Marietta Injury Lawyer Blog

Georgia Car Accident Lawyer Answers Frequently Asked Diminished Value Questions

July 28, 2010 | Benjamin S. Persons, IV

Most people know how collision and liability property damage claims work following a car accident. However, from my experience as a Car Accident Lawyer, most people are confused when it comes to diminished value claims. Over the years, I’ve been asked so many questions about diminished value, I thought it would be helpful to put together this brief guide.

1. What is diminished value?

Simply put, it is the value a vehicle loses as a result of being in a collision. No matter how good the repairs, a wrecked car is never going to be worth as much as a similar car that has never been in an accident. Think about it this way, you are looking for a used car, and the dealership shows you two gorgeous identical cars listed at the same price. The only difference, the Carfax reports show one of the two cars was once involved in a car accident at some point. Which car would you buy?

A recent consumer survey indicated 55% of potential buyers would never buy a vehicle with a prior accident history. Additionally, those surveyed that indicated they would buy a wrecked vehicle said they would have to be given a large discount to make the purchase. In many instances, not only should the insurance company pay to repair your vehicle but they should also pay you for your vehicle’s diminished value. Valid claims should always be pursued. In many cases, I’ve seen diminished value claims worth several thousand dollars.

2. Has my vehicle suffered diminished value?

The short answer is that depends. If before the accident your vehicle was relatively new, in good condition, with no significant prior accident history, with significant current property damage then you certainly have a diminished value claim. The value of the claim will vary based on numerous factors. For example, $5,000 in repairs for collision damage will have a larger impact on the value of your car than $5,000 in repairs to paint over cosmetic damage. Along those same lines, if your vehicle already had a significant accident history, suffered minimal accident damage, then your claim will probably have little or no value. Most lawyers offer free consultations. If the insurance company is making you a diminished value offer that seems too low, it might be a good idea to contact a lawyer for a free consultation.

Crime Stoppers Tip Leads to Capture in Fatal Hit and Run Incident

July 27, 2010 | Benjamin S. Persons, IV

Atlanta has seen a flood of wrongful death and catastrophic injuries caused by hit and run drivers this summer. Numerous metro area police departments are pursuing active hit and run investigations. This week DeKalb county caught the man believed to be responsible for the fatal hit and run collision on Flat Shoals road June 12, 2010. The man charged with vehicular homicide is a Cobb County school administrator and WSBTV has the full story.

According to police investigators, a Crime Stoppers tip led to the accused’s arrest in this case. It is good to see the victim’s family get justice thanks to programs like Crime Stoppers. The program works. If you have information about a hit and run incident or other crime you can call Crime Stoppers at (404) 577-TIPS, (404) 577-8477.

Sandy Springs Police Looking for Car Involved in Deadly Hit and Run

July 26, 2010 | Benjamin S. Persons, IV

Today, a Lexus LS 460, like the vehicle pictured to the left, struck and killed a pedestrian walking next to Roswell Road. According to the Sandy Springs Police the Lexus left the road, struck a man walking on the sidewalk, and immediately left the scene.

We have seen a rash of horrific hit and run incidents in Atlanta this summer. One report after another of cowards with complete disregard for human life leaving the scene of accidents hoping to avoid traffic citations. Hopefully, they will catch this one. The Police believe the Lexus was black or gray in color and likely has damage to the right front fender and right headlight.

If you know anything about this incident or see a Lexus LS 460 with similar damage call the Sandy Springs Police Department at 770-551-6900

Victim Seriously Injured in Cobb County Hit and Run Collision

July 25, 2010 | Benjamin S. Persons, IV

Smyrna Police are looking for the driver of a 2001 or 2002 white Chevrolet Camaro involved in a hit and run incident, Saturday night, July 17th. According to the police investigation, the Camaro struck a parked car and while attempting to flee the scene struck a young woman causing serious injuries. The 17 year old woman was taken to Grady for treatment and according to a recent Marietta Daily Journal report is still in intensive care.

It is appalling a young woman is in intensive care because the Camaro’s driver did not want to take responsibility for causing a simple traffic accident. Smyrna Police believe the left front quarter panel and driver’s side door of the white Camaro are damaged and the car is likely missing the driver’s side mirror. If you have any information about this incident call the Smyrna Police at (770) 434-6666 or (770) 434-9481

The Persons Firm Welcomes New Baby, Oliver Samuel Persons

July 25, 2010 | Benjamin S. Persons, IV

On June 21st, the Persons family was blessed with our third child, Oliver Samuel. Fatherhood has once again become a wonderful distraction. As you can tell, blogging has taken a back seat to rocking the baby and I haven’t written an article in weeks. Now you know why. Here is a picture of baby Oliver, the newest love of my life.

Another Dangerous Product Recall; Chrysler Recalls Nearly 600,000 Unsafe Vehicles

June 10, 2010 | Benjamin S. Persons, IV

In a summer that has seen several dangerous and defective product recalls, Chrysler recently recalled nearly 600,000 vehicles involving five models in the United States.

