R_Rated

Parts to fix still kill the value - Unfortunately the diminished value is likely greater than the insurance coverage of the defendant.

HelpMeHelpU

Try contacting Billy at http://collisionsafetyconsultants.com/

I am working with him now and believe he's good but no results yet to substantiate that so far.

Good luck.

BradB

My car was repaired to a high standard and I am happy with that. (New rear bumper cover) But the "other guys" insurance company said since they are not "required" by Missouri law to pay a diminished value claim, they will not. I have asked to speak to a manager and haven't had that conversation yet.

I spoke with a couple diminished value firms. One said that if the insurance says no, then there is nothing more he can do. The other is anxious to send a DV report to the insurance company ($275, refunded if the insurance doesn't pay) but I have to wonder what real weight that holds since they are not lawyers.

I'm interested to hear how some of the claims mentioned on this thread have turned out. Any suggestions on tactics would be appreciated. Hiring an attorney is not something I really want to deal with if I can avoid it but I do want to get some of the DV money I think I deserve. Are their lawyers that just deal with this type of case?

fast1

Getting diminished value can be a real challenge, since it seems that most Insurance companies will contest it. I live in MD and it took me a year to collect DV. Notwithstanding the police report which placed blame for the collision on the other driver, the other driver's Insurance company contested everything. The case initially went to binding arbitration, and of course I prevailed. In MD the loser of an arbitration case does not admit guilt.

I contacted an attorney who is a friend of mine and he suggested the Small Claims Court. His billing rate is $300 an hour and he told me that a tactic of Insurance companies is to swamp the suing party with paper work. At $300 an hour, you can see were the dollars will accumulate quickly and of course there is no certainty that you will prevail. My friend stated that no attorney will take a DV case on contingency.

So I had to initiate a case in Small Claims Court. I submitted the police report and a copy of a detailed diminished value appraisal report, and was awarded the maximum that is allowed in Small Claims Court in MD which is $5,000.

Bottom line is that collecting DV was a real PITA for me.

BradB

Thanks for the detailed, if disappointing, story. Makes me wonder if it's worth the fight. Ugh!

maxpowers

Can anyone suggest and attorney in the Miami area? The insurance company is contesting everything and I'm at the point where I need to go to small claims court, but would prefer to have an attorney represent me.

I already hired a firm to do the DV reports and send very professional requests to the insurance company, but they won't budge.

stealthpilot

Who is the insurance company?

If you have to go to court then don't protect them. Shame them.

DIMINISHEDVALUE

This firm send us a lot of work so it seems they are experienced in this type of litigation.

The Law Office of Fausto A. Rosales, P.A.
95 Merrick Way, 3rd Floor, Coral Gables, FL 33134
786.505.1024

maxpowers

Allstate

fast1

I can't speak for Miami, but in MD there is no need for an attorney for Small Claims Court. The process is kept quite simple and informal, at least in MD, so anyone can do it. In my case the Insurance Company was represented by an attorney, but it gave them no advantage whatsoever. As a matter of fact the Judge seemed to favor me in the proceedings and admonished the attorney on two occasions. In my case I presented the DV appraisal report along with the police report and the arbitration decision. My guess is that Insurance companies will contest everything in the hope that the injured party will decide that pursuing a DV claim is not worth the effort.

DIMINISHEDVALUE

FYI and for everyone else interested in this subject of automobile diminished value, unless you are dealing with a quality insurance company like Chubb & Sons, you'll find the same unfortunately poor service from every large insurer. They will all attempt to either deny, mislead or low-ball you in almost every case. What I tell every potential client is that they need two things, a comprehensive appraisal that is not based on a formula, algorithm or simply an "expert" opinion AND persistence. PS: They have no shame.

susansmithfromho

Just wondering how you made out with your diminished value claim?

maxpowers

My claim is still ongoing.

HelpMeHelpU

Nothing yet and NOT happy with the consultant I used, Collision Safety Consultants (Billy Walkowiak). I have a GREAT claim (NJ State Trooper drove his SUV straight into me...I was stopped, beeping my horn, and the Trooper even admitted to be looking the other way!

I am about to switch to another consultant, though haven't selected one yet.

fast1

Good luck with your DV claim. In my case I didn't get any response until I initiated a Small Claims suit. The DV appraiser assessed a DV amount which exceeded the Small Claims Court max for my State, but since I couldn't find any lawyer who would take the case on contingency, I took the Small Claims route. A lawyer isn't required for Small Claims, and the process isn't that difficult to initiate. Nothing like a Court case to get an Insurance company's attention.