phileaglesfan

I had DV on my 07 Impala SS over 3 years ago. I personally don't think you'll get much for $1800 damage to be honest though. Talk to the guy that hit you about paying for it without his insurance. But at least he fessed up which is more than most people would do these days, then you would be out of your deductible.

Antsmarching

I was hit on the drivers side rear in AUG 2011, I used www.collisionclaims.com and received a $5700 settlement for a crash that cost $2000 to fix. Rosemary at collision claims was very helpful and answered all questions at length. best $345 i spent in a long time!

GOLD72

It has been my limited experience that professional appraisers are very good at spotting previously repaired damage and it will lower the car's value. So by all means, hang tough and negogiate for DV compensation because it will cost you later when you go to sell or trade.

RaleighTL

Always take photos of you damaged car and file them away.

It may well be a repaired car is not well received by a prospective buyer but if it was sitting in a parking lot when hit, all replaced parts were GM, the repair was done so as only a pro would spot it, and you have the photos to show the extent of the damage; this will make the sell much easier. If replacing orginal panels is an issue then all those folks making wide body conversions are in for a great finiancial loss; which I do not think is the case.

boraxman

Maybe you can sue the guy in small claims court for DV? Just a thought.

NHNASCAR24

My wife was in her new 2011 Cruze LTZ with only 108 Miles on it when a guy blew thu a stop sign. $13,000 damage to the Cruze. NO Damage to wife, thankfully, and she got her first experience with Onstar. Since it had so few miles on it the insurance fixed it. Thankfully it is a Lease so at the end of it I just turn it in. I would NOT be so happy if I had bought it that is for sure.

My dealer that normally LOVES to get my leases back becasue of the LOW miles (less than 6K per year) said they would not even buy it from GM at the end of the lease even though they did all the work on it. They said the Carfax would "kill the sale" even on a small car like that.

DV is VERY hard to get until you sell it but it does not hurt to ask.

Good Luck,

Ron

jamesw95

Thanks, I will contact them.

C8-Vette

Just to clarify something, DM is paid by the other guys insurance company not yours, unless you live in Georgia. In Georgia you can collect DM from your own company. Its Georgia state law. (one or more other states may have the same law but I'm not sure which(s).
Google Diminished Value ,there is a wealth of info on the subject.
Bottom line is if you are in an accident and its not you fault ---YOU ARE ENTITLED TO DV! Don't let anyone tell you something different.

Insure

Not necessarilly true... You may or may not be entitled to a diminished value settlement. Check with your regulatory agency (i.e. State Insurance Department) for details.

C8-Vette

That's Insurance Company bull. Your state dept insurance dept. has nothing to do with it. You suffered a loss you are entitled to be compensated, not only for damages to you car but DV. If you had a dozen eggs broken on the front seat and a suit damaged in an accident not caused by you, you are entitled to be paid for the damaged items. Insurance companies will respond better if you mention an attorney or if you bring in another 3rd party to help you negotiate.(Goggle DM)
Don't let the other guys insurance bull $hit you. Every insurance has DM dept. , but they keep its a well kept secret.

mcandrew67

From a Google search on the subject..

Do I Have Diminished Value ?
Probably, if your vehicle has No Prior Significant Damage History.
Can I Collect Diminished Value (state-by-state) ?

From the at-Fault Party's Insurance Company ...

YES; in Every State except Michigan.
If the at-Fault Party has No Insurance ...

YES; under your own policy's Uninsured Motorist Coverage, but only in the following states: • Alaska • Arkansas • California • Delaware • District of Columbia • Georgia • Hawaii • Illinois • Indiana • Louisiana • Maryland • Mississippi • New Jersey • New Mexico • North Carolina • Ohio • Oregon • Rhode Island • South Carolina • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia.
From My Own Policy's Collision Coverage ...
YES; in Georgia or Kansas .. (Kansas may be subject to policy limitations).
UPDATE (12/22/2011) .. YES; in Washington, per Supreme Court decision (No. 84500-0) in the matter of Moeller v Farmers Insurance Company.

