Value Recoverable in Ohio - July 24, 2007 Opinion
v. Anthem Blue Cross and Blue Shield,
10th Dist. No. 06AP-1067, 2007-Ohio-3739 the 10th
District Court of Appeals held, in a 3-0 decision, that Plaintiffs
may recover for the diminished value to their car after repair.
The Rakich Court noted that the traditional measure of property
damage was either the cost of repair or the difference in
value between the time immediately before and after the damage,
but not both. Rakich argued that while she had been compensated
for the cost of repairs, she still had not been made whole.
The Court's ruling followed the common-sense argument that
a wrecked-and-repaired car is not worth as much as a car that
has never been wrecked, and held that this difference in market
value is a compensable damage. The Rakich Court found that
allowing recovery for diminished value was consistent with
the standard measure of damages in a tort case: the amount
which makes the plaintiff whole. Therefore, the Court permitted
Rakich to recover for diminished value if she could show that
the repairs were insufficient to restore her car to its pre-crash
Despite the creation of the Ohio Board of Motor
Vehicle Collision Repair Registration which was instituted for
the protection of Ohio motorist, most insurers in Ohio continue
to recommend illegally-operating unregistered collision repair
shops to their claimants and insureds who need auto body repairs following accidents.
Attorney Erica Eversman challenged the DOI on two separate occasions
about insurers' actions in this regard to no avail. Eversman
asserts that the DOI's inaction is the result of it consistently
taking the position that it has no jurisdiction to prohibit
insurance companies from using unregistered collision repair
businesses in their DRP's or has no responsibility to prevent
insurers from recommending illegally operating repair facilities
of your auto insurance claim and get paid fairly!
Tired of getting
pushed around by unethical insurance company adjusters? You
don't have to go it alone. Get facts you need to intellegently
state your case and assert your claims. You'll find tools to
assist you, right here! Begin with these informative articles.
Casualty Insurance 2008:
- This report by the Consumer Federation of America is a must
read. It affirms what many already suspect - that insurance
is overpriced and claims are underpaid, allowing insurance
companies to reap unjustified profits and hide billions more
by padding reserves and excessive overcapitalization.
help countering insurer intimidation
Attorney Patrick McGuire, states,
"Insurers are illegally trying to control the cost of repairs
by steering consumers to particular body shops, while at the
same time, trying to distance themselves from any liability
associated with negligent repairs." Find resources here
to help you understand the tactics they employ so you can better
protect your clients.
profits have body shops looking for new direction
A growing number of body shops
feel pressure to perform auto collision repairs at low profit
margins to appease unethical insurance companies and remain
on their referral programs. Tired of the ratrace? If you are
a shop owner looking for higher profits and a better way to
do business, we?re here to help you.
service success hinges on finding good techs
The potential is near for an upsurge
in dealer service business due to the increasing complexity
of repairs on newer cars, and the difficulty independent repair
shops have in obtaining technical reference material in a cost
effective manner. Can your dealership's service facilities produce
high quality work consistently while managing the expectations
of a growing customer based filled with increasingly skeptical
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expressed on this website represents the opinions of David A. Williams.
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is an expert, consultant, and writer specializing in the field of
automotive safety, collision repair and valuations. The information
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