Auto Insurance Claims: Third Party Diminished Value Claim in PA, mail return receipt, certified mail

Question
Sorry to bother you again but do you know where I can find info that Third Party Diminished Value does exist in PA.  The insurance company is trying to deny my claim and it's getting very frustrating since I know I have a right to collect in PA.  Also what are my other options if they decide to decline my claim?

Answer
Hi Barbara,

I am not an attorney and nothing contained herein should be considered legal advise or an offer to provide legal advise.

If the insurance company is trying to deny your claim, you should ask them to provide in writing the state statute or case law that is the basis for their denial.

It is not that there is something specific that you can point to that says you can make the claim. Rather it is that there is nothing specific that says that you can't.

There is over 75 years of case law that backs up a third party's right to be compensated for diminished value. However, to my knowledge, there have been no cases in Pennsylvania regarding a third party claim.  The cases that established the national precedent that a third party was entitled to collect diminished value occured back in the 1920s & 1930s. Since that time it has been generally accepted that a third party claimant is entitled to collect if they present compelling evidence from an unbiased expert that the vehicle has lost value due to the collision and subsequent repairs.

If you have not already done so, you will need to hire a professional, independent, unbiased vehicle appraiser who will inspect your vehicle, review the repair documentation and produce an appraisal report that will indicate an appropriate dimminished value, if any. Then you submit that appraisal report to the insurance company with a formal demand for payment letter sent by certified mail / return receipt requested. If the insurance company still denys your claim, you would need to file a small claims law suit against the at fault person. upon a successfull court finding, it would be the insurance company that would write the check.

I hope this helps
Richard Hixenbaugh