The recall includes the Dodge Grand Caravan minivans and Chrysler Town and Country minivans for the years 2008 and 2009. These vehicles have the potential to catch fire due to a problem with the sliding door electrical system.

Also included are the Chrysler Jeep Wranglers for 2007, 2008, 2009, and 2010. These jeeps could experience brake failure as a result of leaking brake fluid.

Whirlpool Recalls 1.7 Million Maytag Dishwashers Due to Defective Product Fire Hazard

June 7, 2010 | Benjamin S. Persons, IV

On Thursday, the Consumer Product Safety Commission announced the recall of 1.7 million Maytag dishwashers due to a fire hazard. Whirlpool Corp. has received reports of 12 fire incidents caused by electrical failure in the dishwashers’ heating element. There have been no reported injuries from the defective product. The recall includes dishwashers sold from February 2006 through April 2010 of the following brands, Maytag, Jenn-Air, Amana, Magic Chef, Admiral, Performa by Maytag and Crosley.

Consumers are advised to immediately stop using the dishwasher and disconnect the power supply by shutting off the fuse controlling power to the appliance. To determine if your dishwasher is included in the recall you can contact Maytag at 1-800-544-5513.

McDonalds Issues Recall of Promotional Shrek Glasses Containing Cadmium

June 6, 2010 | Benjamin S. Persons, IV

Cadmium is a carcinogen known to cause adverse health problems including bone softening, severe kidney problems, and hindered brain development. In spite of this, dangerously high levels of Cadmium are still being discovered in dangerous products marketed to our children. On Friday, June 4, McDonald’s announced it was recalling all Shrek promotional glasses due to abnormally high levels of Cadmium in the paint. At the time of the recall, McDonald’s had sold an estimated 7 million glasses. Congresswoman, Jackie Speier, began an investigation into the Shrek glasses after receiving an anonymous tip concerning high levels of Cadmium in the paint. Following this investigation McDonald’s issued a voluntary recall. “Our children’s health should not depend on the consciences of anonymous sources,” Speier said. “Although McDonald’s did the right thing by recalling these products, we need stronger testing standards to ensure that all children’s products are proven safe before they hit the shelves.”

The McDonald’s recall is just the latest. Early this spring, the consumer protection agency, issue three recalls for children’s jewelry containing high levels of Cadmium.

BP Executive Promises to Pay All Legitimate Claims in Gulf Coast Disaster

June 1, 2010 | Benjamin S. Persons, IV

As previously discussed in this blog, the Death on the High Seas Act (DOHSA), Oil Polution Act (OPA), and the Limitation of Liability Act (LOLA) protect companies like BP from liability when disasters such as the Gulf Coast Oil Spill occur. However, it appears government and public pressure may prevent BP from hiding behind these maritime immunity statutes. The above video is footage from Thursday’s Congressional Hearing on the oil spill. With many calling for a complete boycott of BP, Lamar McKay, Chairman and President of BP America, stated BP will pay all legitimate claims.

Potentially, this is good news for the fishermen, shrimpers, hotels and restaurants damaged by this disaster. Affected small business now must fight over the value of their claims, but if BP keeps it’s word, at least these businesses will not have to worry about capped damages completely precluding their claims. Hopefully, government, media, and public pressure will continue to ensure BP keeps it’s promise to pay for the harms it caused.

BP May Escape Liability for the Catastrophic Damage Caused by the Gulf Oil Rig Explosion

May 31, 2010 | Benjamin S. Persons, IV

It has been revealed through recent Congressional hearings that BP ignored warning signs and continued to drill just hours before the oil rig, Deepwater Horizon, exploded killing 11 people and causing an environmental catastrophe of historic proportions. BP has admitted fault, but BP executives testified that Transocean (the offshore drilling contractor) shares responsibility because the Blow Out Preventer, or BOP, failed to operate. Transocean, while acknowledging the failure of the BOP, has pointed the finger at Haliburton for failures in the cementing process. It appears the Gulf Coast Disaster could have been prevented at several different stages and there is plenty of blame to go around.

One victim, twenty-eight-year-old Gordon Jones, died in the explosion leaving his widow, Michelle, to care for their two young sons. The Jones family and the families of the other 10 workers that died are severely limited in their ability to recover damages because of the Death on the High Seas Act (DOHSA). “BP is immune from entirely compensating these families for the horrible way in which their loved ones died and the relationship they have now lost,” said Anthony Tarricone, president of the American Association for Justice. “DOHSA needs to be amended to provide fair remedies to victims of other maritime disasters on the high seas, starting with the 11 brave men who died on the Deepwater Horizion.”

BP and Transocean are further protected by the Oil Pollution Act (OPA) and Limitation of Liability Act (LOLA). While experts estimate the economic damage to the Gulf Coast in the Billions, the OPA caps BP’s liability at $75 million. Additionally, Transocean is seeking to limit it’s liability to $27 million by relying on the Limitation of Liability Act. The law was passed in 1851 to allow ship owners to limit liability to the post-accident value of the vessel and cargo. Transocean has reported the oil rig was worth $650 million before the explosion and is now worth less than $27 million laying sunken on the ocean floor.