TMC is an independent, primarily volunteer organization that relies on ad revenue to cover its operating costs. Please consider whitelisting TMC on your ad blocker and becoming a Supporting Member. For more info: Support TMC

Our diminished value case is headed to trial

Discussion in 'Off Topic' started by JanT, May 14, 2018.

  1. JanT

    JanT New Member

    Joined:
    May 14, 2018
    Messages:
    3
    Location:
    Pacifica
    I have seen that there are a lot of posts regarding diminished value claims, so I thought I would start my own and provide information that others can use for their own claims. Our 2013 Model S 85 was parked inside our garage. A food delivery person slammed into our garage at a high rate of speed in 2014, smashing the Tesla on both ends. $28k in damages to the car. They have Allstate Insurance. We filed a lawsuit in Superior Court in late 2015. We do not have a lawyer.

    We have already been through Mediation. We did not resolve the matter there because Allstate refuses to acknowledge diminished value claims. They agreed that we had a loss of use claim, but our numbers are vastly different. Make sure to get a Loss of Use Report when you get your Diminished Value Report. I will provide a lot more details after the trial.

    The Diminished Value Report came out to about $19,000. Loss of Use is about the same. Loss of Use is when you were provided with a cheap rental car instead of with a like kind vehicle, as required by law. This may not seem to be an issue for some people, but if you have designated EV lanes in your area that you can no longer use during rush hour, it makes a huge difference in your life. Plus, gasoline charges have now come back into your life. We filed in Limited Civil Court, for claims between $10,000 and $25,000, thinking that it would be an easier Court for us to handle on our own without an attorney. Unfortunately, we are being held to the same rules that govern Superior Court. Except for limiting the amount of discovery they can seek, there is no difference in the courts.

    We go to trial in August 2018. We have plenty of case law showing these cases are successful and there are even Jury Instructions that clearly state that we are entitled to diminished value and loss of use. The law couldn’t be clearer. The Jury Instructions were recently revised because the way they were worded were contradictory to California law so they agreed to revise them so that there is no misunderstanding of the law here. We also found Federal cases that clearly state that we are entitled to diminished value. The insurance companies are digging in their heels merely because people don’t pursue what they’re entitled to. If you are in a different state, that shouldn’t matter because Federal law trumps State laws if there is a difference. Most likely, you will not have laws to keep you from getting diminished value. I can provide all the caselaw I found that supports our position if anyone needs it.

    I am not an attorney, and I am not giving legal advice. I do recommend asking an attorney in your state how to proceed against the at fault driver. We are not suing Allstate, we are suing those responsible for the accident. Allstate is providing the attorneys to defend them. But it appears that the insureds may have a claim themselves against Allstate for bad faith for not settling this case along time ago. But that is for them to figure out after trail. Mercury insurance fought a diminished value case against their insureds here in California, and lost. Because of this, I am going to contact the Insurance Commissioner to let them know what Allstate is doing, even though they know what the law is here. After trial, I can post step-by-step instructions if you want to file your own claim. If you can find a diminished value attorney nearby where you live, that may be a lot easier as they will handle everything for you. You will probably have to give up a third of what you get, but it may be worth it. We did not find an attorney specializing in this kind of law locally, but we did find some down south in the LA area if anyone needs a referral. If anyone knows of a lawyer in the Bay Area that knows about diminished value, please let me know. We would rather hand the case off to an attorney, but if we don’t find one in the next month, at least we have help from attorneys out of the area to help get us through trial.
     
    • Informative x 11
    • Helpful x 5
    • Like x 4
  2. patrick40363

    patrick40363 Member

    Joined:
    Mar 25, 2014
    Messages:
    766
    Location:
    Cali
    Please keep us updated.
     
    • Like x 1
  3. JanT

    JanT New Member

    Joined:
    May 14, 2018
    Messages:
    3
    Location:
    Pacifica
    I will :)
     
    • Like x 1
  4. Akikiki

    Akikiki A'-Lo-HA ! y'all

    Joined:
    Nov 26, 2012
    Messages:
    3,334
    Location:
    Kaneohe
    GOOD LUCK JanT. We will be hoping the best for you.
     
  5. Rockster

    Rockster Active Member

    Joined:
    Oct 22, 2013
    Messages:
    2,093
    Location:
    McKinney, TX
    We went to jury trial with ours and the jury awarded us 100% of what we asked for. At trial, the principal argument on the part of the insurance company was that we weren’t entitled to DV because we hadn’t actually tried to sell the car. Uh, that makes perfect sense...
     
