Auto Insurance Claims: Diminished Value in Florida, inch gap, diminished value

Question
I was rear ended while sitting at a stop light on May 19,2009. I filed a claim with the at fault parties insurance company the very same day. I asked the adjuster who was assigned to my claim if I would be compensated for Diminished Value. She asked me to hold. When she got back on the line she said they do not honor Diminished Value Claims in the state of Florida. I did some research and found that to be a lie. I called the next day and told the adjuster that she had lied to me and that 3rd party claims are honored in Florida. She apologized said she had made a mistake and would begin the paperwork and get back to me right away with an offer. She called the next day gave me an offer for $299.00. She told me the formula that she used to get this amount over the phone. I am sure it was the 17c formula.  I told her that her offer was insulting. She told me the offer she gave me would stand until I proved otherwise. I called the dealership that I purchased my van from and explained to him the situation. I told him that I had taken photos before my van went in for repairs. The right Pillar was bent in and the  manufactures weld had been broken. There is a 1/4 inch gap on the left side and the side that sustained the damage there is a 1/2 inch gap between the rear door and the right quarter panel. He said with frame or structural damage my van has lost a lot of value. probably around 40%. He sent this information to me in writing. I sent a certified letter to the insurance company after my van went in for repairs including this information from the dealership. requesting a settlement amount. I received a letter from the insurance company telling me they will not longer negotiate diminished value until the repairs are completed and the van is appraised by a company that they will hire. In fear they would botch the appraisal and would not give me a fair amount I sent a certified letter telling them I would like to get my own appraisal. I received the appraisal they paid to have done, It states there was no structural/frame or mechanical damage. There were photos taken by the appraiser of a structural pillar after the repairs but he states in the appraisal that the photo was taken before the repairs. The right quarter panel that was supposed to be replace looks as though it was only repaired. I have taken to another body shop to have it looked at. It is like the doctors syndrome. No one will say anything bad about a brother repair shop. The second repair shop told me that off the record it had been on a frame machine which shows frame damage. The pillars seam weld was broken that is structural damage and the quarter anal looks repaired and not replace. The repair order says it was replaced. I again called the insurance adjuster and told her the appraisal they had paid another company to do had missing or non factual information in it. Information that is important in a diminished value claim. I spoke with the appraiser he said he did the appraisal by what the insurance company gave him. After arguing with the adjuster and telling her that I thought they were withholding information and putting false information in the appraisal to give me a lesser amount for Diminished Value and that was Unfair Claims Practices.She said she would reopen the appraisal. The adjuster called me back and said the appraisal company made the mistake and they are sending a letter to fix the false information. I asked for a copy of this letter for my records. I have contacted the Florida Department of Insurance Regulations. They have told me the insurance company has not done anything wrong. The offer they gave me is not horrible but it is not what the car dealership said it would be. Now the Insurance company said it will not accept anything except the appraisal for proof of diminished value. they said car dealerships are not an accurate way to gain a diminished value loss. They gave me an amount again based off a formula. 15% of my NADA value. Fist question are they aloud to lie to me? Are they aloud to put false information in paperwork to keep from paying me a full amount for Diminished value? Can the appraiser get in trouble for inaccurate information in his report. And how do I prove Diminished Value to the insurance company without selling my van right now? Thank you for listening.

Answer
Christina,

Your experience is typical of persons filing claims with third party liability carriers. And yes, they can lie to you and get away with it. However, putting a false statement in writing is another matter, but chances of getting your state insurance commissioner to do anything about it are slim.

What you have to realize is that the liability carrier has no legal duty to you. Their policyholder, the one who caused the damage, is however, liable for your DV loss. Direct your damands to that party and cc their insurance company. And stop talking to the insurance company---use all written correspondence by certified mail with return receipts.

You need to hire a DV professional to handle your claim and one who knows the ins and outs of these matters. Go to www.ican2000.com and seach for local DV help. There are several in Florida who can help you. They will charge you a fee, but that is recoverable from the insurance company, who is contractually liable to their policyholder to cover any liabilities that arise.

While a dealer is enriched in the process of devaluing your car, one is likely to be the only willing buyer for your car once you disclose the damage history. Still, the only definitive measure of the DV loss is to sell your car to the highest bidder having given that party full disclosure of the damage history. An appraiser with a specialty in these claims can guide you through the processes.

Charlie