Anyone have a successful Diminished Value / Loss of Use Claim?

[Rossi]

I recently (obviously) handled a DV and LOU claim for a model 3 here in CA, which I settled for $13,000ish. I used a report from an expert who I have used in the past who estimated both components of the claim. This is a state law claim so my demand letter would be of no use to you since it cites to CA law. My opinion is that you need a lawyer even if you have a report or they will deny your claim - unless you file and serve.

Hey jjlawyer

I'm in NorCal and need to make a DV & LOU claim on my Model S which someone backed up into in the parking lot. They have claimed full liability, but their insurance is playing coy on giving me a similar rental. I have not even brought up DV yet.

Thanks in advance,

rossi

 

[Struja]

I recently (obviously) handled a DV and LOU claim for a model 3 here in CA, which I settled for $13,000ish. I used a report from an expert who I have used in the past who estimated both components of the claim. This is a state law claim so my demand letter would be of no use to you since it cites to CA law. My opinion is that you need a lawyer even if you have a report or they will deny your claim - unless you file and serve.

Isn’t this jurisdiction contingent?

I am licensed in Ontario, New York, New Jersey and Connecticut and I can tell you that I can’t say for certain for each jurisdiction but Ontario (for example), does not recognize either as a viable cause of action.

 

[burbey]

I used these guys for my dispute with insurance when my model s was totaled. Highly recommend talking to Justin.
Home ⋆ Petty Details - Diminished Value Experts

 

[California Tom]

I recently (obviously) handled a DV and LOU claim for a model 3 here in CA, which I settled for $13,000ish. I used a report from an expert who I have used in the past who estimated both components of the claim. This is a state law claim so my demand letter would be of no use to you since it cites to CA law. My opinion is that you need a lawyer even if you have a report or they will deny your claim - unless you file and serve.

Hi, I have a similar issue to OP but am in California. Could you refer me to your CA loss of use expert? In my case, another driver hit my vehicle and was determined to be 100% at fault. I have a Model S P100D ($150.7k) and had 55 days loss of use. The other drivers insurance company would only offer loss of use to cover a Nissan Maxima, so I didn't accept their settlement offer and trying to figure out what to do next. Seems we disagree on what a similar vehicle is, and I can't find any laws that actually spell it out. I pay about $2,300 a month to lease my car, and a $35k Nissan Maxima seems pretty far from similar to me. I keep hearing different thing on what the CA law requires here - similar size vehicle some people say, and others say it must be on the same quality. If anyone knows the actual law here on exactly what a similar vehicle is, I would love to learn it.

Thanks,
Tom

 

[MXMS]

I'm in CA too. Anyone find a LOU or DV expert or attorney that has help them with a LOU or DV claim in CA? I have been reimbursed for about half of the days I was without my car. From date of collision to return of vehicle was 122 days. The at-fault's insurance company (Liberty Mutual) does not want to pay me for the 50+ days that the car sat waiting for parts from Tesla. My airbags went off so I was not able to drive my car during those 122 days. Liberty Mutual wants me to go after Tesla for not having the parts available. Does anyone know if the insurance company has a right to deny paying LOU for days waiting for parts if the car was not operable?

 

[CM3SRPlus]

I recently (obviously) handled a DV and LOU claim for a model 3 here in CA, which I settled for $13,000ish. I used a report from an expert who I have used in the past who estimated both components of the claim. This is a state law claim so my demand letter would be of no use to you since it cites to CA law. My opinion is that you need a lawyer even if you have a report or they will deny your claim - unless you file and serve.

Any chance you'd be willing to share the form you used for the demand letter? I'm in CA and planning to send to the insurance co, and then file and serve if necessary. Also, would you mind sharing how much the Model 3 LOU per day was?