Diminished Value of your car resulting from an accident
 

Looking for a person/company who will determine the diminished value of my car and negotiate with the insurance company. Explanation: if your car is damaged in an accident its trade in value is reduced because of the accident. That is “diminished value”. The insurance company of the person who is “at fault” will pay the difference between the car’s trade in value before and after the accident. Typically, the insurance company will “low ball” the diminished value. I need the services of a person/company that knows the “ropes” and achieve a reasonable payment from the insurance company.

What you need are the services of an attorney.

You might be able to go to any car dealer and get both prices, or possibly one of the online sites, get an estimate for the clean vehicle, go in a day later and get one for the damaged vehicle. You could do an internet search of an automotive appraiser, and finially as previously suggested a lawyer. I listed these in increasing cost.

What year, make and model is the car? What damage to the car?

Are u driving a toyota carolla or a lexus?

My last vehicle was rear-ended and repaired. I don't think it had any effect on the trade-in value, and I don't think the body shop that repaired it reported the repair to anyone. Most auto body shops don't report damage. The Carfax ads want you to believe that they have accurate information about all vehicles, but they don't. I don't blame insurance companies for not wanting to pay diminished value claims.

"Diminished Value" is a huge can of worms and most legislatures have now gotten into the mix. The problem as you know, has now grown exponentially, because of services like CarFax.

You my make out ok, if you hire a Licensed Public Adjuster. In a lot of states, you might end up needing an attorney and going to court ... at which time, it becomes an issue of "is it worth it"?

It's a horrendous situation, but as is usually the case, the Consumer who's not at fault, will come out the loser.

Have to assume you are making a claim against an at fault insurance carrier. You can't make a DV claim against your own insurance company under collision coverage.

Doubt you can find an attorney to handle a DV claim on a contingency fee basis. The ambulance chaser crowd, (Morgan, Newlin) wouldn't bother with this type of claim. So you would be stuck with an hourly fee, if anybody would take it.

If your car was properly repaired, any DV would be minimal.

Why just assume the insurance company will low ball you? You have nothing to lose by pursuing a claim on your own and negotiating a reasonable solution. Call the carrier and start the process.

Car rental companies won’t hesitate to charge you for DV. Find out who they use to determine

Great idea. Call Hertz, "who do you use to determine DV"? Answer, we just make up a number.

You have to be kidding.

Wreckcheck.com
 

In late October 2018 my brand new, 346 miles, car was rear-ended. I used Wreckcheck which calculated my diminished value. The insurance company paid the full amount without question.

Diminished Value
 

My thoughts. As suggested, research the difference in values. Write the insurance company a letter requesting the difference (email and US mail). If no response in 10 days and under $8,000 difference fill out the small claims court claim form - google Sumter County small claims for the form. Email and US Mail to them, saying "if you don't pay in 10 days, I'm filing this." If they don't pay, file in small claims court.

Insurance is truly a pain when you have a claim. As far as an auto claim, if the car is totaled they give you the wholesale book value. You could not buy your car for what they will pay you. You initially are dealing with a computer program. You can explain your objection such as low mileage, new tires, custom whatever and they might up their offer. There is an insurance board. They can tell you how to file an appeal. There are agents who FOR A FEE, will represent you against the insurance company. Are they worth it? Would you get the same results, IF YOU DO IT RIGHT? You will never know because people do not do BOTH.

The best auto accident is of course the one that does not happen. I do not believe if your car is repairable you can expect payment for lost value due to the repair. I believe you can choose the repair shop. The shop chosen by the insurance company may not be the best, their goal is to get the claim resolved at the lowest cost. If, a newer car, the dealer might be your best choice. They are far less likely to use inferior, off brand parts, or improper, perhaps unsafe repairs.

Collision shops that fix cars can do everything you're asking. and you can bargain with both ins. & collision shop. make sure you get the check in your name and pay whoever you choose to fix the car. You have that Right! Good Luck !!

Diminished value
 

I did use the dealership for the repair. The result looked like it never happened even in the spare tire compartment.

The problem with hiring an attorney, the cost is around 300-500 an hour PLUS EXPENSES. I was in the photo industry. One friend did photos for attorneys. They knew him, they knew his work was good-did not need to be redone etc. Cost? They paid well. No need to care they were spending the clients money.

Related but not related. Small claims court. I used it twice in my life. It is a lot of work to properly prepare a case. So many pitfalls. Are you suing the right person? You have to sue in the state where the party you are suing resides or have an office. I did it twice in my life. I won both times and sadly unusual, I collected both times. I've posted several times that the cost to enter a small claims court case is around $20. I WAS WRONG AS OTHERS TOLD ME. It is far more than that in Florida and the fees go up with the amount of the claim. For anyone considering this path I would investigate not just the fees but if the court uses it's power to collect for you, if you win.

My OPINION, our legal system, it like dealing with a monster with the real goal not justice but feeding itself.