Archive for June, 2010

Jun
29

Diminished Car Value?

Posted by admin

What do you need to prove diminished value for your vehicle? Was in an accident that wasn’t my fault and the insurance company paying for the repairs gave me a number to call- but before I call I want to know what I should have on me to get diminished value. Right now the damage is already more than half of what I owe on my car- and what I owe is less than blue book value- even for not good condition of a car. Anyone know what I should bring to the table? Also- repairs and estimate of damage are not complete.
More curious in what I need to prove diminished value? I am assuming they can look up my claim to see how much the damages worth. Will I just need the claim number? And they don’t take the amount the car is worth vs. what it is worth now? i.e. if the car was worth $20,000 prior to damages and is now worth $15,000…they don’t think $5,000 is the diminished value?

And for you who answered- how much has been diminished- well I am without a car for a month-minimum. The car has extensive damage to the exterior, frame, and interior. BASICALLY- you moron- it is not going to be worth what it would have been at a trade in. THAT is the diminished value I am suffering.

I appreciate the help and answers from ACTUAL agents. It is always helpful to hear from someone in the industry.

Dimunition of value is a legal concept that varies by state. Most of the time, if the car is properly repaired, there isn’t much.

When they are calculating it, it’s usually a percentage of the damages – usually between 5% and 10%, with the higher amount, being for luxury/high end cars (think, Mercedes or Porsche) and the low end being for economy cars.

Not having any idea what kind of car you have, if you have $7,000 in repairs, you’re looking at $300 to $500 in dimunition in value.

It’s completely NOT related to how much you owe on your car. That’s a seperate deal.

Jun
26

Are the diminished value auto appraisal experts of any help at the cost of app $300 to get back fair amount?

Posted by admin

I had a car accident couple of months back. & trying to get fair diminished value for my car after repairs.The amount insurance adjuster is offering is very less. So I am considering of getting a diminished value auto appraisal expert to get me a fair amount. There are some websites like autoloss.com, www.diminishedvalue.com,www.autoappraisal.com,www.collisionclaims.com which claim that they have helped people getting a fair diminished value of the vehicle after accidents. They charge around $300 for the service and ask you to make payment in advance. I would like to know are these people real trustworthy to make them payment in advance and to hope them to take care of the whole diminished value affair with the insurance company. Suggestions and experiences are appreciated !

I am an auto appraisal expert, and have been an expert witness in court cases. The amount of diminished value is going to depend on several factors including age of the car, mileage, type of damage, year make and model.

If you want to email me I will be happy to take a look at the information and offer you an opinion.

$300 is very high if all they are offering you is a written report.

Jun
23

Diminished Value Question?

Posted by admin

Hi! I bought a used VW Touareg 2006 from a dealership for $37,000 in 2007. The car was very new (barely 9,000 miles and in excellent condition and fully loaded) but had been in an accident before and the original damages on that vehicle were almost $35,000, but it was restored completely. 3 years later, I got hit on the rear by another car for no fault of mine and the damages on that were worth $7,000. It was still quite new at about 24,000 miles. I approached Geico for a diminished value claim after my repairs were done and they tell me they cannot offer a diminished value settlement because of the $35,000 damages of past history on that car. I thought that argument was frivolous. If I had two vehicles, both in exactly the same condition – one with $35,000 damages on it and another worth $42,000 damages on it. Will I not pay less for a car with $42,000 damages? There has been some diminishment of value for sure. Diminished value is the difference I would get for my car had this car not been in the second accident. If I were to sell the car right now, will the second accident not be at the top of the buyer’s mind and therefore, will he not pay less?

OK, first of all, "new" is based on the year, NOT on the milage.

Second, what the car is worth, has NO BEARING on what you paid for it. Near as I can tell, it’s worth about $19,000 right now, assuming it’s a 2006.

Third, you cannot collect dimunition in value on your OWN policy.

Fourth, after it’s been in one accident, subsequent accidents do NOT diminsh the value, assuming they’re not a total loss.

Fifth, even if it was somoene else’s accident, the dimunition in value is usually around 5% of the damages – you’re arguing about $350 here.

If you had two of these cars, with $35,000 or $42,000 damage, they’d BOTH be totalled. If your car was given a salvage title, it’s going to be worth about HALF of a car that was never salvaged, even after it’s been completely repaired – bringing the real actual cash value of your car, down to $10,000.

You think someone’s going to pay you $350 less because of a second accident? Or a fifth? Or an 18th? Nope. Only that first accident counts. You already BOUGHT that car with a diminished value, after the first accident. You paid way too much for it, though.