Insure

Chill man... I OWN an Insurance Agency and I know what I'm talking about. I can tell that you're very emotional about this but at the end of the day the insurance company will only pay what they are contractually obligated to pay. No they're not screwing you... You signed a contract with them and they will honor it - nothing more and nothing less. Your car is damaged -- they'll fix it. In some states, they'll pay you the diminished value and in other states they won't. Mentioning an attorney won't change what's written in the contract and will not get you a diminished value settlement if it's not offered in your state.

C8-Vette

I'm referring to the insurance co. of the other vehicle who was at fault, nothing to do with you oun insurance co. I live in NY. I had an accident in March 2011. The police report indicated the other party failed to yield right of way. My damage was $5800, paid in full by Hartford Ins.,the other guys co. I called Hartford after the car was fixed and began discussing DV. I was asked how much I wanted . I requested an amount equal to the damages. We settled on $5000. Received a chech one week later.( I mentioned a third party and possibly getting an attorney involved. I'm not sure if it helped, but I got what I wanted, less $800)

saplumr

This may be true for underinsured or un-insured but I can tell you beyond the shadow of a doubt you will get absolutely no DV in West Virginia for covered vehicles. The insurance companies clearly state the fact that once a vehicle is repaired to pre-crash condition there is no diminished value. Sucks but I found out the hard way. The only possible way around it is if you immediately trade the vehicle after repairs and the dealer states the value is less due to accident. That is the only possible way to prove it.

hawkgfr

Malarkey....Just mention Perry Mason that they will throw money at you....


Like insurance companies are skeered...

phileaglesfan

You don't want to ask the insurance companies. What would you say if you were them? Even if they get 2 of 10 to fall for it that is thousands saved. You will lose money when you trade it in or sell it if the buyer knows that it was in an accident which I believe you must tell them if they ask (which dealer would not ask). I bought my 07 Impala for about $27k in July 2007, accident in Oct 2008. I tried to trade it in but I only got offers around $11-12k. I owned it for 4 1/2 years now. When I do sell it it will be well used anyway so an accident claim 7 years ago or so will not matter too much since it is an everyday car.

But after fighting with the other guy's insurance company I ended up with around $2200 for $7k of damage. Insurance company was quick to point out that they don't cover cosmetic (although my B pillar was bent so it didn't matter). I must say that I haven't had any issues from the repair.

So yes it does matter and yes you can claim DV in most states. It all depends what state, and whose company you are going after. The 3rd party appraiser said I lost about $3500 in value which was probably about right. Eventually it will come down to how much time you want to waste. His insurance company's first offer was $1k by the way.

Alfred Abel

Greetings -
Diminished value claims are valid in most states. I practice law inn Pennsylvania and I pursue them all the time. However, they are often contentious, because not all insurance companies recognize their validity, and even when they do, they often disupute the value that you claim you sufferred. Go to my website www.AlfredAbelLaw.com for more information. Post number 16 is basically correct.

Disclaimer:
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is only licensed in Pennsylvania, and you should contact an attorney in your jurisdiction if it is outside Pennsylvania..

saplumr

No disrespect to you and can take it any way you wish but I have first hand dealings with PA law. After 4 years of working with the DA and PA me and 12 other victims couldn't even get more than 3 mos jail time for a thief of a car customizer that stole more than $250K from us in Lycoming County. He got me for $65K but at least we get a semi monthly check for $5.00. PA law totally sucks!

FL_Dave

I thought a few members would be interested in reading what happens when a stubborn forum member insists on fair compensation for diminished value after being hit by an insured driver. The short answer that will spare you the tirade below is that you can win in small claims court, but it takes an amazing amount of work. (Now go read something fun.)

I was traveling at approximately 5 MPH through the parking lot in a mall, with right of way through an intersection, when another driver ran the stop sign and T-boned my RF bumper. Fortunately the impact was forward of the wheel & suspension. I had managed to stop before the impact, but the bumper was torn away on the passenger’s side and dragging on the roadway.

