sakodik

God damn that hurts, and a 2023! Get a lawyer involved ASAP.

I was involved as a plaintiff on a DV claim. I initially offered just 10k on top of repair bills (33k). Lots of back and forth and claims of imaginary numbers from the insurance company denying my compensation. After a lot of push back, I just lawyered up and let the experts deal with it. Ended up with ~55k in compensation + repair bills. The majority of cost was broken up between loss of use and DV. I think I got about 18k for DV. This was on an older ferrari in CA.

zukmeister

Thanks for the insights. What's considered "loss of use" ... is that something the lawyers sue for as you're not able to use the vehicle? I'm expecting to be out of the car 60-90 days minimum and I'm having to go to another state to get the car repaired as no one locally gives me confidence that they can match the paint. Looking online all I can find is loss of use is rental car reimburesment

sakodik

Yes, it is known that I do not use the ferrari as a daily so he went by average of what a ferrari rental per day would be. Although it took months to repair, the insurance and lawyer found it reasonable to be paid for minimum 90 days worth of ferrari rental minus the cost of the economy car they stuck me in at $25/day. I was out of the vehicle for 6 months.

carlosinseattle

Looks like you're in Idaho. If you were one state over I'd know exactly who you should talk to, his name is Mike Harber, he used to own a VERY large body shop in Tacoma, WA. He's been going against insurance companies for years. He closed the body shop and specializes in diminished value cases/claims: https://www.harberappraisal.com/

zukmeister

Thanks for the referal. What I'm finding out is a lot of these guys can do remote appraisals so he may be able to help me out. I'll reach out

Thanks again

zukmeister

Hey gents - circling back on this. I have to take my car out of state for repairs, 5 hours each way. This is my fun car and I don't really require a rental as I have other vehicles. Would I be better off not taking the rental car from their insurance and instead going after "loss of use" on similar car as mine if I was to rent it in addition to diminished value? I'm divided as it's a hassle because if I don't take their rental, I have to have my wife follow me 5 hours each way to drop off the car and it's a giant waste of time not only for me but also for her. On the other hand, I could potentially be burning up whatever policy limits this person has on their insurance with a rental and it would eat into my overall claim that I plan to pursue. I'm divided and have no idea what I'm doing or what I should do. Thoughts?

Thanks in advance

OBP

Sorry I am confused. Are you lawyered up and willing to take the at fault party/their insurance co to court ? Or are you being a nice person and trying to work with their insurance company and take what the insurance co wants to pay you ( which could very well be less than what you deserve ) ? If the former then whatever the limits are on the at fault party's insurance policy is, it really does not matter - it is what the court decides that counts and the insurance co will have to cough it up. So you do what is convenient for you. If the latter, then I respect you for being a really good guy and I hope the insurance co will be more than fair to you, but they could end up looking out for themselves first so watch your back.

zukmeister

I have not gotten a lawyer yet but I have a feeling that ultimately I'll end up needing one with the damage that has been done and the value of my car. The car doesn't go in for repairs for another week and they think it'll be at least a month so I have a bit of time to work it all out as I can't file for a diminished value claim until my repair is done.

My plan is to try to work this out with his insurance first and to use a professional appraiser on diminished value and pay them $400 or whatever for the report and use that to present to their insurance. I asked the appraiser the same question here if I would be better off not taking the car from them if I needed one and he said that I could go after diminished value and loss of use this way. However I don't believe I'll be able to get the loss of use portion of it without a lawyer so it could be a moot point here. It's just such an uncharted territory for me and I'm almost looking for examples of others who may have gone through something similar and what they would suggest. I would much rather prefer working this out through his insurance and avoiding the lawyers but I may not have an option here.

zukmeister

Thinking out loud here. I probably SHOULD take rental so I don't have to drag my wife through the mess here and play the cards I'm dealt with currently. Use the appraisal and if they don't want to play ball, lawyer up and go after it all.

3on8

The area where the body damage is = extensive body panel replacement/repair. The deeper you go with other party's insurance, the less options you have. Since you don't need the car, I'd get a lawyer for advice.

pghc63

couple of questions
did you talk to your insurance agent about this ? your insurance agent should give you good guidance on how to proceed and in his/her experience what is a good DV in your state . I understand that the other party is responsible but you need information.
also for example my policy covers DV against another party , so see if your policy do that
as others have said most insurance companies have formula on DV, age of the car , mileage , amount of damage etc
Also, did you talk to the adjuster of the other party's insurance company about you requesting a DV , and what was their reaction
My son did a claim on his car and the adjuster from the other party was cool and gave him a fair amount , so not every insurance company tries to rip you off ..It was super easy

odessit

Dealing with diminished value claim now and have few questions:
1. insurance policy has 10k limit, damage on the car was $9200, progressive is stating they only have $800 left and that is max they can offer.
2. can i sue the individual personally for the entire diminished value?

thank you!

YYC53

Lol, what kind of insurance policy has a $10k limit. Is that only for the diminished value component? You'd have to show me where the agreement says that to even bother listening.

Faast

Progressive is the ****tiest insurance carrier out there. I won't even bother negotiating with them so go with your own insurance and let them ***** between them.

zukmeister

Agreed. My wife got hit by a driver that ran the red light. Other driver admitted fault, was cited by the police. Both cars totaled. Progressive claimed my wife was 20% at fault lol. Went through my insurance and let them deal with those aholes

zukmeister

From the information in this thread and also from what I read online, you'd have to get a lawyer and take the other party and insurance to court

zukmeister

Side question. Curious how you personally determined your diminished value and how much it was?

TugboatBill

Something you should always understand completely - Auto insurance companies are there solely to make a profit. To do so they pay only what they have to by the insurance policy, and they write that. What is fair has absolutely nothing to do with it. What you feel is right has absolutely nothing to do with it.
New York has a minimum damage insurance coverage of $10K. That in itself is stupid as even a minor fender bender will exceed that. Your state legislature isn't doing their job. Regardless, what that means is you pay more for your insurance as your insurance company regularly pays for damages caused by other drivers. The advice above is good - just make the claim with your insurance and they will deal with the other driver's insurance. Your only other alternative (other than just eating the diminished value) is to sue the other driver and with legal fees that isn't a good option.

odessit

Property damage policy has limit of only 10k.
Would it even make sense to sue the guy personally?
Progressive is terrible to deal with, the driver admitted 100% that he is at fault. I used my insurance for damages and they did subrogation. As per progressive rep they only have $800, which IMO is joke. Just trying to do what is right and be fully compensated.
In case I want to sue, anyone can recommend diminished value firm that is fair and works efficiently.