Get ready for your mind to be blown in the latest article from Justin Petty regarding the Appraisal Clause and how much it can vary from policy to policy.
You will see four different versions of the appraisal clause and he’ll compare them and show you some of the differences/problems with them. He’ll also talk about how they work and how the clauses can sometimes be worded in a way that ultimately works AGAINST you, even though everyone normally assumes it was created to HELP you!
Read his opinion about these different appraisal clauses and how you might be able to deal with them if you are trying to resolve your total loss.
You might walk away with more questions than you had before – luckily, Justin is just the guy to point you in the right direction!
How Our Client’s $5000 Success Can Lead the Way to Your Success!
Having an uninsured motorist or under-insured motorist diminished value claim (UM/UIM claim) doesn’t usually qualify for the fun list, but if you’re faced with having to deal with this type of diminished value, it pays to educate yourself about these types of claims! It paid our client $5000 to be precise!
Let’s start this article out right with the great news! We just had a client go to court in Collin County, Texas and she got a big win thanks to our appraisal, expert help and our attorney who stepped in to get that case into court! More details about that case are a few paragraphs below so keep reading!
The Norm for Uninsured Diminished Value Claims – a BIG FAT DENIAL
Believe it or not, the vast majority of insurance adjusters do not get any training on how to handle an uninsured motorist diminished value claim. In fact, insurance companies routinely refuse to pay for uninsured motorist diminished value claims and make up all kinds of excuses why they don’t owe for them. It’s just a claims handling tactic meant to deter people that don’t have much wherewithal or persistence. With just a little bit of research, you can prove to yourself that your own insurance company owes you for any inherent diminished value you sustain due to an uninsured or under-insured motorist.
The best case to cite for a Texas uninsured motorist diminished value claim is the Noteboom vs. Farmers case that you can easily find with an internet search.
Now, don’t get all excited since you now know the truth.
You can rest assured that even with the exact right answer and perfect evidence, the insurance company will balk and typically refuse to pay anything near the real diminished value amount. When that happens, you have to know how to bring your claim to a close without messing up your ability to use the court system.
How Can You Fight for Diminished Value on your Uninsured Motorist Policy?
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.
In the small world of automobile claims, there’s new buzz surrounding California Diminished Value law and the recent changes in California Jury Instructions regarding property damage to automobiles.
The changes came in response to one attorney’s relentless pursuit of justice. Attorney Montie S. Day refused to sit idly by when he realized California insurance carriers and their adjusters were using language in official jury instructions to try and make accident victims believe they could not legally recover lost value damages. Specifically, we’re talking about inherent lost market value to automobiles, or as it is more commonly known, diminished value or simply DV. Market surveys and sales prove that damaged and repaired vehicles are generally less desirable (thus, less valuable) on the resale market than identical vehicles that have never been damaged and repaired.
What’s interesting here is that big changes are expected, yet there is no new California Diminished Value law. What the insightful Mr. Day attacked was not improper law (jury instructions are not law, and the law in California already recognized the right of a victim to recover inherent lost value aka diminished value). Instead he realized insurance carriers were using language in the jury instructions to mislead accident victims and imply that the law in California would not allow recovery of inherent diminished value, so he attacked and exposed that unfair and misleading tactic.
As a veteran adjuster and automobile damage claim litigation specialist, I have seen countless claims where the at fault party is unknown.
No problem if you have uninsured motorist coverage, right?
Click here to read the rest of the article and find out important facts you need to know about your Uninsured/Underinsured Motorist coverage that may make you shiver in your boots!
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