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fishythepete t1_j80oi3h wrote

What’s the value of the claim?

If it’s less than $2,500 just small claims it.

If it’s less than than $50,000 your probably SOL unless you want to cough up $10-$20K paying hourly - no one will take a DV claim in that range on contingency because even if you win at best they break even, and unless you’ve recognized the loss by selling the car, you’re probably not going to “win”.

If it’s over $50K in DV or you want to pay out of pocket to make a point DM me and I’ll get you a name, but you’re probably still paying out of pocket unless the DV loss element alone is $100K+.

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fishythepete t1_j811xw8 wrote

Replying to ShiningSquirrel (#1,773,717)

Small claims it is then. The economic reality is an attorney wouldn’t be able to charge more than a 30-40% contingency fee. So on a $5,000 DV claim, they’re looking at a max of 10 hours worth of pay, and a pretty significant chance of nothing at all, and they’re probably going to spend well over 10 hours to get there.

Because there isn’t a statutory framework for determining DV, every case has to be negotiated or tried on its merits - that’s expensive. It’s one thing to say my brand new $30,000 car has a DV of $3,000 from an accident - but if you keep it for 7-8 years the actual DV loss is closer to $300, and the value of $300 in 7 years is less than $300 today and much less than $3,000 today. So what should you get? The present value of $300? Or $3,000? Unless you routinely sell your cars when they’re a year or two old, $3,000 more than makes you whole, and that’s the remedy you’re owed. To be made whole - no more, no less.

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