Does your car have to be sold in order to “prove and/or realize” diminished value?

does your car have to be soldHave you gotten a denial that says your car has to be sold in order to get diminished value?

Don’t get lied to and hear from Justin how to fight that argument.  It really is about logic but some things go out the window when dealing with a property damage claim.  Read more about how this graph directly affects you after an auto accident.


Invalid Diminished Value Denial – 8 Unfair Examples

invalid claim denialsIf 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.  You might have also gotten a denial.  Have you heard any of these?

  • The amount requested is solely based on an opinion.
  • We don’t owe for stigma damages.
  • We don’t believe in diminished value.
  • The repairs were done right, so there is no lost value.

There are more where that came from so read what defenses you should use to fight against these arguments!


Diminished Value in Texas – How Does It Compare?

Dealing with Diminished Value in Texas

dv in txIf you have a repairable collision claim in Texas, then you may be entitled to recover for your vehicle’s diminished value. In Texas, if you file a third-party auto claim, then if your claim meets certain standards, you would likely recover diminished value if the case went before a jury.

Diminished value in Texas compares to other states in this capacity through the negligence law rules.  In Texas, if one is over 50% at fault for a loss, then they cannot recover damages from a less negligent party. The kicker is that if they are only 10% at fault, then that 10% can be deducted from their damage amount. Some States have a law that applies negligence in a pure manner. For example, if you are 10% at fault, then you owe 10% of the other person’s damages. If you are 61% at fault, you can still recover 39% of your damages.



USPAP Diminished Value Appraisal


diminished value appraisalWe know insurance claims and the techniques that are used to successfully recover diminished value better than any other provider. Additionally, we hold over 17 years evaluating vehicle values and damages and know what is happening on the inside at the insurance company. This is more than we can say for a lot of the “experts” that you may find by doing a Google search on diminished value claims. We have had many customers buy ANOTHER diminished value appraisal from us after getting one of their unsubstantiated reports.

If your case ends up in front of a judge, you need to have a credentialed professional to back up your technical evidence on your diminished value claim. Petty Details, LLC prides itself on the specialized knowledge, training and experience we have for successfully documenting diminished value claims. In addition to the quality and acceptability that comes from getting an appraisal from an insurance claims expert, we also pride ourselves on being unbeatable when it comes to price. We want to help individuals recover the money they are owed and we want insurance companies to get non-skewed diminished value appraisals from a reliable company. We want to help fight back against inaccurate “appraisals” from so-called “experts”.



In this FREE diminished value guide, we answer all of your questions about diminished value and how to pursue your claim.  Whether you are just starting your research or have gotten lost in the internet clutter, this guide will be the only thing you need to read to make your decision on whether to pursue your possible dv claim.

diminished value guideFind answers to topics like:

  • First Party vs. Third Party Claims
  • Getting a ballpark figure for Diminished Value
  • How to make a demand
  • How to find an expert
  • What to look for in a body shop
  • How to hire an attorney and issues you may run into

After reading, just request a free claim consultation from our website and we will tell you what we think your claim is worth at no cost or obligation to you!  

We’ll make your life easier with answers all in one place at Petty Details!




expert help

If you’ve found this information, then you’ve probably been involved in an auto accident of some sort and you are seeking recovery for property damages you have incurred.  Its not uncommon to have a dispute with the insurance company over your claim.

Disputes most commonly occur over the dollar value a claim is worth.  Fill out the form to the right to get our sample demand and make your diminished value demand today!  We’ll even give you a free consultation to tell you how much it’s worth – it only takes a few minutes!




A Little About Making A Diminished Value Demand

Justin wrote a blog post recently and below are the tips he gave for making your own diminished value demand:

This is a difficult topic to quickly and sufficiently cover, but we’ll give it a shot by focusing on general guidelines and common tactics for most insurance claims.  We’ll assume that you have sufficient language and grammatical skills to compose a demand letter that doesn’t contain glaring mistakes.

So let’s get right to it using a simple car accident scenario. . .

Example Diminished Value Claim Dispute:  

Jack and Jill went up the hill (in their car) to fetch a gallon of purified water.  Jack got a dang ol’ spider on him right before they reached the top of the hill and swerved into oncoming traffic, side-swiping a new car.  The owners of the new vehicle make a claim against Jack’s insurance policy (they are not injured) and once the vehicle damages have been estimated, the insurance company tells the owner of the new vehicle that the insurance will pay such and such amount.

This is not sufficient to cover all the damages that the owners of the new vehicle claim they have suffered so they now have a dispute.  This kind of dispute is the most common that I deal with on a daily basis.  The owners of the vehicle believe the value of their insurance claim (diminished value or total loss) is more than the insurance company does.

I have to point out that this scenario is a third-party tort claim (civil negligence).

The insurance for Jack promises to pay for damages (to a third party) for which Jack is legally liable / negligent.  This means anybody claiming that Jack owes them money must prove to his insurance company that Jack is legally liable for all their damages, and the exact amount (which can be pretty difficult).

Tips for writing a demand

Let’s say the insurance company says your car will need $5000.00 in repairs, but the best quote you have is for $7500.00 and you also aren’t even counting your diminished value.  You know that to get it fixed right it will cost more than $5K, and even after it is perfectly repaired, it now has a marred history, further reducing its marketability. You figure you’ve got at least $10,000 in real damages, but the insurance company is sticking by their number.  So here are some tips for putting your dispute in writing:

  1. Demand more than you think you will get, but not so much that you seem greedy.
  2. Be humble, but firm.
  3. Be specific.
  4. Show willingness to negotiate.
  5. Do not bluff.
  6. Research your legal options and evaluate your cost before you make a threat.

Diminished value success is not hard to come by, you just have to have the RIGHT EXPERT!  We help tons of accident victims and attorneys move their diminished value claims to resolution with our free answers, diminished value appraisals and service during the claims settlement process.

Click on the images below to read more about clients with diminished value success stories and the challenges they dealt with!

2013 Kia Sorento Diminished Value Award: $3,000!
Diminished Value on an Infiniti G37 – Award of $7500!
2012 Audi A6 Diminished Value Success!
Chevy Malibu Diminished Value Award – $1000!
Honda CRV Diminished Value Success!
Fiat Diminished Value Success
Ford Mustang Diminished Value Claim Won $7,000!
2013 BMW Diminished Value Award – $9,000!
Ford Expedition Diminished Value – Awarded $9K!