State Farm wants to play it hard, denying diminished vlaue claim.

[timk225]

After my 3 had $10,500 worth of repairs done this month, I went and got 4 appraisals online, including one from KBB showing pre-accident value. To send to State Farm for my diminished value claim. Because no matter how good the work it, it now has an accident history and that equals less value.

State Farm emailed me today, saying I didn't meet burden of proof to show my particular vehicle value before and after the accident that was all the other guys' fault.

Suggestions? I talked to Tesla and a couple car insurance places about getting an appraisal, and they were all like "Huh? Derrrwhaaa? Appraisal? We don't do appraisals."

It doesn't surprise me that State Farm will play it like this, so what's my best next move?

 

[jmaddr]

Lawyer. Had a friend with a Trackhawk that was rear ended. Only way to get movement was to have a lawyer se d something in. Many will work for free until the check comes in.

 

[Silicon Desert]

Lawyer. Had a friend with a Trackhawk that was rear ended. Only way to get movement was to have a lawyer se d something in. Many will work for free until the check comes in.

Well maybe yes, maybe no. According to the wife whom did this for 35 years. MOST attorneys will "work for free" only if there is a personal injury involved in the claim and then take 1/3 of the money (plus expenses) when the check comes in. And if it has to go to court, then 40% or more goes to the attorney. Not so many are willing to take a cause for simply diminished value unless paid in advance, but sure you can probably find one to help without paying in advance.

 

[jelloslug]

Well maybe yes, maybe no. According to the wife whom did this for 35 years. MOST attorneys will "work for free" only if there is a personal injury involved in the claim and then take 1/3 of the money (plus expenses) when the check comes in. And if it has to go to court, then 40% or more goes to the attorney. Not so many are willing to take a cause for simply diminished value unless paid in advance, but sure you can probably find one to help without paying in advance.

Some money is better than no money.

 

[Silicon Desert]

Some money is better than no money.

Yes, but maybe I should have said that it is possible he may pay an attorney in advance with no guarantee of getting a discount. It has happened. So in that case, no money gained is better than money lost But sure, there is a good chance of getting some money. OP, just make sure if you are required to pay an attorney in advance that you get a guarantee of success or get your deposit back. That's what my wife used to do with clients. Ask SEVERAL attorneys.

 

[CyberGus]

This is from 8+ years ago, but apparently State Farm's position is that a car should not suffer diminished value if the repairs were done properly:

Diminished value car insurance claims get the wrecking ball

"...courts have ruled that comprehensive and collision coverage limit liability to payments for proper repairs and do not provide for payments for losses in value...courts that have set this precedent include those in Delaware, Indiana, Florida, Maine, Massachusetts, South Carolina, South Dakota and Texas. A few appellate courts have made similar rulings, including those in Illinois, Louisiana, Missouri, Pennsylvania, Tennessee and Wisconsin."

 

[XLR82XS]

So if it's repaired poorly the insurance company advises the repair facility to remedy the sub-par work. That may not be possible if that specific company is not capable of making is correct. Is there a stipulation to allow customer to have a different facility repair the vehicle?

 

[BDV300]

Suggestions? I talked to Tesla and a couple car insurance places about getting an appraisal, and they were all like "Huh? Derrrwhaaa? Appraisal? We don't do appraisals."

Had pretty much the same issue when my truck was hit. I had to use an insurance form called a 17C (standard diminished value claim form) to get my point across. I talked to a couple of lawyers who supposedly specialized in such things, but since I wasn't injured, they weren't much help. In the end, I was able to get an extra $4500 on the claim due to diminished value.

 

[ItsNotAboutTheMoney]

This is from 8+ years ago, but apparently State Farm's position is that a car should not suffer diminished value if the repairs were done properly:

Diminished value car insurance claims get the wrecking ball

"...courts have ruled that comprehensive and collision coverage limit liability to payments for proper repairs and do not provide for payments for losses in value...courts that have set this precedent include those in Delaware, Indiana, Florida, Maine, Massachusetts, South Carolina, South Dakota and Texas. A few appellate courts have made similar rulings, including those in Illinois, Louisiana, Missouri, Pennsylvania, Tennessee and Wisconsin."

I believe that rulings are related to _own fault_ crashes. They won't cover.

But if some other dumbass did it, the person at fault has to make you whole. Whether their insurance covers that and you have to go after the individual is a different matter.