Diminished Value Claims – Income Tax Benefits

can you file diminished value on income taxes

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?

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.

Click here 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.

Uninsured Motorist Diminished Value Win in Court!

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?

CLICK HERE TO READ ABOUT HOW OUR CLIENT WON AT HER DAY IN COURT!

INVALID DIMINISHED VALUE CLAIM DENIAL – 8 Unfair Examples

invalid diminished value claim denial
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.

READ ABOUT THE DENIALS YOU MIGHT RUN INTO

Auto Dealer Quotes & Diminished Value – The Solution

auto dealer quotes

If you are attempting to recover damages as a result of diminished value, you will undoubtedly be required to prove your loss.

This can be very difficult for the average accident victim. Can you just call around and get auto dealer quotes to prove your loss?  Knowledge of the proper methodologies and form for presenting valid supporting data eludes most laymen. As a former licensed adjuster and current owner of a claim services company, I can attest to how hard it is to document diminished value in a credible manner.

Spill The Beans!  How Do I Prove My Diminished Value?

CLICK HERE TO KEEP READING

Has Attorney Montie Day Changed California Diminished Value Law?

California diminished value law

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.

CLICK HERE TO FIND OUT WHAT HAS CHANGED

Collision Repair – 7 Things You Need to Know

auto collision repair

Worried about your collision repair after an auto accident?

You ought to be.

In nearly 15 years as an adjuster, I have seen some doozies when it comes to collision repair.

Not all shops are crooks, but body shops, like any other business, are in business to make money. Most people are not experts on collision repair, and body shops know this. Taking your car to a body shop is sort of like going to the doctor or hiring an attorney. You kind of have to trust what the doctor or lawyer says because they are specially trained. It is the same for a body shop, you kind of have to trust what they tell you because they are specially trained.

CLICK HERE TO READ MORE ABOUT PICKING A SHOP

BIG Loopholes in Uninsured Motorist Claims Exposed

UM claims exposed

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?

Wrong!

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!

CLICK HERE TO READ MORE ABOUT UM CLAIMS

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