That night I woke up thinking, “this car will never be worth what it was before the accident”. The stigma of an accident would always haunt me if/when I sold the car. The next day I mentioned the loss in resale value to a repair shop and the appraiser said: “Oh, you mean inherent diminished value.” Knowing the proper term, I read everything I could on the internet and found that in Florida, as with some other states, DV is allowed on 3rd party claims. Simple, right? All you have do is ask…

The negligent driver was insured by State Farm (SF). I notified them a few days after the accident that I would be making a claim for Diminished Value (DV) and was told to wait until the repair was complete. I later learned that waiting is part of the delay, deny, and defend strategy used by many insurance companies. Still the fool, I waited and after the repair was complete, I inquired again and was told to submit a quote. I sent in three quotes from Corvette dealers: two dealers said the DV would be the repair amount ($5k) and one said ‘it didn’t matter because he wouldn’t take my C5 in trade now that it had been in a significant accident.” State Farm’s response: “we don’t feel there is any diminished value to your vehicle.” This was followed by more letters back and forth culminating in … nada.

I hired an expert appraiser to inspect the car. He first read the repair report. The record showed that the Corvette’s impact bar was bent – not a lot, but a little – so it had to be straightened. (Yep, that’s frame damage.). Soon thereafter I took the car to CarMax. Although there was no record in their system (AutoCheck) of an accident, they immediately spotted the new paint and said they would wholesale the car because of the repair. Soon the basis of DV became crystal clear. The car no longer qualified as “certified pre-owed”, in fact no Chevy dealer would sell it on their lot. Even CarMax said it if they decided to auction it off, the car would be placed on the “red light” lane and sold as is, where is.

I continued my letter writing campaign to SF including the new information. More than a year went by with a few phone calls (early on) and written correspondence, quotes, replies, replies to replies, etc and got no where all sent by certified mail. Finally, I called the other driver and asked them to help mediate or I would have to sue (them – I only have recourse with the person that hit me, not their insurance company). It didn’t work, so two months later I called to say that I would be filing a lawsuit and which address would be best home or work. The reply: “No problem. Send it to this address, I’ll just hand it over to my attorney”. Nice.

Since the amount of diminished value was $5k or less, I filed a small claims case, pro se (meaning I represented myself) against the driver who was backed up by State Farm and an attorney. (It’s kind of funny that once your car gets smacked, the driver walks away leaving you to negotiate with the “deniers”. When that doesn’t work you sue the driver to get to the “defenders”. It doesn’t take long to catch on. These people do this every day and make money doing it. We do it maybe once in a lifetime. Who do you think is better at it? BTW, you’ll probably never see the driver after they hit you.

The attorney had her way with me for about five months initiating “discovery” by lengthy Admissions, Interrogatories, and Request for Production documents my way even before the Pre Trial Conference. Then at the Pre Trial Conference they denied any DV in my case and told me to expect another appraiser coming to look at the car. After hosting the appraiser, the defense attorney sent an email requesting convenient dates to depose me and my expert. That was followed by a Motion for Summary Judgment (i.e. a request to dismiss the case).

A quick comment about each of the above. If you are an attorney in Florida you might know that the defense is not allowed to initiate discover without the judge’s permission in small claims. They did anyway, and being naive, I didn’t figure it out until after I responded with 20 pages of answers embedded into their questions. Besides, in Florida, Small Claims Court is treated like big claims court. Generally speaking, it’s a “no whine zone” meaning the judge doesn’t want to hear it.

Although the defense attorney violated statute in initiating discovery, they are allowed to depose me and my expert. Still, when I got that email, I told them “no thanks” and was surprised when they did not push the issue with the judge. Their independent appraiser came to look at the car, but even before he saw it, he said it was strange that the insurance company denied DV because “clearly there was DV in this case”.

