Auto Insurance Claims: DV Claims in WA State, diminished value

Question
I paid a company to do a DV appraisal and it turned out there was reason for dv according to them. My ins. has denied my claim because they say there was no structural/frame damage or no airbag deployment due to accident. They said their review of the estimate found no frame damage and repairs were completed according to the manufacturer's specs. The car was hit from the rear while not in motion. There were several line items of repair to the rear bumper including replacement of the reinforce bar and bar arms. I believe those items technically refer to structure. Damage amounted to about 6,500. I KNOW if I trade in or sell the car I certainly won't get the same amount as I would had it not been damaged, yet the insurance co has denied at least 4 times. I am at the point where I either need to take the person who hit me to small claims court or hire an attorney which I can't afford. Or, is there another avenue? How do I know if this is worth the additional stress, time and effort?  Thank you!

Answer
Dottie,

  I see this all the time.  Our company specializes in diminished value and it is sometimes hard to get the insurance company to roll over.  Small Claims court is normally the most effective venue in getting a stubborn insurance company to agree that "inherent diminished value" exists.  You are exactly correct in stating that you won't be able to trade your vehicle in for the same as before, and that is the basis for the "inherent diminished value".  

  The expert you hired should be willing to testify in court to support the diminished value they have calculated.  When my company writes a report, we include market research data that includes discussing the potential loss of value with dealers in the applicable market.  The quality of the report you purchased will be a big factor in whether the insurance company rolls over or not when the small claims suit is filed.

  I am sorry I could not give you some trick of the trade, but when you have an insurance company arguing that diminished value doesn't exist because repairs are done properly, then 90% of the time, it takes legal action to get them off of their high horse.  Any jury in almost any location will agree that vehicle with a damage history will lose market value simply because of the fact that it has been in an accident, regardless of the repair quality.  How much loss in value?  That is the million dollar question as it is next to impossible to get a concrete answer without selling the vehicle.  The best any expert can do is document a general value that is supported by market research.

  I hope this helps!