Quantcast

Diminished Value Car Insurance Claim

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
Aaaand last night as I'm driving home on the highway traffic comes to an abrupt halt. The pickup behind me stops, the guy behind him was towing a 7K lb trailer and could not. He slams into the guy behind me who is then driven into the back of my truck. Sucks to be in an accident, sucks a bit less when it's not your fault.

I have an appointment tomorrow to assess the damage, however, I know that the value of the vehicle is diminished now that it has an accident against it. I know there is a vehicle for filing a claim to the auto insurance for the diminished value of the vehicle. Has anyone done this before? From everything I'm reading the insurance companies will pretend you don't know what you are talking about but it is a legitimate request and I am entitled to additional compensation.

Personal experience anyone?
 

jdcamb

Tool Time!
Feb 17, 2002
20,019
8,729
Nowhere Man!
Aaaand last night as I'm driving home on the highway traffic comes to an abrupt halt. The pickup behind me stops, the guy behind him was towing a 7K lb trailer and could not. He slams into the guy behind me who is then driven into the back of my truck. Sucks to be in an accident, sucks a bit less when it's not your fault.

I have an appointment tomorrow to assess the damage, however, I know that the value of the vehicle is diminished now that it has an accident against it. I know there is a vehicle for filing a claim to the auto insurance for the diminished value of the vehicle. Has anyone done this before? From everything I'm reading the insurance companies will pretend you don't know what you are talking about but it is a legitimate request and I am entitled to additional compensation.

Personal experience anyone?
Colorado is a Tort System state. A Police Report needs to establish fault for any case to proceed. After fault has been established you can sue for loss of Value, to recover your deductible and or any expenses your Insurance company doesn't cover in regards of the limitations specified by your policy. I recommend a trip to the library. You may be required to have proof of extra ordinary depreciation. Your insurance agent may be able to help you determine that. To qualify I am not from Colorado and live in a no fault state....
 

mandown

Poopdeck Repost
Jun 1, 2004
21,297
8,747
Transylvania 90210
Yeah. I'd suggest a read of what the policy covers. The insurance most likely says it will pay to repair physical damages and actual expenses and losses. I don't think there is generally a requirement for it to cover the market value of the object at a point in time. Losses are generally measured at the event date, when realized. If the resale value of the car is decreased due the accident, the choice to resell is yours, and no responsibility of the insurance company. The market risk of ownership.
 

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
Interesting. I'll have to look into it some more then. I know the state of Colorado has a diminished value law on the books intended to cover this sort of thing, but it's a bit foreign to me. I was directed to file the claim with the other guy's insurance rather than going through my own (they have already accepted liability for the incident).

I'm not looking to enrich myself off of this, just want to make sure that I walk away from it fully compensated.
 

mandown

Poopdeck Repost
Jun 1, 2004
21,297
8,747
Transylvania 90210
The tricky part is getting a valuation for the before and after. I don't know what the requirements for that law are, if any are specified. I think the policy may not cover you, but the law may entitle you to seek compensation in court. Just guessing.
#ifiwasincharge
#imnotincharge
 

Nick

My name is Nick
Sep 21, 2001
24,716
16,110
where the trails are
Don't listen to either of these guys, they don't know what they're talking about. The depreciation is only going to landslide after you get the repairs done. My advice? Dump that albatross! I'll give you $5k for it as soon as you get it "fixed". No worries buddy, you're welcome!
 

jdcamb

Tool Time!
Feb 17, 2002
20,019
8,729
Nowhere Man!
The tricky part is getting a valuation for the before and after. I don't know what the requirements for that law are, if any are specified. I think the policy may not cover you, but the law may entitle you to seek compensation in court. Just guessing.
#ifiwasincharge
#imnotincharge
The valuation would have to occur immediately before the accident and be verifiable to substantiate your claim before a Judge or Court Advocate. Having a witness who can substantiate your claim like a mechanic or anyone that came into contact with said vehicle with a verifiable time and place would be where I can only assume the bar would be set. That witness cannot be your relative, but can be as arbitrary as a neighbor or friend. Your claim would be fulfilled based on what other cases similar to yours would be settled or dispensed for. Most situations like yours end in Arbitration. Your advocate may require compensation from your award. You may need to measure your risk to reward before you proceed. If you have a advocate that is willing to work for you Pro Bono, then go for it....
 