Next I went into mediation (required in FL small claims). I knew that neither party would be under oath, so they could say anything. As expected, the defense made several clearly false statements, refused to show their expert report, denied any DV, and would not compromise on a settlement to prevent trial.

Mediation was followed by a last-ditch effort to get the lawsuit dismissed with a Motion for Summary Judgment filed with the judge. The twenty page document cited a number of cases which had little, if any, bearing on our case but you had to read it and look up the case citations to know it was hooey. Not the judge, he simply refused the motion as being too late to consider before trial. Whew, that was a relief (after a long weekend writing responses to each citation).

I prevailed at trial thanks to my expert having a longer resume than the other guy. Frankly, having a credible, experienced, independent expert was the key. In the end, I got beaten up pretty badly in the buildup to trial and at trial, but I did walk away with a judgment for $6k (including court costs).

A couple of learning’s are worth sharing. If the roles are ever reversed, I now know that I’ll never let my insurance company treat that innocent sap the way I got treated. And finally, if you are ever hit, it makes good sense to go after DV in small claims if you have an overpowering need for fairness, - or – if you are seeking a job that pays significantly less than minimum wage (or both).

Diminished Value Q&A

Q: Can I sue my insurance company for diminished value?

A: Probably not. Some states allow diminished value compensation for 3rd party claims (negligent driver = 1st party, their insurance company = 2nd party, you = 3rd party). Of course this is America, and you can sue anybody you want, but you probably won’t win.

Q: Will my diminished value case take 19 months and countless hours like yours did?

A: Maybe. In working my case, I was introduced to another DV plaintiff by my expert witness. His case took more than two years and involved a custom Ford Mustang against a driver insured with State Farm. Knowing the delay, deny, defend tactics and other bullying tricks, prepared me for running the final gauntlet (between filing a small claims suit and trial).

Q: Do other insurance companies handle DV claims like State Farm?

A: One appraiser told me that Progressive is worse. Other than that, I don’t know. What I do know is that State Farm has been collecting a premium for coverage of diminished value since before 2001. They admitted as much in deposition. Do a search on “State Farm Collecting a Premium for Diminished Value”.

Q: What if everyone requested compensation for diminished value?

A: A value loss occurs in most accidents but the amount depends on the age of the car, severity of the accident, and many other factors. Each situation is different so there is no easy formula. Frankly, I’m not very sympathetic to the “everyone” argument because every accident victim has been hoodwinked for a long time. In my case, SF knew from the very beginning that my request for DV compensation was reasonable, but they forced all the wasted time, including the court’s time, to prove what they knew.

Q: Does it help that we are Corvette owners vs. other car types?

A: It did in my case. The judge reasoned that Corvettes are more collectable and more often purchased by car enthusiasts when compared with say a Camry. Therefore DV would likely be higher than common vehicles. Luxury and sports cars tend to lose more value in an accident than other cars. It follows that “one size fits all” formula quantifying the loss in value due to an accident is less credible than a market-based appraisal approach.

Q: What about the 17C formula used in Georgia

A: That formula was never endorsed by Georgia and because of abuse is explicitly not endorsed by that state. Don’t believe any formula. Use a market-based assessment and be prepared to argue against formulas if it goes to court.

Q: Aren’t there several types of diminished value? If so, what are they?

A: There are three types of DV that I am aware of. My case was about diminished value inherent because of an accident (AKA Inherent Diminished Value) – because IDV is the most commonly discussed, and to keep things simple, I refer to it as DV. Another common type is Repair-Related Diminished Value, e.g. a bad paint match. A third type is Insurance-Related Diminished Value which has to do with what an insurance company chooses to repair, e.g. ignoring hidden damage. Search the internet for details on each.

Q: What are some of the common shenanigans insurance companies, and their attorneys, play to frustrate your efforts to collect for DV?

A: Here are some of my favorites

Team 37 - SF has an entire team of people ready to help when I call in. Unfortunately since everyone is accountable, no one is accountable. Different people say different and contradictory things. All recorded conversations and records are hidden behind a “privilege log”, even when requested in discovery.

