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11-12-2009, 04:24 PM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,592
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Not Ranked
Quote:
Originally Posted by patrickt
Does California recognize diminution of value claims?
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Wouldn't that also happen with fiberglass, when viewed from underneath? I remember people at Corvette shows constantly checking for seams under my Corvette. 
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11-12-2009, 04:29 PM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,025
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Not Ranked
Quote:
Originally Posted by RodKnock
Wouldn't that also happen with fiberglass, when viewed from underneath? I remember people at Corvette shows constantly checking for seams under my Corvette. 
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On my car I can't tell that there's been any repair (and I know where to look too). In fact, if I were told to find the ding in the fiberglass on my car by looking underneath, I would guess that it's somewhere other than where it really is. If, after the repair is performed, you can tell that a repair has been performed, then the OP is entitled to a diminution of value payment (in my book, at least), because the car is not the same, and never will be.
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11-12-2009, 04:33 PM
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CC Member
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Join Date: Jul 2008
Location: Driftwood,
TX
Cobra Make, Engine: Contemporary Cobra, 427 side oiler
Posts: 1,850
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Not Ranked
Quote:
Originally Posted by patrickt
If, after the repair is performed, you can tell that a repair has been performed, then the OP is entitled to a diminution of value payment (in my book, at least), because the car is not the same, and never will be.
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Some interesting case law reading on this subject for all 50 states here:
http://www.mwl-law.com/CM/Resources/...imuinution.pdf
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11-12-2009, 04:39 PM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,592
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Not Ranked
Quote:
Originally Posted by patrickt
On my car I can't tell that there's been any repair (and I know where to look too). In fact, if I were told to find the ding in the fiberglass on my car by looking underneath, I would guess that it's somewhere other than where it really is. If, after the repair is performed, you can tell that a repair has been performed, then the OP is entitled to a diminution of value payment (in my book, at least), because the car is not the same, and never will be.
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I don't disagree with you about the diminution of value, and I'm not an alloy expert, but isn't seaming aluminum the manner in which a Kirkham is built when it's built in Poland?
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11-12-2009, 04:47 PM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,025
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Not Ranked
Quote:
Originally Posted by RodKnock
I don't disagree with you about the diminution of value, and I'm not an alloy expert, but isn't seaming aluminum the manner in which a Kirkham is built when it's built in Poland?
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Believe it or not, you have stumbled in to an area that I know absolutely nothing about.  But if this was my car, I would give the Kirkham bros. the exact same instructions that I gave Connecticut Custom -- "make the car look exactly like it did when it was first built." I'm sure the Kirkham bros. can do it, it'll just cost a good bit. But in my book, the owner of the BMW should pay for all of those repairs.
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11-13-2009, 01:36 AM
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Regularly Offensive
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Join Date: Feb 2006
Location: yuba city,
ca
Cobra Make, Engine: spf
Posts: 1,231
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Not Ranked
Rodknock, they did a number of free repairs at the WSCB. I sat on a stool and watched the magic. Not on mine cause it was spf. 
__________________
Ed
Too close for missles, switching to guns.........
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