Jun
19

Car Insurance Question – diminished value?

Posted by admin

My car was struck form the rear, while parked. How can I make sure that I am able to collect the "diminished value", caused by the accident.
It looks like I have to hire an appraiser, how much do they charge? Do you have recommendation for a specific appraiser? I live in NJ. Thanks

A properly repaired vehicle does not have diminished value, and may, in fact, have increased value. If your side is caved in, and is properly repaired, and you pay the extra couple of hundred dollars to repaint the whole car, you may increase the value by $1,000 or more. Even if you don’t, proper repairs that don’t show have restored the car to the pre-accident state. Even if you allowed for diminished value, every month of use you got out of the car afterwards would reduce it, so such a calculation would only apply to a vehicle you were going to sell in the first couple of months after repair.

Jun
16

Hit by an Excluded Driver (cited and arrested) – Do I pursue Diminished Value against driver or owner?

Posted by admin

I am hoping someone out there has SOME knowledge on this. My baby and I were hit by a street racing car that was driven by an "excluded" driver. I have over $14k damage to my car that my insurance company (Allstate) is paying for under MY policy, then the following items that I must pay for:
1. 6-8 weeks of RENTAL car to pay for and my car might STILL not be ready (parts, parts, parts),
2. everything in my car that was broken (an EXPENSIVE stroller) and stolen from the lot as the car was completely open post-accident (cds, dvds, beach items) [Allstate did buy a new carseat for my baby the day after the accident].
3. the loss of value/diminished value when I try to sell the car (according to online calculations it will be around $5,000)
4. my no-way-around-it raise in rate for being hit by an uninsured driver

How do I recoup on my out of pocket expenses? Small Claims court in CA is 7,500.00 – do I try to collect this way and do I go after driver or owner?
Thank you both! The online Loss Value calculator must not work in the "real world". I will check with my adjuster (who has been less than helpful – she told me my consolation should be that the driver’s license was suspended). If the driver drives w/o insurance, I am sure he is driving w/o a license. "Blood from a turnip" has been used a lot. Thx.

Having been an adjuster in CA for Allstate…..CA does not recognize dimunition of value claims so don’t even try it. Allstate will pursue the registered owner of the car that caused damage to yours to recover what they paid to repair your vehicle PLUS your deductible, but they can not pursue any out of pocket expenses for you.

Your Allstate policy has a Right of Recovery clause. YOU cannot do anything to jeopardize their right of recovery. If you sue the guy, you have to sue him in Civil Court (not small claims) & you have to sue for ALL the damages (cost of repairs, your deductible, your out of pocket)–you can not sue for just your out of pocket alone b/c if you do and you win you have barred Allstate from collecting back their money–and if you do this, they will come after YOU for what they paid and additional damages. It’s called breach of contract, and you do not want this to happen to you. I’ve seen it happen.

Don’t believe me? Read your policy and ask your claims adjuster.

Jun
08

Diminished Value on a 2007 BMW 335i?

Posted by admin

A flatbed didn’t secure his load and I ran into something that fell off and hit my 50K BMW. Repairs are thus far slightly over 6K. I’m collecting through their insurance. I have not brought up diminished value, but I will soon, what are my options in north carolina? Should I get an independent appraiser and if so, who is going to pay for it?

The other response from an adjuster is pretty much spot-on. Let it be said that the various states’ courts are seeing these type of cases more frequently. As case law evolves, some judges are giving credence to the concept of "diminished value" based on the totality of the type of vehicle, documentation submitted, etc. As far as an appraisal is concerned, I think you will have to step up to the plate initially on that.

Jun
05

New Car Accident – Diminished Value Claim ?

Posted by admin

I am live in New York and my car is Toyota 2006 RAV4. The new one. I had a car accident but…
Here is situation…
My car was parked and there were two cars were invloved car accident. One of the cars hit my parked car.
Is that possible I can collect diminished value from insurance company ????

Please let me know.
Thnak you.

In many states, consumers are barred from recovery of DV claims. You will need to call your state insurance comission to find out if you can present such a claim in your state.

If you find that you can legally make such a claim in New York, you’ll need to contact the adverse insurance company, find out if their POLICY covers it, and if so, what you need to do next.

Jun
02

My car was in an accident & repaired. How do I PROVE the diminished value to the ins company? Claim still OPEN?

Posted by admin

The claim is through Farmers Insurance. The repair amount just under $4K. They’ve paid for repairs but the resale value has changed. Thanks for information in advance!

Get a signed statement of it’s present value from a car dealer (or two)