Feelings – In spite of three dealer estimates, SF responds with “we don’t feel your claim for diminished value has been substantiated”. For me, this was their standard reply in letter after letter.

Fibs – Statements in Mediation are not admissible in court and nobody is sworn in. So claiming their expert report is a “work product”, and a handful of other untruthful quips are part of the game. You can try to make a case of this at trial, but the judge is likely to have little patience.

Flood of case citations – In my friend’s DV claim, they sent him a long list of cases where diminished value on a cars were not allowed in the state of Florida. With lots of research and careful reading it was discovered that all were 1st party cases, thus they didn’t apply (see first question above). When he showed how none of these cases applied, the other-side’s response was: “I just wanted you see these cases so you know how difficult it is to win this in court.”

Withholding Expert Report – The defense would not provide the expert report until I filed a Motion to Compel a few weeks before trial. That means they withheld the admission of DV for about six weeks wherein they continued to send letters offering to settle for $500 (nuisance dismissal). The letters cite FL State law saying that if the judgment in trial is within 25% of the stated offer that I am responsible for their attorney fees.

Other “make work” – Answering twenty pages of admissions, interrogatories, and requests for production. Responding to requests for depositions for me and my expert. Responding to twenty pages of a last minute Motion for Summary Judgment. It’s not for the faint of heart.

Q: With all the delay involved in finally getting to trial, do you get paid interest?

A: In Florida, you should – but I didn’t. It depends on state law and the judge’s interpretation of the facts. My buddy collected over two grand and, after some initial pushback, he got it. I requested a little over four hundred bucks, and the judge denied it. I appealed (filed a motion to amend final judgment) but still lost. In Florida, the FL Supreme Court case involving Agronaut Insurance established the right to interest.

Q: Can I get a DV appraisal online?

A: Yes, but. From what I have seen, some online services write a very nice report. However, if you have to go to court, certainly in Florida, you will need an expert witness to testify. That’s where you’ll likely need a local person. Also, it won’t help your case, if during trial, it comes out that your report was done without inspecting the vehicle.

Q: Don’t you have to sell the car to justify DV?

A: Clearly no. The loss in value happens at the moment of impact, and as with any property loss, the interest on that loss accrues from that time. Don’t be confused by insurance company statements. In responding to one request to provide evidence of DV to State Farm, I was told that “maybe if you sold the car”. Statements like this are part of their game. One case in FL was lost because the vehicle was sold. Since it was sold, the car was not available for appraisal hence the amount of loss became uncertain.

bass mechanic

forget what Insure said previously, i have settled diminished value claims for myself as well as others. i got 4500 for my vette when someone backed into it in a parking lot.

here is what you need to do. first try to negotiate with the insurance company. if they refuse to pay you can take your car to a local dealer and ask for an estimate on your car as a trade in. then disclose to the dealer its had work done, have them pull a car fax. then get in writing the new trade in value. this will be your diminished value. you can do that with 2 other dealers. then if you get no help from the insurance company, speak to your states department of insurance and see if they can help.

i helped my cousin get 4500 for his 2010 camaro also after a front end collision. he lives in VA
so a search online for diminished value and there is some math formula some states use to determine how much it's worth. some states say its diminished the same about as the repair, and some use the calculation. it's been a while since i went through it but the info is there if you look for it.

bottom line is, and this should be your argument..
insurance is supposed to make you WHOLE again! therefore if you lost resale value your not made whole again and any idiot knows a vette with damage history looses value. don't believe me? take 2 identical vette's and park them side by side. 1 with accident history, and one without. which would you buy? how much less would you offer for the one with repaired body panels?
i knew the day mine got repaired, despite the fact the car looked way better repaired then it did pre incident, it still shows up on auto check as front end damage. i know i lost about 4500 of it's value based on that and when i sold it that became apparent. i was very glad i got the diminished value because in the end i probably made out a little better off and had more room to negotiate a fair value to sell it later.