Last edited:

Toshi

butthole powerwashing evangelist
Oct 23, 2001
39,437
8,526
The valuation would have to occur immediately before the accident and be verifiable to substantiate your claim before a Judge or Court Advocate. Having a witness who can substantiate your claim like a mechanic or anyone that came into contact with said vehicle with a verifiable time and place would be where I can only assume the bar would be set. That witness cannot be your relative, but can be as arbitrary as a neighbor or friend. Your claim would be fulfilled based on what other cases similar to yours would be settled or dispensed for. Most situations like yours end in Arbitration. Your advocate may require compensation from your award. You may need to measure your risk to reward before you proceed. If you have a advocate that is willing to work for you Pro Bono, then go for it....
There are lots of pre-smushing photos of his nice Tacoma on teh Interwebz, thankfully.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,763
14,852
Portland, OR
The body shop I used last time did that for me, or at least looked into it. Since my damage was minimal, it didn't need it, but it was part of the service. I would talk to the body shop you use, I would also take it to the shop of your choice.
 

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
The body shop I used last time did that for me, or at least looked into it. Since my damage was minimal, it didn't need it, but it was part of the service. I would talk to the body shop you use, I would also take it to the shop of your choice.
That's the plan. I have to take it to one of their shops for the appraisal but I will be asking for it to be fixed at the shop of my choosing.
 

RoboDonkey713

Monkey
Feb 24, 2011
678
462
Maine
I was in the same type of accident about 10 years ago with a truck that was less than a year old. I was advised by a friend of mine who worked in the automotive industry to do this. I looked into it and you basically have to sue the person who hit you's insurance company to make it happen. I didn't and when I had to trade the truck in 2 years later, I got hosed for 2k in trade in value because it was hit. Do it.
 

dan-o

Turbo Monkey
Jun 30, 2004
6,499
2,805
I always file through my own insurance company, not the other drivers.
You are their customer, don't let them pawn this headache off to people who give less of a shit about you.
Keep them accountable to making sure you're properly taken care of and let them battle the other company.

We also always get appraisals and repairs done at our shop of choice.
The insurance companies will fight you on this but, at least here in MA, they cannot dictate where vehicle is repaired.
You will always be low-balled/glossed over when using their appraisers and repair shops.

One of our new F150s (aluminum) was hit recently. 8mos old and 15k miles, basically new.
The shop deemed new door panels and full side repaint needed, insurance tried to get by with bondo and spot painting.
Needless to say it was fixed correctly using OEM parts.
You need to advocate for yourself or prepare your anus.
 

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
I always file through my own insurance company, not the other drivers.
You are their customer, don't let them pawn this headache off to people who give less of a shit about you.
Keep them accountable to making sure you're properly taken care of and let them battle the other company.

We also always get appraisals and repairs done at our shop of choice.
The insurance companies will fight you on this but, at least here in MA, they cannot dictate where vehicle is repaired.
You will always be low-balled/glossed over when using their appraisers and repair shops.

One of our new F150s (aluminum) was hit recently. 8mos old and 15k miles, basically new.
The shop deemed new door panels and full side repaint needed, insurance tried to get by with bondo and spot painting.
Needless to say it was fixed correctly using OEM parts.
You need to advocate for yourself or prepare your anus.
Good info, thanks. I think I'm going to bail on the damage assessment they had scheduled today at their shop and go get an estimate from an independent shop of my choosing. I can only assume they will be a wee bit fairer to me when it comes to estimating the damages and the cost to correct.

