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Diminished Value Claims anyone had any luck?

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Old 12-04-2010, 01:59 PM
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fennerhillpro
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Default Diminished Value Claims anyone had any luck?

Not having a good time with Gieco

I hit a curb a month ago avoiding a (deer) in my 07 vette and was told because I didn't hit the deer this would fall under Collision and I would have a deductible. I should have hit the deer totaled the car and wouldn't have paid a cent and would be fighting about value today I guess.

So the adjuster came out the radiator braket was busted and a small dent around the braket is present on the front of the frame. The radiator, condensor, fan and wheel is bent. So he writes the claim for aftermarket fan, condensor and some other parts and to repair the wheel or replace it with a remanufactured one. I asked about the frame and he said it will not effect performance and can somewhat be pushed out.

I told him this is BS as I don't want this aftermarket junk on my car. If he was talking a Dewitts radiator and fan that is different. He explained the part are the same thing just cheaper. I asked him if he would be comfortable doing 140 mph with a welded together wheel and a fan that can't keep the engine cool.. I explained HPDE and also the fact these are not the same parts. So he explained procedure so we had to order all the aftermarket junk and prove to this fool one by one they either weighed more or were not the same. I was sucessful with every part.

Now my guy will take off the fenders, hood, and front fascia so there will be no lines. My concern is two fold #1 if this shows on a carfax that will cost me thousands on a trade in and #2 since there is a small dent on the frame near the radiator braket how much will that cost me on a trade or sale? So I thought insurance was to make you whole???????????

Also an agent called me this am to inform me in the future no track damage would be covered under the policy????????? I was told 8 months ago HPDE are covered as long as I am not racing.......

So how do I fight for Diminishing Value I was going to let it go but now they are p#sing me off.

So they now are assembling with all OEM parts or some upgrades like dewitts radiator. The frame they would not replace as everyone including the autobody guy claims it will not effect anything at the front where the mount is for the radiator and he can push it out.

So today I get a call informing me any track or speeding (auto cross) would not be coverred.

Can anyone spell Dimishing Return I think this is my next battle as I do have a dent in the frame and I am sure this will so up on a car fax.

Any advise?
Old 12-04-2010, 02:46 PM
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PaulB
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As I understand this you made a claim for Diminished Value under your Ins Policy under Collision coverage. If this is correct you may not be able to make a claim for Diminished Value under your 1st party coverages, comp or collosion. In most states you cant do this, some states you can. I am not familiar with what flies and does not fly in your state. You need to find out what is allowed in your state, I suggest calling the Ins Dept for your State. Just ask them if you can collect Diminished Value from your own policy under comp or collision.

Where most people collect the Diminished Value is under the other carriers Liability Ins policy, in other words the person that is at fault. ... When it comes to using Aftermarket Parts on your car I understand your concerns. I know in my policy there is an additional endorsement that I took that says if I have an accident I am entitled to OEM parts. There is usually nothing wrong with aftermarket parts. But it is up to you as to what parts you want used on your car. Even if they only pay for the Aftermarket Parts you can specify that you want OEM parts used. Of course you would be held responsible for the difference in costs. My arguement would be that my car is only 3 or so years old and I feel I am owed OEM parts. I hope this helps you. Good Luck.. And yes I did retire from the claims dept at an Ins Co. And I believe you are correct, this will show up on a car fax. Just google Diminished Value. Paul...

Last edited by PaulB; 12-04-2010 at 02:59 PM.
Old 12-04-2010, 03:14 PM
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phileaglesfan
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Google your state DV laws. They usually don't cover non 3rd party claims. Read your ins contract about the non OEM parts. Ins companies are getting tougher with non street legal accidents.

I know you will be tempted to hit the deer next time but I would advise against it. The main reason is that you increase the chance of personal injury. They may still consider it a collision, and your car will be repaired if it costs 75% of their value for the car. It would make Car Fax then. Check your ins rates next year also.
Old 12-04-2010, 03:18 PM
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Never Say Never
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Show the adjuster this thread.

Just another reason to stay with State Farm even though I love Gieco's commercials.
Old 12-04-2010, 04:34 PM
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bolivar
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Diminished Value claims vary by state insurance laws. And your policy. You need to do some research, or talk to your agent. Even though he is the agent of the insurance company, I would think he would have to be truthful about what coverage you have and what kind of claim you might file.

I have some experience with a Texas DV claim involving my SIL. Against the 'other driver'. At my recommendation, she paid a company that specializes in giving you a DV claim amount. I think it cost her about $500, paid up front, but she made about $2,300 in her claim. In Texas, she had to have her car repaired, then file a second, separate claim aganist the person that hit her, for the DV claim.

