive the 2nd car, and wait until prices come back down. That's what I did. Any "loss" in value from the accident was more than offset by the bat-shit crazy used car market prices right now.
Appreciate 0
      03-09-2022, 10:18 AM   #13
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

Quote:
Originally Posted by DETRoadster View Post
Same here. $1k offer to settle all claims immediately. The company of the driver who hit me was refusing to pay for OEM parts so I held out on settling anything until they finally caved on that but it took 3 months. In the meantime I had to pay out of pocket to get the car out of the shop as they were tired of holding it while I battled with Liberty Mutual. In the end though, I took the $1k and just went on with my life. I probably lost $1k or $2k on resale value due to the accident when I sold the car but no more than that.

Do you have a 2nd car by chance? One thing you could do is treat the current used car market like the stock market and "buy low, sell high." In other words, get the car fixed and sell it now while prices are through the roof. Hold the cash for a couple years, drive the 2nd car, and wait until prices come back down. That's what I did. Any "loss" in value from the accident was more than offset by the bat-shit crazy used car market prices right now.
We have Wifey's car, but we can't get by with just that. This car is paid off and gets very few miles every year, so I'll probably just hold onto it. There isn't much out there that makes me want to trade it in now. I'm stunned at how low my usual dealer's inventory is. They used to have dozens of CPO cars and virtually the entire new model lineup for BMW, MB, Porsche, and Volvo. I used to surf their site just for the eye candy. Now you go there and see just a few pages of cars. It's depressing.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 0
      03-09-2022, 10:28 AM   #14
G35POPPEDMYCHERRY
Banned
G35POPPEDMYCHERRY's Avatar
No_Country
5006
Rep
4,135
Posts

 
Drives: F80
Join Date: Dec 2015
Location: Philadelphia

iTrader: (1)

As I read this, thoughts came back to me why I didn't go through with this when I got rear ended(felt like I should have)...then I realized lifes too short to fight these battles.

not a dig at you man. Just my 2 cents
Appreciate 1
M_Six19190.00
      03-09-2022, 11:14 AM   #15
M_Six
Free Thinker
M_Six's Avatar
United_States
19190
Rep
7,541
Posts

 
Drives: 2016 MB GLC300 4matic
Join Date: Jan 2009
Location: Foothills of Mt Level

iTrader: (0)

Quote:
Originally Posted by G35POPPEDMYCHERRY View Post
As I read this, thoughts came back to me why I didn't go through with this when I got rear ended(felt like I should have)...then I realized lifes too short to fight these battles.

not a dig at you man. Just my 2 cents
I hear ya. I don't plan on getting too wrapped up in this. I'll give it a shot and take the low hanging fruit. As I said, the body shop did a stellar job. The car looks and rides great. By the time I'm ready to get rid of this car, it'll be worth a lot less due to age and mileage at that point, so the diminished value won't play as much of a role.
__________________
Mark
markj.pics

"Life is uncertain, eat bacon now."
-UncleWede
Appreciate 1
      03-09-2022, 06:09 PM   #16
Maynard
Colonel
United_States
4190
Rep
2,953
Posts

 
Drives: 228iX & M2C
Join Date: Mar 2016
Location: Upstate NY

iTrader: (1)

I recall another thread on this with some fairly detailed info on how to approach the claim - either here or on the 2'er forum. Worth a search for it, sounded like they had been successful, IIRC there are some state-specific issues.
Appreciate 0
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 04:59 PM.




5post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST