Auto Insurance Claims: Diminution claim, preferred shop, definitive measure

Question
QUESTION: A careless driver damaged my 2009 Jeep with 1900 miles 2,000 worth or repairs, and I filed a claim with Allstate using blue book less the value at trade-in and the insurance, made no offer asserting a spoiliation of evidence defense, because I did not allow them the opportunity to examine vehicle after repairs. They payed the repair claim in full?????

ANSWER: If the vehicle is unchanged since the repairs were completed, why not allow Allstate to inspect it now? They may have paid the repair claim in full, but the diminution of value issue is still unresolved. If Allstate is saying that you did not give them the opportunity to examine your Jeep PRIOR to the repairs, that is not the critical element of the loss, as the post repair condition is what contributes to the loss. If your company paid the claim, they have digital images and documentation of the pre-repair condition of the Jeep that can be shared with Allstate.

---------- FOLLOW-UP ----------

QUESTION: Their outside adjuster created a estimate, and the repairs were done by the at fault company. I traded the vehicle and filed the claim using the bluebook valve at 25,700 less the trade at 23,000. They stated I did not allow the opportunity to inspect the vehicle before I trade it in on a new vehicle with 3,200 miles.

Answer
Considering that their preferred shop (or DRP) did the repairs, any defects in the workmanship would fall on them (the liability carrier for the at fault party). So an inspection would not reveal that much that would change the condition of your vehicle. As I always say, the only definitive measure of the loss is an actual sale of the vehicle with full disclosure of the collision damage, at which point one deducts the net proceeds of the sale from the pre-loss value (in your case the Blue Book number)to arrive at a hard figure. From what you are telling me, this has already happened.

Typically, the DV claim is made before the car is sold or traded and a settlement is forthcoming. This way the liability carrier has the opportunity to inspect the car and they are not given the out they have used in your case. However, the liability carrier has no legal duty to you, but their policyholder does, and that is where you apply the pressure. Send a certified letter to their policyholder (at fault party) demanding payment for the loss of value. Tell them that you will take legal action against them in the absence of a settlement. Send a copy of this letter to their insurance company.