sev7nflow

My car was hit by another party for 13k damaged. Has anyone on this forum sued for diminished value and won? What was your process like?

Rodpwnz

I also had a 13k+ damage from another party.

I have tried, but you will have to somehow show that the value is diminished. I tried calling my dealer and asking for a quote on trade in of my car BEFORE and AFTER there is an accident on the record. No one was competent enough to give me a rough ballpark quote on the exact same car before and after an accident. If both cars were identical, only one had an accident on file, it should be insanely simple and easy to do.

I am going to try to go in person so that I can show the people who work there how to do their job.

xjaymzzx

Literally this morning i was parked in a parking spot an a delivery truck reversed into my front bumper and caused 5k+ in damages. This is just new front bumper and a new hood. I gotta buy new depo headlights too.

xjaymzzx

Sadly i went there to save a few bucks on a wheel rebalance

benben01

Depending on the state, DV claims are tricky and might want to get a lawyer involved to deal with the process. Generally speaking, you should baseline your diminished value by taking your car to CarMax for an appraisal. This way you have a ball park figure to work with. After that, contact a certified car appraiser/DV expert to get a professional DV assessment and submit it to the insurance company as a claim along with your loss of use claim if your state permits. The loss of use in most cases is the time you are without your vehicle (difference in rental car rates x number of days). The difference in rental car rates is the rate for C-Class minus standard econo/mid size rental. Don't forget to file a personal injury claim as well if you suffer any pain or missed days from work.

DIMINISHEDVALUE

You are asking whether anyone has "sued for diminished value and won" meaning in small claims or civil court. Or, are you asking whether anyone has made a claim for diminished value and been successful in collecting a fair settlement? We are sometimes graced by a call or email from a customer thanking us for helping them obtain a fair settlement and we get our share of positive reviews in different sites. So the answer is yes to whether you can obtain a fair settlement by making a claim. As to a lawsuit, we have also testified in diminished value cases and have been pleased to see our customers win not only the full diminished value but also the appraisal fee, expert witness fee and legal costs. If you have obtained a comprehensive diminished value appraisal and retained a competent lawyer, your chances are excellent. In fact, when a claims supervisor - whom I'm sure you would have spoken to by now - shows our appraisal to one of their defense attorneys my feeling is that they advise them to pay. Some insurance companies don't like to pay until they've reached the courthouse steps.

Good advice from BenBen01 - ask for Loss of Use as well. Some of the LOU appraisals we've prepared for high-end cars can add up to as much as the diminished value appraisals.

sev7nflow

Ive already purchased a DV report from theautomediator.com but allstate has replied and denied any DV claim saying that repairs were made properly. I was directed to a lawyer, but the lawyer lives in LA and I'm unsure of any specialized DV lawyers in the Bay area that would take my case.

I'm trying to weigh my options and gain feedback from anyone on whether I should settle with small claims court or fight with a lawyer and pay fees. My claim for DV only is about 13k, while with report costs, loss of use, etc it reaches ~17k.

Any advice on how to proceed? I'd like to avoid court if possible but am willing to if needed

DIMINISHEDVALUE

You need to speak with someone at the CA Department of Insurance. They have no jurisdiction but complaints for unfair claim practices go to the higher-ups at Allstate. They will review your appraisal with their legal defense attorney who will advise them based on the strength of the report. I don't know what methodology was used by your appraiser but if it is comprehensive, the attorney will tell them to pay it. If not, they will keep stonewalling you. Please share your results with the rest of us. Seek compensation for loss of use as well.

sev7nflow

A little confused - so best bet to go small claims court? or lawyer route?

DIMINISHEDVALUE

If your DV is $13K, that's a civil court candidate and in CA your lawyer can represent you. Be sure he can understand the liability portion of the Allstate policy. Ask for the moon. Insurance companies are crapping on California car owners but few people are suing them. Loss of use, appraisal fee, attorney fees, expert witness fee (if your lawyer wants the appraiser to testify) are all attainable upon the favorable decision of a magistrate.

Schlitter

I am not sure if California is different. But my car had $6,300 in damage in December. I told the adjuster I wanted to file a diminished value claim, and they set the process up and came back with an offer. I ended up getting a $2,300 check. They would not accept a dealer quote, as it is not representative of the actual value of the car.