    • Like x 4
  6. MacGreiner

    Joined:
    Oct 12, 2016
    Messages:
    695
    Location:
    MD
    I'll be watching this. Good luck!
     
  7. SabrToothSqrl

    SabrToothSqrl Active Member

    Joined:
    Dec 5, 2014
    Messages:
    2,844
    Location:
    PA
    Fight the good fight. Insurance is such a scam. You pay and pay, then when you need them, they screw you over.
     
    • Like x 1
    • Love x 1
  8. AACS

    AACS New Member

    Joined:
    Jul 3, 2018
    Messages:
    1
    Location:
    Tucson, AZ
    Diminished value claim settlement varies state by state. I have been appraising vehicles in Arizona and California for over twenty years. A case in Arizona changed the law; previously the vehicle had to be sold to quantify the loss, now an appraisal report can be prepared for that purpose. Insurance companies will often state they don't recognize the diminished value and have to be "reminded" that they have settled those claims previously. The sad state of California's auto insurance laws allowing a minimum liability coverage of $5k very often limits the ability of the damaged vehicle owner to seek an equitable settlement. Keep in mind the diminished value claim is settled by the insurance of the at fault (3rd) party. So, the fact that you have paid your insurance diligently and maintained coverage for your vehicle has no impact on the diminished value claim. My experience is that insurance companies in California routinely do not follow the regulations imposed on them indicating an unwillingness of the insurance commissioner to hold their feet to the fire. Insurance companies routinely use "prior damage" as a reason to reduce their payouts on totaled vehicles, yet fail to acknowledge diminished value when the injured party initiates a claim. Please keep us posted on the developments in this case.
     
    • Like x 1
  9. chuckgt3

    chuckgt3 New Member

    Joined:
    Aug 1, 2018
    Messages:
    1
    Location:
    94539
    I have a just received a similar denial from Allstate so am interested in your case. can you provide the information or links to it that you referred to:

    We have plenty of case law showing these cases are successful and there are even Jury Instructions that clearly state that we are entitled to diminished value and loss of use. The law couldn’t be clearer. The Jury Instructions were recently revised because the way they were worded were contradictory to California law so they agreed to revise them so that there is no misunderstanding of the law here. We also found Federal cases that clearly state that we are entitled to diminished value.
     
  10. FlatSix911

    FlatSix911 Porsche 918 Hybrid

    Joined:
    Jun 15, 2015
    Messages:
    5,507
    Location:
    Silicon Valley
    Let us know the outcome of your trial this month.
     
    • Like x 1
  11. nekef1r

    nekef1r Member

    Joined:
    Jul 1, 2018
    Messages:
    18
    Location:
    Cypress, CA
    Interested to know the outcome as well. My Model 3 got rear ended by an elderly lady that was drinking.. I'm so fkn pissed. Thanks!
     
  12. Collision

    Collision New Member

    Joined:
    Aug 20, 2018
    Messages:
    1
    Location:
    Sayner
    Could you please post what federal law you found. Thank you
     
  13. nybw51mr42

    nybw51mr42 Member

    Joined:
    Feb 18, 2018
    Messages:
    230
    Location:
    Los Angeles, CA
    It seems like OP is no longer active. I'm a litigator and would have been happy to give some friendly guidance. Best of luck if you are still reading @JanT
     
  14. Akikiki

    Akikiki A'-Lo-HA ! y'all

    Joined:
    Nov 26, 2012
    Messages:
    3,334
    Location:
    Kaneohe
    Let's not give up so soon. He may be back and we just need to have patience.
     
  15. Kuro68k

    Kuro68k Member

    Joined:
    Oct 10, 2017
    Messages:
    692
    Location:
    Roaming
    I wonder if he claimed for increased insurance premiums too.
     
    • Like x 1
    • Funny x 1
  16. jerry505

    jerry505 Member

    Joined:
    Dec 15, 2015
    Messages:
    126
    Location:
    United States
    What court do you sue in?
     
    • Like x 1

Share This Page

  • About Us

    Formed in 2006, Tesla Motors Club (TMC) was the first independent online Tesla community. Today it remains the largest and most dynamic community of Tesla enthusiasts. Learn more.
  • Do you value your experience at TMC? Consider becoming a Supporting Member of Tesla Motors Club. As a thank you for your contribution, you'll get nearly no ads in the Community and Groups sections. Additional perks are available depending on the level of contribution. Please visit the Account Upgrades page for more details.


    SUPPORT TMC