How to file Arizona Diminished Value Claims
For Arizona diminished value claims, there is case law that is exactly on point. It is a case styled “Paul Oliver v. James Henry”. A Google search will surely land you with a copy of the case, or you can request a copy directly from my office and we’ll send you the full case for free. That case law says that a vehicle owner can hire an expert appraiser to document the lost market value due to damages, and that an expert appraisal or testimony is sufficient evidence. This means that if you want to recover your Arizona diminished value claims, then the quality of your expert is really the thing that matters most.
Does that answer all your questions? I didn’t figure it did. Let’s break it down by the most frequently asked questions after learning that diminished value in Arizona is supported by law.
Frequently Asked Questions About Arizona Diminished Value
1. How do I find an expert in Arizona diminished value claims?
Researching on the internet or asking an attorney to refer you to an appraiser are the two most common methods for finding an expert in inherent lost market value. If you find one without a referral, make sure you can get them on the phone and drill them to your satisfaction. If they are true experts, they should be able to easily answer any question you have.
2. If I get an expert diminished value appraisal, am I guaranteed to recover the amount of the appraisal?
No way. Insurance companies love to pretend that they’re experts, and they will not hesitate to attempt and argue with you about diminished value. In many cases, they’ll simply refuse to negotiate and hope that you just go away. Even if you have a stellar expert and attorney, be ready to concede a little bit to avoid litigating the matter. Insurance companies know that it costs money to litigate and they will generally make an offer that is $500 to $1500 less than your true damages. If you don’t want to sue, you generally have to accept a little less than your true damage in order to avoid a long wait and litigation expenses. Get a sample demand to start your claim off here.
3. What if the insurance company refuses to pay me a fair Diminished Value Amount?
If that happens in Arizona, you generally need to file a suit. The fact of the matter is that over 90% of cases that come through my office settle before there is ever a trial on the case, but about 35% of our customers have to file a suit in order to get a fair offer.
4. If I have to sue, then how much does it cost, appraisal and all? ($450 – $1000)
If you have to sue, then the most economical experts will charge $300.00 for expert evidence and inspection, and then you’ll either have to give 25% – 33% to an attorney or take the risk of filing a small claims suit on your own. If you file a small claims suit on your own, it will cost about $150.00, and you’ll have to be sharp enough to keep your case alive and not get “lawyered”. Unfortunately in Arizona, if one party has an attorney, then the case can be kicked out of small claims court, so without an attorney, it is very hard to make small claims work for cases that are worth more than $1650.00. If you have a small case, then it is normally worth it for the insurance company to just settle, rather than paying an attorney to file a formal answer to your suit.
The Law Is On Your Side For Arizona Diminished Value Claims!
In summary, if you have to deal with Arizona diminished value claims, then the case law is on your side and with the proper pursuit, you can recover at least a portion of your loss. The best way to evaluate your case potential is to track down an expert, call them and ask them how much your claim is worth. If they can’t tell you that for free, then they are not a true expert. Once you know how much your case is worth, then you must decide if you have what it takes to make the insurance company pay you for your damages. They owe you for it.
If you have questions or concerns regarding diminished value or total losses, keep in mind that information is always free at Petty Details, LLC and give us a ring anytime!
Fill out the form below today if you are the victim of an auto accident and want to find out if you have a diminished value claim that is worth pursuing and we will tell you absolutely free!