Whenever I have to deal with insurance companies I always prepare my anus. Nobody ever walks away from that feeling good.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,763
14,852
Portland, OR
"One of our new F150s (aluminum) was hit recently. 8mos old and 15k miles, basically new.
The shop deemed new door panels and full side repaint needed, insurance tried to get by with bondo and spot painting.
Needless to say it was fixed correctly using OEM parts..
That would damn near total one of those out. :rofl: I've seen a few repair bill examples of those new beer can F150's. :twitch:
 

dan-o

Turbo Monkey
Jun 30, 2004
6,499
2,805
That would damn near total one of those out. :rofl: I've seen a few repair bill examples of those new beer can F150's. :twitch:
QFT.
I'm not that impressed so far with the aluminum. The truck in question has far more visual damage than it should for the use it's had. Fortunately it keeps getting hit so it's always getting repaired and repainted. :rofl:

My steel super duty still looks great despite having taken far more abuse.
I was excited about the no-rust aspect of the aluminum, which has merit around here, but the 'more dent resistant' spiel is total bullshit.

I'm sure they'll sort it out but I'm not replacing my current truck until I need to at this rate.
GM is switching to aluminum soon too, so there's no place to hide.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,763
14,852
Portland, OR
Good info, thanks. I think I'm going to bail on the damage assessment they had scheduled today at their shop and go get an estimate from an independent shop of my choosing. I can only assume they will be a wee bit fairer to me when it comes to estimating the damages and the cost to correct.

Whenever I have to deal with insurance companies I always prepare my anus. Nobody ever walks away from that feeling good.
The dude that hit my car handed me $200 cash to get my car detailed to see if it would buff out. It didn't, but the insurance wanted to count the $200 cash he gave me in the claim. I told them that wasn't money he gave me towards the repair, that was money he gave me to get my car detailed, and I did. It was still a grand to repaint my door. :rofl:
 

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
QFT.
I'm not that impressed so far with the aluminum. The truck in question has far more visual damage than it should for the use it's had. Fortunately it keeps getting hit so it's always getting repaired and repainted. :rofl:

My steel super duty still looks great despite having taken far more abuse.
I was excited about the no-rust aspect of the aluminum, which has merit around here, but the 'more dent resistant' spiel is total bullshit.

I'm sure they'll sort it out but I'm not replacing my current truck until I need to at this rate.
GM is switching to aluminum soon too, so there's no place to hide.
I recently saw reports of Ford having galvanic corrosion issues with the frame of the aluminum F150s. But at least you can take solace in the fact that the body panels will still be good!
 

canadmos

Cake Tease
May 29, 2011
21,756
21,225
Canaderp
There was an article about an F150 getting its antenna ripped out by the car wash. It was a $6k repair.

On a side note..... Why do any vehicles still have those whip antennas?

6K to repair that seems like a lot, but I'm guessing that they didn't really "repair" anything. They probably just replaced the panel and antenna. Getting that panel replaced probably has quite a few book hours for labour. Maybe the dealer also had to paint the new panel, which would add even more to the fix. And replacing the panel would also mean that the dealer just ordered and replaced some other parts; like that F150 emblem, which probably retails for 50-100 bucks. :crazy:
 

Adventurous

Starshine Bro
Mar 19, 2014
10,769
9,756
Crawlorado
On a side note..... Why do any vehicles still have those whip antennas?

6K to repair that seems like a lot, but I'm guessing that they didn't really "repair" anything. They probably just replaced the panel and antenna. Getting that panel replaced probably has quite a few book hours for labour. Maybe the dealer also had to paint the new panel, which would add even more to the fix. And replacing the panel would also mean that the dealer just ordered and replaced some other parts; like that F150 emblem, which probably retails for 50-100 bucks. :crazy:
An autobody shop explained to me at one point that it's never as simple as painting just one panel, if they want to do a thorough job they have to blend it into the surrounding panels as well. If that's the case we are talking work to the hood, a-pillar, and passenger side door. That's a lotta prep and painting.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,763
14,852
Portland, OR
An autobody shop explained to me at one point that it's never as simple as painting just one panel, if they want to do a thorough job they have to blend it into the surrounding panels as well. If that's the case we are talking work to the hood, a-pillar, and passenger side door. That's a lotta prep and painting.
:stupid:

The scratch on my door was 1.5" long and only took off the clear coat with base color untouched. They shot the whole door, the front part of the fender and the rear quarter. That's why mine was $1000. They also did a few crack repairs around the mirror that got folded up (my cars made of plastic) and reshot the mirror.

