Report: #957852

Complaint Review: diminished

  • Submitted: Sun, October 21, 2012
  • Updated: Fri, December 21, 2012
  • Reported By: unhappy — portland Oregon United States of America
  • diminished

    United States of America

diminished diminished value oregon Inflated Diminished Value Report - My Lawyer laughed at it Internet

*Consumer Suggestion: Advice about diminished value claims

*REBUTTAL Owner of company: HOAX - Please Provide Proof of Transaction.

*Consumer Suggestion: Diminished Value

Show customers why they should trust your business over your competitors...

I had my vehicle repaired at Leifs Collision Center in Portland, Oregon. They repair was completed and I asked about diminished value.  The clerk gave me a card for Ken Nix, the owner of Diminished Value. net/ Diminished Value Oregon.  
Once I called Ken Nix he stated he would come out and inspect my car and write a diminished value report for the fee of $199.  I had called a few other appraisers and he was by far the cheapest. He stated I had a claim for over $8,000. Due to my repair being only $4,000 I thought that was odd. I unfortunately, went thru with the claim anyway.

The claim was turned into Safeco and Safeco laughed at the report.  I spoke with Ken again and he was friendly but could not help me.  I was not happy to put it midely. He told me to get a few dealer quotes and to turn in a demand letter. I did go to my local Acura Dealer and they stated the wreck had only decreased my vehicle by $1,5000.

Next, I spoke with an attorney and showed him my evidence. He looked at Ken's report and stated he would not take that to court because it was not credible.  After showing the report to a few more attorneys and dealers they all said the same thing. It appears I was taken.  

I am only writing this because I really feel that my diminished value claim was inflated and I wasted my $199.  Obvoulsy, Ken stated if I had not gotten $199 he woudl refund my fee but Safeco offered me a little more then $199 so I could not get my money back.
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This report was posted on Ripoff Report on 10/21/2012 07:20 AM and is a permanent record located here: The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Suggestion

Advice about diminished value claims


One of the reasons that Safeco "laughed at" your appraisal may have been the methodology used to arrive at the diminished value of your car. If, however, the independent appraiser named put in the time and effort to produce a credible report, Safeco may have simply been attempting to coerce you into accepting a lowball settlement amount.

There is certainly no shortage of scammers among the crop of independent appraisers offering automobile diminished value reports. Some of these charge $39.00 while others charge in excess of $400.00. Buying a cheap report results in wasted time and money and actually does harm your case by alerting the insurance company that you are a cheapskate and probably willing to accept whatever offer they present. However, paying a lot for a diminished value report doesn't automatically guarantee a quality product. Here are the things to insist upon when hiring an independent appraiser for an automobile diminished value report:

1) Make certain that the appraiser is state-licensed. It doesn't matter which state the license is held. The fact that the appraiser is held to high standards and could lose his or her license by producing fraudulent reports automatically guarantees a quality product. Many independent appraisers advertise that they are "certified" or have other designations. That simply says that the appraiser pays a yearly fee to maintain that designation. There is no penalty for wrongdoing except censure in web sites such as Ripoff Report or The Better Business Bureau.

2) The diminished value report should be based on the opinions of dealers, not on random formulas or generic auto auction results. Formulaic appraisals are simple to arrive at but as insurers have their own formulas, this approach will yeild little by way of positive results. Likewise, auto auction results are looked upon by insurance companies as too generic. They do not address your exact vehicle or the amount and nature of the of damage that was repaired. If you own a Lexus, the independent appraiser should take the time to call Lexus dealers in your area, describe your vehicle and the repairs in detail and submit at least six verifiable quotes that will determine how much your car has lost in value.

3) Your appraiser should be willing to testify in court either in person or via teleconference.

Preparing a professional automobile diminished value report is time consuming but the finished product is proof positive that your vehicle is worth less after collision repairs. Get it right the first time by hiring a competent appraiser.

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#2 REBUTTAL Owner of company

HOAX - Please Provide Proof of Transaction.

AUTHOR: Ken Nix - (United States of America)

I feel this is a HOAX. Please contact me with proof of this transaction. There are defamatory, slanderous and false statements in this Rip-off report.

I have no problem with an accurate review, but I feel this review is based either on a competitors deception or on someones anger for Safeco possibly duping them, and not on facts. I do make mistakes, I am human after all. I'm sure there are a lot of things my clients could write a bad review about me for, especially over the past 8 months that I have been dealing with Lung Disease. i.e. Taking more time on preparation that the client expected, not returning calls promptly, due to being in the hospital, etc. But to say my report was not credible. It makes no sense. I had a Senior Attorney for a major Insurance company write:
Ken,  Settled today for $3,000. Thank you very much for all your help.  Couldnt have gotten this
settlement without you!  It is such a pleasure to work with you. I have never gotten more good service for such a modest fee! I should tell you that I litigate and negotiate insurance claims for a living.

XXXXXXX Insurance | Senior Attorney

XXXXXXXX Insurance Company (Name and Insurance company withheld, but will be made available to upon request so they may confirm the validity of the statement if needed.)

You state that the insurance company laughed at the appraisal. Although this is a normal insurance tactic to throw you off balance, in this case I would have contacted the representative myself and clarified his response to my appraisal. If for some reason Safeco refused to accept the appraisal as a credible report, I would have refunded 100% of your money. It states that right in your contract.

You also state that your attorney said my report was not credible. Again, I would have refunded 100% of your money with notarized documentation of that fact and proceeded to file a slander and defamation suit against the attorney.  According to ORS. 40.410 Rule 702, I possess all the criteria needed for my opinion to be used as an Expert witness testimony in an Oregon court of law.

Since my report was so laughable, my question is why on earth did you use it to finish your claim? Whats really questionable, is I have no record of any client having said anything close to any of the accusations you have written, nor do I have a client meeting the mentioned criteria that used Leif's as their body shop during the short time of the $199 special. That leads me to believe something is fishy with your story.

Im more than happy to refund your $199.00 upon you supplying a notarized, written affidavit stating who the attorney was, and that he said my report was not credible. That statement is slanderous and defamatory, and Id much rather have an award for slander, than your $199.

One last question, if you went to several Attorneys for help, why didn't they help you? I'm only an Auto Appraiser, not an Attorney. I can't give you legal advice. You paid $199. for my professional automotive opinion, not for legal council.
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#3 Consumer Suggestion

Diminished Value

AUTHOR: Roccosouth - (United States of America)

Initially I would like to state that I have been preparing Diminished Value Assessments for over 20 years and have a leading DV software use by many around the country. Please do not be alarmed but there are many times that the loss of value to a vehicle may exceed the cost of repairs. Thank the many history reporting companies, not many potential buyers, dealers, wholesalers and insurance companies want to be involved with previously damaged vehicle, too much liability.

As for all the people that laughed at the report, I just wonder if they took the time to review and study the information included. The attorney's you are dealing with should know that you present your proof and the insurer can not just deny the claim if they do not believe your burden of proof than Safeco now has a duty to conduct their own investigation. Just think about if all an insurer had to do have laugh at any claim presented they would never pay a claim.

You should insist that the insurer "Conducts Their Own Investigation" and compare the report you may be surprised.

My issue is that the Ken Nix  bailed out on you with assisting you through the process, that's what you get for a buck 99. A comprehensive assessment with the follow through are little more expensive and that cost is recoverable.

Do a little more investigate you may be surprised at the findings.

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