My car is not fixed yet, should I order an appraisal?
As long as you have an estimate, everything can be started so when your car gets out of the shop we are ready to file a claim on your behalf. Do not alert the insurance company to a possible DV claim until after the car is fixed as some adjusters will try to total out your car.

Do I need an appraisal, the insurance company is sending an appraiser?
Yes, they work for the insurance company and will offer you little to nothing as they make money by saying No to Diminished Value. The insurance company thinks you won’t know how much your owed since you don’t even care to get your own appraisal.

If you have a leased car can you Get Diminished Value? No

If you have a rental car can you get Diminished Value? No

The car needs a physical inspection?
By law inherent diminished value does not need a physical inspection since the repairs are not in question, the diminished value is solely an estimate and that is why we are negotiating on the loss of value of the car after optimal repairs were done. Where if optimal repairs were at question we would also require a physical inspection.

If they still require Physical inspection?
Ask them “Can you please send me a copy of your companies policies or Letter with letterhead stating policy since by law it does not require a physical inspection”.

Then if they still want to do a physical inspection let them don’t sign anything when they come. What they want to do is avoid any fraud or a second claim later for something else, so they will say they must check if it was optimally repaired, if you think the repairs are adequate etc. You say the repairs are satisfactory but car still suffered Diminished Value.

Diminished value doesn’t take place until the car is sold?
Under traditional tort law, which applies to third party claimants, the date of the accident is used to determine the loss

I already sold my car already, Can I get Diminished Value?
Yes, you can still get diminished value based on your states statue of limitation from 1 year to 10 years, check the FAQ section.

We don’t do Diminished Value?
According to state law, The made whole doctrine states that your insurance company must make the claimant whole and yes the repairs were done but the loss of value is still there because of the car history report.

You need to start a claim against the individual at fault in the accident?
According to the law of subrogation it is the legal responsibility of the insurance company who represents the insured to cover the diminished value and then its your responsibility to go after the insured.

The Car has had a previous accident?
Yes, but it still suffered Diminished value .This car accident caused more damage than the first car accident or else the Diminished value would be much higher.

(Only when car is worth more than $10,000 and repairs are over $1000) No case if car is not at least these minimums.
The Damage was not enough to cause Diminished Value?
The law does not specify a minimum damage amount in order to apply for Diminished Value. Depending on the type of car even with as little as $500 a large depreciation can occur.

 

Your Car’s Mileage is to High so you can’t get Diminished Value?
They say I can’t get Diminished Value because my car is to old or has high mileage? That doesn’t matter as much as how much the car is worth. There are no rules.

 

American Insurance Advocate Group

Free phone:+1.800.420.4951
FAX:+1.888.512.7180

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Diminished Value