In a lawsuit over a collision involving my Model S. The path forward may involve defining Tesla's trade-in valuation process in a court admissible manner (i.e. subpoena and deposition). Has anyone done something similar?
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In a lawsuit over a collision involving my Model S. The path forward may involve defining Tesla's trade-in valuation process in a court admissible manner (i.e. subpoena and deposition). Has anyone done something similar?
I think you are alluding to diminished value. There are specialists that deal in diminished values.
Do you have a lawyer?
Correct, and in this case the other party has hired someone claiming to be an expert in DV. The appraiser generated a report and has testified as generating the DV value in part by "calling and speaking to the trade-in managers at multiple Tesla dealerships," (a paraphrase of the report, but you get the drift).
Hence the desire to document in an admissible manner the actual process.
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You might call some Tesla trade in managers and see what kind of numbers you get.
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Why don't you just cross-examine the DV expert and also ask them through discovery for their basis and document how they arrived at whatever it is you want to challenge? Seems to be circuitous to go through Tesla to prove something the expert is asserting.
Diminished value is not based on the value of such a trade, but instead the value you could sell for.
That's the first flaw in this whole case.
Diminished value is not based on the value of such a trade, but instead the value you could sell for.
That's the first flaw in this whole case.
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I believe I know the co your referring to, they're out of Oregon.
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If you have a qualified appraiser who included the correct information in their appraisal required by case law to support your claims then don't worry, If your in county or district court, that fake DV report from Oregon will not be admitted.
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