Personal InjuryAdditional Personal Injury Questions and Answers
A valet company hit my car and are low balling the estimate and my car is a brand new 2008 S-Class Mercedes Benz. They are using recycled parts. Also not willing to pay diminished value. What should I do?
You are in a tough spot. I won't let anyone put anything but original manufacturer's parts on any car much less a new S MBZ. There is no doubt that your "S" is worth less now, due to the damage. You are entitled to original manufacturer's parts. Insist on it.
You will probably have to actually sue the valet company to get what you are due. However, it is a losing proposition when you consider your time and the cost of an attorney. It would be difficult to prevail in such a lawsuit without the help of an attorney, unless you are in small claims court. The cost of the attorney may offset the extra amount an attorney can get for you. You would need an expert opinion as to the reduced value of your car in a Superior Court case. The expert opinion will cost $500 - $1,000.
You may be better off going through your own insurance to have your car repaired properly. You'll have to pay the deductible. Then you sue the valet company in small claims court. The maximum you can sue for in small claims court is $7,500. Sue the valet company for your deductible and the diminished value of your "S". Bring to small claims court a written expert opinion if you can get one cheap enough. If not, get a written opinion of trade in value from the dealer you bought the car from as to how much the trade in value would have been without the damage and then how much after the damage has been repaired. The salesman that sold you the "S" will probably help you out. He will want your loyalty when you buy your next MBZ.
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