Auto Insurance Claims: diminished value claim, mail return receipt, diminished value claim

Question
Is there a specific law in the state of Florida that allows for the not-at-fault driver to recover the diminished value of his vehicle? I was rear-ended by a drunken driver who fled the scene. I got his license number and insurance company (after almost 6 months) reimbursed me for my deductible and rental car claims, but ignored my diminished vehicle claim. I hired a company to appraise my vehicle post-accident and would like to cite specific law in my claim if such law exists. Thanks in advance. G McIntosh

Answer
Hi Gary,

Hi Tim,

There is not a legislated law in any state regarding diminished value. It is all based on case law. There is over 75 years of case law that says that if you were not at fault in an accident 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 only way for you to be made whole is for the insurance company to write you a check for the loss in value.

The appraiser you hired should also be able to answer questions and provide direction for different aspects of your claim. All correspondence with the insurance comapny must be in writing. Every thing you send then should be sent by certified mail/return receipt requested. In each letter you send them you should them to only respond to you in writing. If they call you on the phone, politely remind them of this and hang up the phone. When you get a written resoponse, take your time to digest their position and formulate an appropriate response. You just have show then you are not going to give up regardless of what they say and eventually they should start negotiating with you. If they do not, you will have to file a law suit against the at-fault person. Then when you win in court, it will be the insurance company that will have to write the check.

I hope this helps
Richard Hixenbaugh