Auto Insurance Claims: Diminished Value Claim, diminished value

Question
Dear Mr. Petty,

My car MB E320 got rear ended by a Hertz Rental Company Car. The driver is a foreigner and left the Country. Insurance Company declined DV claim. Can I sue Rental Company and what are their obligations in this case?

Thanks in advance for your inputs

Answer
This is a tricky subject and would require that I know the State where this occurred.  You will need to have a copy of the rental agreement between the other party and Hertz at the very least and there is a good chance that Hertz will have to pay for your damages.  Unfortunately, I think you will need expert help.  Recovering money from a rental car company such as Hertz is notoriously hard (especially if the renter is nowhere to be found) and requires somebody that is very well versed in tort law and financial responsibility requirements for rental car companies.  Sometimes rental companies have unusual protection when it comes to financial responsibility laws and uninsured auto accidents.

If you need further information I would suggest you contact a professional directly for an in-depth review of your case.  By the way, almost all insurance companies deny diminished value initially until they know for sure you aren't giving up.  If you have a good expert, you might avoid a suit, but many times a suit and a good expert are required to get the insurance company off of their "high horse" about their not being any diminished value.  If your vehicle's value has suffered because of the collision damages and repairs (which it almost certainly has), then if you can prove approximately how much value has been lost with a credible expert opinion and report, then the insurance company will ultimately have to pay something on it, period.  Whether they agree to pay your claim voluntarily or wait for a lawsuit will depend on how you approach the documentation and demand process.  The limited info I have keeps me from giving a better answer, sorry.