Auto Insurance Claims: diminished value of vehicle from an auto accident (caused by drunk driver), diminished value claim, personal property claim

Question
My husband stopped to help a motorist a few nights ago. He pulled in front of his vehicle, got out of his car and within seconds, the other vehicle was rammed into by a driver whom we found out ended up being arrested for OVI. (DUI). Our vehicle was brand new. We had owned it no more than 2 weeks. The driver's insurance company informed us that they will be fixing our vehicle. As we know, now our car will forever be labeled as wrecked and not be the same as the second before it was hit.  We have been told that we have no rights to file a diminished value claim in the state of Ohio. We feel that we have a right to replace our car with a new one. Any advice of how to proceed or where to find out our rights?

Answer
Hi Cathy,

Here is a thought. I do not know if it will work for you, but it is worth a try.

If you have Allstate or one of the companies that has "New car replacement", you might run it through your company. