QuestionYou said, “You have the right to be made whole. If the repairs to your vehicle did not restore the value of your vehicle then you have not been made whole.”
The insurance is unwilling to admit the diminished value, for example, they would say no structure damages etc. How to know or determine whether the vehicle has been restored the value prior to the accident? Do you know how to shoot down the insurance if they refuse to pay the diminished value?
AnswerHi Rog,
There have been no cases that I have found in Utah regarding diminished value.
Any time you are making a claim as a 3rd party claimant against another person, you are essentially involved in a legal process. It is up to you to prove your loss. Thi is done by hiring a professional independent vehicle appraisaiser to inspect your vehicle, review the repair documentation and then write an appraisal report that would indicate an appropriate amount of diminished value. These services will generally cost you between $300. to $400. Unless your vehicle had say over $2500.00 in repair cost it is unlikely that the amount of your diminished value would make it worth hiring an appraiser.
Insurance companies will often deny that there is any diminished value. If you do hire an appraiser and submit the appraiser's report to the insurance company they still deny your claim, then your final recourse would be to file a law suit against the at-fault driver. If you win in court it would then be the insurance company that would have to pay you.
For more information on diminished value, check out the following 2 websites:
1) www.collisionclaims.com
2) www.dvassess.com