On a truck that new, there wouldn't be much sun fade, so you could just slap a new aluminum fender (the aluminum F@rd fender is 10x the cost of a steel fender on the Chevy).


<edit> I still need to have the nose reshot on my car. That's going to be at least another $1000, thank gawd for $100 deductibles. :rofl:
 

dan-o

Turbo Monkey
Jun 30, 2004
6,499
2,805
There was an article about an F150 getting its antenna ripped out by the car wash. It was a $6k repair.

That cost was because the antennae wrapped around the wash mechanism and was slapped against the entire length of the truck, iirc.

To replace the passenger side door skin, rear mini door skin, badges and respray the entire side of our truck was sub $4k. All OEM (there are no aftermarket body panels available yet).
 

mandown

Poopdeck Repost
Jun 1, 2004
21,297
8,747
Transylvania 90210
An autobody shop explained to me at one point that it's never as simple as painting just one panel, if they want to do a thorough job they have to blend it into the surrounding panels as well. If that's the case we are talking work to the hood, a-pillar, and passenger side door. That's a lotta prep and painting.
Heard the same story on an old vehicle of mine. Left the cosmetic damage alone.
 

canadmos

Cake Tease
May 29, 2011
21,756
21,225
Canaderp
An autobody shop explained to me at one point that it's never as simple as painting just one panel, if they want to do a thorough job they have to blend it into the surrounding panels as well. If that's the case we are talking work to the hood, a-pillar, and passenger side door. That's a lotta prep and painting.
That's a good point too. I worked at a body shop in college as the car fetching bitch and my dad was a body man years ago. That place in college rarely blended into surrounding panels, I'd guess mostly for cost savings (almost all was collision work). They simply isolate that damaged panel and spray. They also had two options for jobs, do the entire panel and get a warranty or repair the spot and blend into rest of the panel, with no warranty or guarantee after you drive away. But yeah, no matter what you do its all labour in the body shop. And for all the colour matching formulas and gizmos, they could never match white pearl paint.

My old Mazda was hit while parked and crushed the front bumper. There was some labour to repair the bumper and painting it, which I think came out to be around $1200ish. About $200 of that was for a replacement OEM Mazda foglight. Things like bumpers are specially tricky, not only are they dealing with the plastics, but cars like Mercedes have bumpers which are composed of many many sub parts which must be removed as well.

The funny thing about body shops is that your car is sitting there doing nothing for majority of the time. :busted:

I guess if you DGAF, you could just take it to MAACO; http://jalopnik.com/this-dude-claims-maaco-bodyshop-painted-his-damn-seats-1791193552 :rofl:
 

stevew

resident influencer
Sep 21, 2001
41,054
10,001
adventurous...if you want to say fuck it.....i passed by a unicorn today....swb 70 series landcruiser rhd diesel....13,500...
 

canadmos

Cake Tease
May 29, 2011
21,756
21,225
Canaderp
adventurous...if you want to say fuck it.....i passed by a unicorn today....swb 70 series landcruiser rhd diesel....13,500...
What's insurance like on RHD vehicles down there? Up here there are only one or two outfits that will provide insurance and in some cases you have to register your car as a "show" car; meaning you're technically only allowed to travel from where the vehicle is stored to where it will be displayed.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,763
14,852
Portland, OR
What's insurance like on RHD vehicles down there? Up here there are only one or two outfits that will provide insurance and in some cases you have to register your car as a "show" car; meaning you're technically only allowed to travel from where the vehicle is stored to where it will be displayed.
I think it is somewhat similar here. I know a few folks that had Skylines that took way too many hoops to register and insure.
 

stevew

resident influencer
Sep 21, 2001
41,054
10,001
What's insurance like on RHD vehicles down there? Up here there are only one or two outfits that will provide insurance and in some cases you have to register your car as a "show" car; meaning you're technically only allowed to travel from where the vehicle is stored to where it will be displayed.
i have no idea....i'm assuming it was legally titled....it had NC tags...