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Anyone has recent Diminished Value claims?

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Old 06-04-2014, 11:29 PM
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Anyone has recent Diminished Value claims?

I've done a little searching already, so I'm aware of how the process works. Most of the posts that I saw here as far as member experiences were quite a bit older, and I'm not trying to bump dead threads. What I'm more interested in is hearing if anyone has had any recent claims, and seeing if the process actually went smoothly or if it was pulling teeth from the insurance company.

I'm especially interested if anyone has had claims against USAA. I've been trying to contact these guys for about a week now and I still haven't heard from this at-fault dude's adjuster. I can't imagine how difficult things will be to do a diminished value considering I can't even get the people to pick up the phone.

Anyone have any experiences/advice to share?
Old 06-05-2014, 08:41 AM
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If it has been a week and you haven't heard from the USAA adjuster, something is wrong. USAA is usually all about being on top of things....of course my experience with them has been as the policy holder not as the other party. Sometimes their local people are 3rd party contractors. I would call USAA directly and go from there.

As for diminished value? Sorry, I got nothing on that. Never once have I gotten DV.
Old 06-05-2014, 11:13 AM
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I had two non at fault accidents last year( i have progressive). one guy has infinity and the other has allstate. i went after both parties for diminished value and i was told that certain states do not honor diminished value so the insurance company is not required to pay for it. If that's the case, you will have to take it to the court yourself. In my case, infinity just ignored me and allstate gave me $500.
Old 06-06-2014, 12:39 AM
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I finally got a voicemail from the USAA adjuster today. I've been in contact with other USAA insurance reps before this guy but it seems we're playing phone tag. Apparently, they still haven't accepted liability because they haven't been able to reach their insured. Dude was driving a '13 3-series. Either way, I've asked them if they've at least acquired the police report. They said that they've requested it and haven't got it sent to them yet. Fortunately, I already have a copy they said I can fax to them which should put the accountability on this dude.

So far my preliminary estimate is $7500, but the dealer said they haven't gotten to some of those sensors that have gone off until the body work is squared away.

I did some more reading on USAA and DV Claims, and it seems they usually lowball at 25% of the DV. I have absolutely no problem taking them to small claims by myself without hiring a lawyer. Plus I feel like if it comes to that point where they have a summons they'll try to settle prior to an actual hearing.
Old 06-06-2014, 01:50 AM
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It's been a few years but I got Farm Bureau to pay a diminished claim. I live in SC and there is no requirement for them to pay either. It's been a while, and if I recall they gave me 10 or 15% of the repair cost as diminished value. I didn't complain because the repair was more than the value of the vehicle but I forced them to repair since they were low balling me so bad on totaling it out. It was an H22 swapped Honda Accord and there was no way I could duplicate it for what they offered.

I considered it a nice gesture since SC doesn't have a DV law. You could probably do small claims, but if there is no precedent, you may lose. If they are still fighting over fault, I assume you didn't get a rental car? Has the car already started being repaired? I never let those tasks occur on my dime -fault gets established first and foremost. If you have a police report and their insured was contributing and you were not, it's fairly cut and dry. They can argue it if they disagree, but then it is for them to disprove essentially to try and deny liability.
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Old 06-06-2014, 03:43 AM
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Originally Posted by projectsfz
Anyone have any experiences/advice to share?


First, USAA will be nice to you about the repair, a car rental, etc. because they have to accept responsibility by law. Diminished value is another matter altogether. Expect USAA to start playing hardball. Diminished Value is a relatively new loss category and insurance companies are fighting tooth and nail to keep people in the dark. Notice that your own insurance agent, who had nothing to lose, didn't advise you of your right to claim diminished value against the other carrier.


RE: Your Appraisal : Nine out of ten times a dealer quote will not fly because the insurer will claim that the dealer gave a high DV amount because they have a vested interest in buying the car cheap. Asking a body shop to write up a report will simply result in USAA telling you that body shops aren't experts in loss of value, that they simply repair cars. In any event, I doubt if many body shops would even consider writing such a letter.


You should obtain a diminished value appraisal from an independent appraiser who holds an appraisers license in any state. Stay away from "certified" or "accredited" types who simply pay a yearly fee for their designation. USAA will disqualify them as non-experts. A licensed appraiser has much to lose by preparing a fraudulent or overinflated report.


Hire an independent appraiser (and not a $39 special) who obtains at least six verifiable dealer quotes from dealers in your area. There are appraisers that simply use formulas or "algorithms" to establish DV and yet others that use auction results. USAA has it's own formula and you can bet that it is at odds with whatever formula your appraiser used. As for auction results - better, but State Farm can wiggle off the hook by saying that the auction cars don't have the same options, mileage, etc. as yours nor did they suffer the same damages.
Last, if your report is comprehensive and can't be refuted, USAA's defense attorneys will advise the adjuster to pay up but not before stringing you along with BS lowball offers. The independent appraiser we used gave us a great diminished value report they couldn't really dispute. Hang in there. The last place USAA wants to go with this is small claims court.


The
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Old 06-06-2014, 06:32 PM
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Originally Posted by screaminz28

You could probably do small claims, but if there is no precedent, you may lose. If they are still fighting over fault, I assume you didn't get a rental car? Has the car already started being repaired? I never let those tasks occur on my dime -fault gets established first and foremost. If you have a police report and their insured was contributing and you were not, it's fairly cut and dry. They can argue it if they disagree, but then it is for them to disprove essentially to try and deny liability.
I actually am about to do some research on any DV cases in WA to see if there has been any legal precedent on this. I spoke with my own insurance today for advice and she told me it's worth going for even though WA doesn't have any kind of law set as I understand it. Now though liability has not been assumed by USAA, the police report clearly states that he failed to clear lanes of traffic before executing his left turn right in front of my grille. Because of the police report - and my necessity to get to work every day - I did get rental and leave my car with the dealer's body shop. I'm not too worried about this, as the other driver has apparently already admitted fault to my own insurance as well. Funny how USAA (his own insurance company) says they've had problems reaching him. Maybe the same way they've had problems speaking with me... the adjuster not picking up the phone


Originally Posted by thebossesdaughter
Notice that your own insurance agent, who had nothing to lose, didn't advise you of your right to claim diminished value against the other carrier.

[...]

Last, if your report is comprehensive and can't be refuted, USAA's defense attorneys will advise the adjuster to pay up but not before stringing you along with BS lowball offers. The independent appraiser we used gave us a great diminished value report they couldn't really dispute. Hang in there. The last place USAA wants to go with this is small claims court.
My agent did advise me today, actually, when I spoke with her, and she was very helpful. I mean, she couldn't speak much about USAA's policies, given that every insurance co. will approach this differently.

I figured if they do end up lowballing me, which is my full expectation, I would be much closer to a settlement once they get that summons for a hearing.

As of right now my Progressive adjuster is still monitoring my situation even though I'm seeking recoup from USAA. SO at least someone is looking out for my interests
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