Diminished Value & Total Losses – Economic Bully Stick

April 26, 2019By Justin Petty

The Harsh Reality of Low Value Claims

If you’re getting a less than fair offer and being given some fake excuse why they won’t pay or being told “take it or leave it” on your low value diminished value or total loss claim ($3500 or less and damages are not your fault), then you have a tough realization to come to. 

That realization is that you CANNOT obtain justice. 

diminished value economic bully stick - economic bully

No joke, you can’t win unless you ignore the economics of it and define justice solely as having your day in court and winning. 

Let me say it again. . .

Unless you spend the majority of the $3500.00, YOU CANNOT OBTAIN JUSTICE if you have suffered $3500.00 or less in property damages like diminished value or a total loss and the person responsible, or their insurance company, is refusing to pay for the full amount of damages. 

Ever so often, an insurance carrier or at fault person will surprise me and simply pay for what they owe, but most of the time, they let their insurance company deny payment, or they personally refuse to pay for the full amount of damages.  That nothing can be done is so hard for people to accept / believe that victims refuse to believe it and constantly attempt to convince me that I am wrong and that if I will just help them, they will prove they can get justice. 

Questions you need answers to!

Below I have listed the 10 most common arguments / questions I hear when I tell victims that their claim is a lost cause, and then below that, I have listed the answers I give them. . . .

1.   No way, that’s why we have a legal system, there has got to be something I can do, right?

2.   You mean to tell me that the insurance company can just get away with not paying?

3.   Isn’t it illegal for them to deny my claim?

4.   Won’t the department of insurance help me?

5.   That ain’t right! I’m gonna call a better expert – do you know anybody?

6.   Well, I am going to sue the insurance company immediately, can you send me information on small claims court?

7.   Fine, if you won’t help, then can you refer me to an attorney?

8. If I spend the money to fight and I win, the other side will have to pay back my attorneys fees and costs, right?

9.   Whatever Justin, I will sue and get the insurance company in trouble for DTPA violations (deceptive trade practices), you didn’t think of that, did you?

10. I will get the media involved and expose this – that’ll work, right?

Want to hear the truth bombs from an expert??

Click below to find the answers to all of these questions and more!

Diminished Value on Luxury Cars

October 5, 2018By Justin Petty

Do you own a high end vehicle like a Lamborghini, Mercedes, Cadillac, Infiniti, Bentley, Rolls Royse, Porsche, Maserati, BMW, Audi, Saab, Lexus or any other vehicle that is considered a luxury or exotic vehicle?

If so, you should certainly be thinking about diminished value if you were involved in a collision! You might not know the technical term for it but you know you’re gonna be put through the ringer when you go to trade that baby in and those are the FACTS!

No matter if you backed into a tree or if some negligent driver crashed into you, it is highly likely that your vehicle has lost value because of the simple fact that it was in an accident. Even if you took the vehicle to the best repair facility around, it doesn’t change the fact that your car was once wrecked.

Diminished value is a concept that has been around for nearly 90 years.

There is law relating to it in Georgia dating back to 1926!

If you’ve been in an accident in your luxury vehicle, what the heck can you do about it?

Find out for yourself straight from our experts! 

Diminished Value Claims – Income Tax Benefits

October 4, 2018By Justin Petty

Let me make this really clear up front: We are not tax professionals!

We do not give tax advice. We are simply pointing you to information to aid in your research when filing your taxes after taking a loss in value after an auto accident.

Did you know that casualty losses are deductible from your income taxes?

In Topic 515 on the IRS’s website, it discusses the types of losses that can be claimed on your income tax.

Diminished value is specifically listed!

Is Kelley Blue Book A Reliable Method for Researching Diminished Value?

September 30, 2018By Justin Petty

Recently, I had a case where an adjuster was negotiating an inherent lost market value claim based on values and condition descriptions found in Kelley Blue Book.

The amount of inherent lost value, or diminished value or DV as it is common to call it, that the adjuster was willing to pay was about $4000 less than what my research and opinion came out to.

Obviously, I argued that KBB was not accurate.

