sorry to hear that. unfortunately, it's my experience that crappy cars beget crappy drivers (or vice versa). I'm sure a reputable body shop can make that right.

 

interesting..

not sure if this is a valid claim,tho.. even if i will be losing $$ on the re-sale value..

but since i am convinced of mal-intent of the other driver, it would be nice to make him pay.

wonder if any attorney can make a case out of it..

 

Just nosy: does the police report support your claim? A few years ago I got hit by a guy ( A freakin' local banker ) pulling out of a parking lot with a stop sign onto a 4 lane road. He was all apologies but subsequently claimed that I was speeding and otherwise could have stopped. I won but it took two months of arguing with my now EX insurance agent. Not my p-car but damage similar to yours starting at headlight then all the way back.

 

Once liability is resolved, I believe in Calif the guy's insurance company will have to pay over the undisputed amount, i.e., the cost of the repair, and rental. You could then go after him in small claims for the disputed amount, i.e., loss of value, up to $7500. Just be sure never to concede that their payment is full satisfaction, or give up your claim to loss of value. Not allowed to use a lawyer in small claims, though, which is good (your cost is limited to a filing fee) and bad (you have to do your own research and argument, draft your own affidavits). Maybe get a book from Nolo Press from the library or bookstore on handling small claims.

I still think the principle is sound. Suppose I own a field, and a neighbor's spraying has contaminated the soil. Sure, we can remediate some, but it will affect the land value going foward and I should be able to recover for that. Suppose I own a Ming vase, and someone breaks the handle off. Sure, I can have it expertly fixed, maybe to an undetectable degree, but I'd have to disclose that history and it would affect its value. I should be able to recover for that loss of value, based on a couple appraiser's statements. Wonder if you could do an empirical study on Cars.com, looking at car fax reports, to see how 1 accident affects the list price. I bet also that car fax has some sort of descriptor for those cars showing an accident, that says something about affecting value and integrity (e.g., doesn't any intrusion down to the metal raise the specter of future rust, no matter how good the repair?). I haven't researched any of this, but I bet this has been discussed on the Internet, and in court opinions, if not in this precise context, at least one closely analogous.

 

Here's an article about class action suits against Toyota for loss of resale value (surely even after recall repairs were done):
http://commonlaw.findlaw.com/2010/02...oss-suits.html