A man with a year old BMW was rear-ended at low speed. Even so, the frame was damaged. He filed a claim with the other driver’sinsurance company for the repairs, but the insurer didn't want to account for the frame damage. The company was willing to cover the bodywork, but that was all.
While the car would be drivable with the frame damage, it would have to be disclosed when the car was resold, considerably lessening the value of this car. This is called “diminished value.”
Without representation, this case was going nowhere. Higher-end cars are where more money is involved, and, as is often the case, the insurance company wanted to save money.
The strategy in this case was to make it not worth it for the insurance company to fight us. We managed to do that without suing them. To support our position, we located a former BMW-certified mechanic to talk about how the frame damage actually happened at low speed, and what a difference it would make in the resale value of the car.
On the basis of this expert opinion, the insurance company agreed to pay for the full loss, including the decrease in resale value.