Anyone with experience on Diminished Value?

[OllieGator]

Mornin' everyone....

 

DW and I were rear-ended in a car accident 7 months ago...thankfully we were not injured.

 

Our car is a '05 Nissan Altima 2.5S

 

$14,000 worth of damage was done to the auto, but Allstate did not total. We have GAP insurance. The car was out of commission for two months.

 

The car is repaired now, but still has some cosmetic problems that need to be fixed. We know the car is not worth nearly as much as it was if it did not have the accident. Anyone had a successful diminished value claim? We're in FL...

 

Man, I wish they would have totaled it....(IMO they still need to...will be another two weeks to fix the cosmetic damage.

 

TIA for any thoughts....

[MarvBear]

diminished value will be difficult to establish.

[OllieGator]

diminished value will be difficult to establish.

 

I agree, but two things at least give me hope:

 

Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla., 2002) -- Progressive admits diminished value exists for third-party claimants.

 

--and--

 

The Florida Office of Insurance Services admits on their website that "If a person is a third-party claimant, he or she may be entitle to diminished value under the property damage portion of the insurance policy.

 

So, we all agree that there is some perceived loss of value in a vehcile that has been in a major accident, I'm just trying to figure out how to be "made whole".

 

Thanks....

[MarvBear]

I have from time to time in the past prepared such statements on my companies letterhead stating my opinion regarding a consumer's diminished value.

 

These have always been prior customers with which I have an established relationship. And the document has been carefully worded to keep myself out of the litigation loop.

 

Perhaps someone similar will do you this service.

[GolfNut]

A "forum-friend" on a car forum I always visit was having the same issue...He posted there was a class action suit against all state...This link would be a good place to start... http://www.allstateinsurancesucks.com/

[kiloecho]

I know this is an old thread, but I have some experience in DV. Several years ago my brand new Acura RL was smacked by a teenager who ran a red light. I fought for something, anything and GMAC paid out. They gave me $2500. The dealer I did a lot of business with wrote a letter about the depreciation of the vehicle due to the damage to the car. I was very persistant and aggravated the pee out of the insurance company. It was an eye opening experience for me, having to deal with the insurance companies. I wouldn't wish that on my worst enemy!