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Diminished Value Claim

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Old 10-04-2006, 05:28 PM
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Diminished Value Claim

A kid drove into the side of my TL the other day causing over $5k in damage. Good news is that his insurance company (Allstate) immediately acknowledged liability and has been easy to work with.

I want to file a diminished value claim given there was structural damage to my car (2005 TL with <15k miles). Regardless of whether that ever shows up on Carfax, I am not inclined to lie about the accident to a prospective buyer if / when I sell the car.

Does anyone have a recommendation for an appraisal firm I can use? My understanding is that Allstate and I will each submit estimates for the claim and start negotiating from there.

Any advice from people that have been through something similar is appreciated.
Old 10-04-2006, 05:55 PM
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Hmmm I think you'll have a fight on your hands. At the very least, you can deduct diminished value on your income tax as unrecovered losses.
Old 10-04-2006, 06:04 PM
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Found this quote
"Courts and state insurance regulators disagree on the core issue of whether diminished value occurs solely because a vehicle has been in a crash and, if so, whether insurers are required to pay for it. The trend in recent years has been toward rejecting the argument that insurers must pay diminished-value claims under comprehensive and collision coverages. Insurance policies, which are subject to review in most states by insurance departments, generally limit the responsibility of the insurer to the cost of repair. State courts or regulators in California, Florida, Texas and Louisiana, among others, have agreed with insurers that the policy language is clear and unambiguous."
Old 10-04-2006, 06:35 PM
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^^geekybiker - it hurts to look at your avator!
Old 10-04-2006, 06:38 PM
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Originally Posted by geekybiker
Found this quote
"Courts and state insurance regulators disagree on the core issue of whether diminished value occurs solely because a vehicle has been in a crash and, if so, whether insurers are required to pay for it. The trend in recent years has been toward rejecting the argument that insurers must pay diminished-value claims under comprehensive and collision coverages. Insurance policies, which are subject to review in most states by insurance departments, generally limit the responsibility of the insurer to the cost of repair. State courts or regulators in California, Florida, Texas and Louisiana, among others, have agreed with insurers that the policy language is clear and unambiguous."
That is not good news. I'm in the process of doing this, as well. The insurance company actually had a claim form for this, but the person who hit me had such low coverage that it doesn't even cover the cost of repairs, let alone diminished value.
Old 10-04-2006, 07:19 PM
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Do a search within this forum for "diminished value". There are lots of threads with information on the subject. The thread Wrecked Car Advice in particular. If I were you I would PM some of the more knowledgeable posters on the subject of diministed value and ask their advice. Just my
Old 10-04-2006, 08:44 PM
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Originally Posted by TL_in_TX
A kid drove into the side of my TL the other day causing over $5k in damage. Good news is that his insurance company (Allstate) immediately acknowledged liability and has been easy to work with.

I want to file a diminished value claim given there was structural damage to my car (2005 TL with <15k miles). Regardless of whether that ever shows up on Carfax, I am not inclined to lie about the accident to a prospective buyer if / when I sell the car.

Does anyone have a recommendation for an appraisal firm I can use? My understanding is that Allstate and I will each submit estimates for the claim and start negotiating from there.

Any advice from people that have been through something similar is appreciated.
My mother is dealing with the same kind of problem with her Toyota. In Texas, about the same mileage, and a claim against Allstate. Her Toyota dealer is doing the appraisal. They said they were familiar with the process and had done several. So I'd give your dealer a call.
Old 10-05-2006, 11:56 AM
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Well, looking into it, most companies in most states say no diminished value claims on your own insurance. Basically, if its your fault, you're not likely to get it. However 3rd party claims arent governed by the same rules. If someone else is at fault, they are liable to restore the value of your car, not just repair it. So you may be entitled to a diminished value claim either from them or their insurance.
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