If you don't use one of these companies, I bet you will never get anyone to sign off on any kind of estimate about 'diminished value'. Noone wants the potential liability of doing this. But these companies are in the business, and they are willing to stand behind the value they give. I think their value for my SIL was over $5,000, but she settled with the insurance company for about $2,800, or something like that.
Old 12-04-2010, 04:36 PM
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VettinFan
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Originally Posted by PaulB
As I understand this you made a claim for Diminished Value under your Ins Policy under Collision coverage. If this is correct you may not be able to make a claim for Diminished Value under your 1st party coverages, comp or collosion. In most states you cant do this, some states you can. I am not familiar with what flies and does not fly in your state. You need to find out what is allowed in your state, I suggest calling the Ins Dept for your State. Just ask them if you can collect Diminished Value from your own policy under comp or collision.

Where most people collect the Diminished Value is under the other carriers Liability Ins policy, in other words the person that is at fault. ... When it comes to using Aftermarket Parts on your car I understand your concerns. I know in my policy there is an additional endorsement that I took that says if I have an accident I am entitled to OEM parts. There is usually nothing wrong with aftermarket parts. But it is up to you as to what parts you want used on your car. Even if they only pay for the Aftermarket Parts you can specify that you want OEM parts used. Of course you would be held responsible for the difference in costs. My arguement would be that my car is only 3 or so years old and I feel I am owed OEM parts. I hope this helps you. Good Luck.. And yes I did retire from the claims dept at an Ins Co. And I believe you are correct, this will show up on a car fax. Just google Diminished Value. Paul...
Very well stated and accurate.
Old 12-04-2010, 06:04 PM
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Mr Snappy!
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Originally Posted by Never Say Never
Show the adjuster this thread.

Just another reason to stay with State Farm even though I love Gieco's commercials.
LOL !
You must have never had a claim with that POS company. They roll out the chinese crap directly to the repair shop. I have had to fight those bastards on two seperate claims where the person they insured hit me and state farm had to pay....Took a lawyer to threaten a lawsuit the last time.

Never accept aftermarket parts. You insure a fully OEM car, they are responsible for replacing OEM with OEM unless your policy explicitly states otherwise and they are repairing YOUR car, not someone you hit.
Old 12-04-2010, 06:19 PM
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Never Say Never
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Originally Posted by Mr Snappy!
LOL !
You must have never had a claim with that POS company. They roll out the chinese crap directly to the repair shop. I have had to fight those bastards on two seperate claims where the person they insured hit me and state farm had to pay....Took a lawyer to threaten a lawsuit the last time.

Never accept aftermarket parts. You insure a fully OEM car, they are responsible for replacing OEM with OEM unless your policy explicitly states otherwise and they are repairing YOUR car, not someone you hit.
Never had a problem with State Farm. 2 close relatives both had their new vehicles hit. Both with SF and both were repaired with brand new parts. However, be cautious of repair facilities that place the blame on the insurance company. In both cases mentioned a reputable repair shop was used and had 0 issues with brand new replacement parts.
Old 12-04-2010, 10:12 PM
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fennerhillpro
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Thanks Guys. I am using my guy not thier autobody shop and we are pushing back hard. I have all oem parts except I chose a dewitts with oil cooler my choice. What I am upset about is the small dent on the frame and the fact they are just dificult and slow. Anyhow I think I will be talking with state farm. Yes this is my 1st claim and 1st time dealing with this world. Luckly, I am in health care and used to dealing with insurance companies and know how to push back. The 1st thing I did was pull the insurance comm state regs on replacement parts.
Old 12-04-2010, 11:15 PM
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Wayne O
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"...So I thought insurance was to make you whole???????????"

Perhaps more accurately to make them whole. Good luck, I hope everything works out to your satisfaction.
Old 12-04-2010, 11:27 PM
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SilverScorp
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So, let me get this straight. You told your 'Insurance Adjuster' aboout a situation where you might be driving at 140MPH? Not good, and I bet thats why you received that email. I hope things work out for you.
Old 12-04-2010, 11:53 PM
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fennerhillpro
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Originally Posted by SilverScorp
So, let me get this straight. You told your 'Insurance Adjuster' aboout a situation where you might be driving at 140MPH? Not good, and I bet thats why you received that email. I hope things work out for you.
Perhaps not the smartest thing to do but I figure hell it's not like it's illegal and was fighting for OEM and was making a point. I did make a point to state I obey the speed limit on the street proven by not ticket in the last 10 years. The point I made was I drive at high speed only in a controlled enviroment.

Live and learn!
Old 12-05-2010, 12:36 AM
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1967droptop
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After the repairs are completed, I'd be looking for a different insurance carrier. Had a hit & run incident with my '05 about a year ago. I chose the replacement parts and the body shop. Insurance company wrote the check. No hassles whatsoever. Good luck!

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