Have you had trouble getting your diminished value claim settled?
So did our client Kelly in San Mateo, CA so she hired us as her experts. She had a 2016 Audi Q3 2.0T Premium Plus with over $20K in damage after an accident that wasn’t her fault and, although it should have been totaled, the at-fault insurance carrier INSISTED it was repairable!
She submitted her $6100 DV claim and got the typical immediate denial.
Because California only requires $5K in property damage liability coverage, insurance companies COMMONLY attempt to use this denial / delay tactic…
Here’s how it works:
The responsible carrier will refuse to address the victim’s out-of-pocket damages (like Loss of Use and Diminished Value), arguing that the VICTIM’S insurance carrier needs to subrogate first.
If this happens, the victim almost never gets paid for Diminished Value. Since your own policy doesn’t cover diminished value, you MUST get it from the at-fault person’s carrier so the subrogation claim must wait until you recover your DV.
Otherwise, the subro claim could exhaust the limits of the at-fault party’s policy, leaving you empty-handed with no way to recover. The Made-Whole Doctrine exists to combat this inequity (search more about this topic on our blog).
Once she made everyone aware that she knew her rights, Kelly got the full Diminished Value settlement of $6100 and her insurance company was forced to wait on their subrogation claim.
Do you need a great expert appraiser to help with your diminished value auto claim?
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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 the marketing director, I do a lot of search term and keyword research to make sure auto accident victims find us when they do their research online and recently I saw a couple of searches asking “is diminished value a scam” and even searching “petty details scam”. For a moment, I was almost mad at the computer seeing our name paired with the word “scam” because of how passionate we are about our work but then I realized – they’re just like me! I know I would be searching that same thing if we were thinking of hiring expert help in a very niche-y subject such as diminished value from someone online. (more…)
We are proud to show off our hard work with the launch today of our new website (which you have obviously found if you are reading this.)
We have made it a mission to make our resources easily available to provide the most people with free information about their diminished value, total loss claims and tons of other topics.
How to make a diminished value demand
How much your diminished value claim is worth
If your total loss is worth fighting for
How much your injury might be worth
The small claims court process
We have compiled all of the free help we’ve given over the years here on our new website to make it easy for auto accident victims to find the answers they need to make an informed decision when dealing with their insurance claim.
We thank you for your support over the last 5 years and we are ready to give you more free information than ever to help get your diminished value and total loss claims resolved as painlessly as possible! You won’t believe our customer service because we truly do focus on each individual claim and spend all the time it takes to answer your questions right up front to make sure you feel confident moving forward with our help. We stay by your side throughout the process so you will never wonder who to call when you don’t know the next step. Rely on Petty Details for the real expert help you need with your diminished value, total loss or small claims issues – our success rate is the highest because we don’t give up!
Josh found himself in a situation we run in to more than we would like to admit! He got hit by two different people THREE MONTHS APART! His year began with an accident in February and then in May he was hit AGAIN by another person. He didn’t know the first place to start but knew his 2010 Ford Mustang GT had lost a ton of value after being wrecked and repaired twice in three months! (more…)
Throughout the country, individuals are realizing that they have a right to recover the inherent lost market value (diminished value) that occurs after a vehicle has been wrecked and repaired.
UPDATED JAN. 2016
There are only two states where case law does not support recovery of diminished value in a negligence cause of action. California is not one of those states. New case law in California is clear that it IS possible to recover for the diminished value of your vehicle if you are able to prove your loss. (more…)
After buying a report for her Volkswagen diminished value claim from one of our large competitors who makes it to the top of all the Google searches, Amy found herself helpless when her 2012 Volkswagen diminished value claim was denied. She started to research for herself which led her to our site where she signed up for a free claim consultation. (more…)
I guess most of us have heard of the placebo effect, but just in case. . . here’s my definition:
Being told that a pill (you don’t know it’s just sugar) is a fix for a problem, then having the problem resolve. The healing effect due ONLY to the belief of having a healing medicine, and not any actual physical medicine.
I think this is a great example of the power of thought on the physical world. It is at the very least, evidence that it may be possible to think healing into being. As I was reviewing my historical records of how diminished value claims are settled, I began to think about and analyze the conversations and belief patterns of my customers as they behaved and thought about their insurance claim potential. The placebo effect is rampant.
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 that the adjuster was willing to pay was about $4k less than what my research and opinion came out to. Obviously, I argued that Kelley was not accurate, and naturally, the adjuster requested a synopsis on why I believed that using Kelley Blue Book was not a reliable method for researching inherent lost market value, or DV as it is becoming common to call it (diminished value).
I happily obliged the adjuster, and here in this blog entry, I will re-cap why I think using Kelley Blue Book (or any other online valuation guide) to calculate DV is a severely lacking and inaccurate method.
Okay guys listen, it is possible to file a diminished value claim against your own insurance company.
In Texas, there are still some courts that will hear a case under the collision portion of your policy, and there is at least one case in Dallas where the trial court agreed that diminished value was part of the damage calculation that should be used under the collision portion of a policy.