sdm100

My MA registered car just got rear ended in RI. other driver ticketed. Rear hatch bumper muffler crushed. Of course will get it repaired but lookin for a good appraiser for diminished value claim in the RI SE MA area. Thanks

Van Larson

Quick lawyer input-free, no value or formal advice, with pix of damage caveat and for prelimary settlement discussions only, Take 9-13K.

sdm100

Just got the insurance repair quote $32K.....wow. Now have to try adding diminished value amount on top of that

PSEE

Is it given that diminished value has a 1:1 ration with repair cost?

If so, I was not aware of such a relationship.

I found this online:

If you have your own collision and comprehensive coverage, your own insurance company won't pay for your diminished value claim.
If you sue the at-fault party's insurance company, though, you could have a valid claim.

Also, it appears there are two types of claims that may be made: first party and third party. In the former, one goes after one's own insurance
carrier, claiming "inherent diminished value", even though a repair may have been expertly made. The language of one's insurance policy
typically spells out the terms and usually says something like: "direct and accidental loss of or damage to the vehicle". Note the use of the word 'direct'.
The understanding is that the perception of diminished value is indirect.

In the latter (third party), one would 'go after' the party liable for the incident for negligently causing damage to one's vehicle. This sounds like a
civil suit to me and gets into the murky area of having to prove negligence. I'd say, "good luck with that!". Of course a lawyer would be glad to
take your case minus 33%.

Ask yourself, does the tort system really work in the US? If so, who really pays for it?

sdm100

Rear end accident, driver who hit me cited. Lawyer friend owes me a few favors....so maybe third party if no satisfaction from my insurer

critchie

$32K repair quote? Why aren't they totaling the car? Yes, I'd say your car now has had its value diminished. This accident will go onto your Carfax report. Would you buy a used car that had a $32K repair? Probably not. But, even if you did, you'd want a substantial discount. You may wish to push to have the car totaled.

PSEE

You should re-read my post. It is highly unlikely your or the other party's insurer provides diminished value
coverage or payouts. It is also likely it will be stretch to prove the other vehicle's operator was willfully negligent.
Not just an accusation or a suspicion - but proof. You'd probably have to convince a jury of that. Trying to get 6
or 12 people to agree on anything, at best, is an uphill battle.

As the post above recommends, get your vehicle totaled and move on with your life. Be glad there were no
accident-related bodily injuries.


Pax...

sdm100

Insurer going after diminished value claim. As for proof hit in back at stop light , other driver cited. what more negligence do you need?

Mark in Baltimore

Sorry about the hit. Can you post photos of the damage? It would be informative to know what $32,000 of rear end damage in a Macan looks like.

BudgetPlan1

Here in the lawyer-up land of 'Someone Must Pay!' it works quite well...for the lawyers.