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MDMGSO47
Member
If there is liability insurance, it covers ALL damages (including DV) caused by the negligent insured up to policy limits. If the liable driver is not covered by insurance up to the state required minimum, he/she id likely covered by state provided uninsured motorist coverage.
Insurance company adjusters will tell you they won't pay DV. They will because they are responsible for all damages caused by their negligent insured and it is an awardable part of damages in court. Also, it is cheaper for them to pay than hire an attorney. Give them a copy of an unfiled complaint and they will pay if you have proof of DV.
AZ Desert Driver
Rare combination
I know that a repaired car will be valued less than a undamaged car...but I have no idea as to how to "show proof of DV" How would one go about this step?
hillestadk
Member
Well I got rear ended last night too. So I'll be following this thread. Worst part is that the guy has GEICO which from what I've read on these threads is not going to be great fun dealing with.
⚡️ELECTROMAN⚡️
Village Idiot
I hired an automobile appraiser that specializes in DV claims against insurance companies. I'll let you know how it goes.
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⚡️ELECTROMAN⚡️
Village Idiot
How many certified shops do you have in your area? I would get estimates from at least two of them. The insurance companies will try to steer you towards their preferred shops. The one they wanted me to use was six months out. They were trying to tell me I should wait that long since my car was still driveable. If the accident was my fault I would be more accommodating but it was their client that ran into my brand new car and now they are giving me a hard time about paying for the full repair from a certified shop.
hillestadk
Member
I'm in South Florida. When i look them up on the Tesla website there are 3 within driving distance. I guess I'll get estimates from all of them before making the appointment with the adjusters. Of course all of the certified body shops have bankers hours, so I'll be taking personal time at work to do so.
We went to small claims court yesterday and the six person jury awarded us 100% of our requested diminished value claim. I'm very pleased with Justin Petty (Petty Details) who appraised the vehicle and who also testified in court as our expert witness, as well as with the attorney that Justin partnered with.
PM me if you want further details.
PM me if you want further details.
Fun fact. If the other party's insurance company refuses to pay DV you can sue the other party. If you win a judgment, the their insurance company must pay it to the limits of their coverage. If the DV is not much more than $10K, you can sue in small claims court for $10K which takes about 30 minutes.
If you sue in civil court, the other party must provide them an attorney free over charge and the cost for the attorney doesn't count towards their liability limits.
If you sue in civil court, the other party must provide them an attorney free over charge and the cost for the attorney doesn't count towards their liability limits.
comanchepilot
Member
I find the amusing part of DV lies in the other side of the equation - involving damage to rental cars.
The appraiser always seems to forget that vehicles used for hire have a much lower resale and wholesale value than those not used in a rental fleet.
I've actually put a car rental company appraiser on the stand and had them testify that they had no idea what adjustment to make for a rental vehicle - which pretty blew his expert status out the window - I asked the judge to toss his expert status - got it granted - leaving the rental company with no estimate of value since I just blew theirs up.
I don't doubt there is diminished value - but with a rental car that number is alot smaller than the number identified - and its NEVER retail.
I had [a car rental company] come after a retained client for this after an accident. In this case they were operating a used car lot to sell the ex-rental vehicles. The judge let me examine their profit and loss, their assumed value which let me discover that they had wholesaled the cars to a subsidiary who had a separate profit and loss sheet for the car selling business - which meant I had a hard number for DV - and they did not discount the vehicles AT ALL for damage that they 'sold' to the subsidiary - this - the damage was zero.
You can imagine when I discovered that, the court was less than pleased in the litigation brought by the company. And they awarded my client attorneys fees under the reciprocal consumer contract provisions in this state. What the company thought was a slam dunk, wasn't.
The appraiser always seems to forget that vehicles used for hire have a much lower resale and wholesale value than those not used in a rental fleet.
I've actually put a car rental company appraiser on the stand and had them testify that they had no idea what adjustment to make for a rental vehicle - which pretty blew his expert status out the window - I asked the judge to toss his expert status - got it granted - leaving the rental company with no estimate of value since I just blew theirs up.
I don't doubt there is diminished value - but with a rental car that number is alot smaller than the number identified - and its NEVER retail.
I had [a car rental company] come after a retained client for this after an accident. In this case they were operating a used car lot to sell the ex-rental vehicles. The judge let me examine their profit and loss, their assumed value which let me discover that they had wholesaled the cars to a subsidiary who had a separate profit and loss sheet for the car selling business - which meant I had a hard number for DV - and they did not discount the vehicles AT ALL for damage that they 'sold' to the subsidiary - this - the damage was zero.
You can imagine when I discovered that, the court was less than pleased in the litigation brought by the company. And they awarded my client attorneys fees under the reciprocal consumer contract provisions in this state. What the company thought was a slam dunk, wasn't.
FlatSix911
Porsche 918 Hybrid
AZ Desert Driver
Rare combination
So I got my MS rear ended by a hit-run. Got a dash cam view of his face, but no license number (yet).
Got a quote of $6000 to fix bumper and 1/4 panel. Now comes the DV question - how much, and who pays?
BTW - it took 22 days from accident to having the repair shop receive the replacement parts. They tell me 14 days in the shop to install and paint. Painful, but not too bad.
Got a quote of $6000 to fix bumper and 1/4 panel. Now comes the DV question - how much, and who pays?
BTW - it took 22 days from accident to having the repair shop receive the replacement parts. They tell me 14 days in the shop to install and paint. Painful, but not too bad.
Unless you are in Georgia, you need to get DV from the guilty party's insurance. Your policy will not cover it.
⚡️ELECTROMAN⚡️
Village Idiot
I just settled my DV claim. $4,500 door replacement cost. $6,200 DV paid to me. $2,000 paid to my lawyer. Total paid by the insurance company: $12,700. If they would have just paid for the complete repair of my car, I wouldn't have bothered with hiring a lawyer, but they left me having to pay $1,300 out of pocket to the auto body shop, because they refused to pay the "Tesla" labor rates.
Sorry to post this in two different threads, but I had to follow through with this post.
I don’t think you can make DV claim in NY. I believe the law is reasonable repair cost or fair market value. The only exception I’ve seen is when a court ruled someone’s car would have appreciated in value if not for the collision. In which case they were eligible for both reasonable repair costs and the diminished value from the accident. Coverage Counsel: New York Appellate Court Holds that Third-Party Diminution in Value Damages Are Recoverable in Addition to Cost of Repairs for Personal Property that Appreciates in Value
If you find out you CAN make a DV claim in NY, please update.
BigNick
Infamous Fat Sweaty Guy
What is the deal with everyone getting rear-ended in their Teslas? It's not as if they have dim or small brake lights (personally I am a huge fan of the full-width third brake light)
I suppose the general driving population knows nothing of regenerative braking?
I suppose the general driving population knows nothing of regenerative braking?
