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Do I have to sell my car in order to get a diminshed value claim in the state of Arizona?
The other person’s insurance company is "claiming" that the diminished value damages must be "actual" and "provable" and may not be speculative. They claim that Arizona law does not recognize inherent damages. I would like to get this proof of diminished value without having to sell my car.
What does your agent say? It’s possible Arizona doesn’t do dimunition of value. Check on the law, by discussing it with your agent.
AND, go to a local auto consignment dealer. Ask them how much they could sell your car for, and then tell them about the accident, and how much they could sell it for after the accident. Have them put both figures in writing, on their letterhead. Voila! That’s actual and provable.
Worst case, you can always sue the other driver and owner in small claims court, using the above info to prove it, for your dimunition of value.
FWIW, there really isn’t any, in the real world, if your car is more than 7 years old. Also, it generally is about 10% of the incurred DAMAGES. That’s just an FYI. So if you have a $10,000 car, with $3,000 of damages, expect about $300 in dimunition of value.
What does your agent say? It’s possible Arizona doesn’t do dimunition of value. Check on the law, by discussing it with your agent.
AND, go to a local auto consignment dealer. Ask them how much they could sell your car for, and then tell them about the accident, and how much they could sell it for after the accident. Have them put both figures in writing, on their letterhead. Voila! That’s actual and provable.
Worst case, you can always sue the other driver and owner in small claims court, using the above info to prove it, for your dimunition of value.
FWIW, there really isn’t any, in the real world, if your car is more than 7 years old. Also, it generally is about 10% of the incurred DAMAGES. That’s just an FYI. So if you have a $10,000 car, with $3,000 of damages, expect about $300 in dimunition of value.
References :
agent, 21+ years
If you sell your car, then you no longer have a claim bc you no longer have the car.
References :
Claims adjuster 6 yrs.
If a vehicle is damaged, and then repaired to as good or better than it was before it was ever damaged, how can there be any diminished value? Arizona is one of the states that doesn’t recognize diminished value. Actually, only 10 states out of 50 recognize it in any form, so to prove diminished value you would indeed have to sell your car and prove you lost money on the sale because it was repaired, which is next to impossible to do.
Those things that do reduce the value of a car are things like lowering, suspension modifications, and ground effects, not having a new hood put on.
References :
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