Naturally, the adjuster requested a synopsis on why I believed that using Kelley Blue Book was not a reliable method for researching diminished value.

I happily obliged the adjuster.

Want to read more about why using Kelley Blue Book (or any other online valuation guide) to calculate diminished value is a severely lacking and inaccurate method?

Arguments Against Diminished Value VERSUS The Truth

September 29, 2018By Justin Petty

Back in May, I saw a sad story about a filmmaker in South Africa that was killed by the head butt of a giraffe out in the bush while filming for a movie.

In my mind, I related that to how the giant insurance companies just throw around invalid denials to diminished value claims to shut down the claimant from figuring out how in the heck to fight, therefore making them give up.

Until they find us.

A while ago, I was provided with a pretty big list of arguments that attempted to show why diminished market value on automobiles is not real, or at least why it is never very much.

I am going to address each one, point by point so as to be very thorough.

Mind you, these arguments were made by a professional who evaluates the market of stigma losses on automobiles.

Actual Cash Value or Fair Market Value?

October 16, 2017By Justin Petty

I’ll bet that no one has explained to you what I am about to explain . . .

First of all, the terms Actual Cash Value (ACV) and/or Fair Market Value (FMV) are sorely lacking and ambiguous when it comes to actually helping to define the value of a private passenger automobile. 

In fact, the formal definition in almost every source one can find leaves out the MAIN ASPECT that would make the definition useful. 

The terms ACV and FMV are so ambiguous that they are totally meaningless when it comes to figuring out the value of your vehicle.

Don’t believe me, let’s break it down. 

Start with familiarizing yourself with the “formal” definitions.

Auto Accident – Do You Need an Attorney?

May 11, 2016By Justin Petty

Do you need an attorney for your auto accident?

Answer the question for yourself!

Let me start by saying that some people never need an attorney, and others will always need an attorney.

Additionally, this article is based on my 15 years of claims adjusting experience. I have developed a simple little formula that will help you decide if you need an attorney or not. Keep in mind, this quiz is tailored for auto accidents only, and I make no warranties or guarantees that your result is a foolproof answer.

Ultimately, the only person that can decide if you need an attorney is you.

With that being said, simply answer the following 15 questions and then add up your answers. All of these questions are yes or no questions. Whatever answer you have the most of is your answer to the title of this article.

WHAT’S THE MADE WHOLE DOCTRINE & WHY SHOULD YOU CARE ANYWAY?

March 31, 2016By Justin Petty

Made Whole Doctrine: Are you being preyed upon?

Insurance companies count on vehicle owners not knowing about the law, specifically the made whole doctrine.  They use the lack of knowledge by the layman to prey on accident victims for profit.  Right now, many of the accident victims that are reading this article are being further victimized by their own insurance company, and many times the adjusters that are doing the victimizing have been indoctrinated to believe they are doing the right thing and that they are within the law.

Let me be very clear here:

Insurance companies routinely steal money from their own customers through improper and illegal subrogation activities.

INVALID DIMINISHED VALUE CLAIM DENIAL – 8 Unfair Examples

January 22, 2016By Justin Petty

If you’ve had the displeasure of being in an accident where your vehicle was repairable, you’ve probably experienced a loss in the resale value of your vehicle, no matter how well it was repaired.

Additionally, in the vast majority of cases the insurance company that is responsible for settling the claim with you gives you an unfair and invalid diminished value claim denial.  In my view, the denial of these valid claims is an act of fraud.

If it is fraud, then why doesn’t the insurance company get in trouble for it?

The primary reason is that there are very few attorneys and even fewer accident victims that really understand the denials.  Because of that, it is difficult for the accident victim to defeat the illogical and unlawful reasons that insurance companies use to deny diminished value claims. 

I thought long and hard about what I could do to help accident victims get fair compensation for lost value, and outside of preparing an appraisal for them and directing them to an attorney that will take their case, the best I can do is to educate.  So that is exactly what I will do right now!

I’ve already published one article that gives some responses to common denials, but in this post, I am going to pull out the stops and address every denial reason I can find, and provide all the proper reasons why the denials are invalid, improper, and in most cases, fraudulent.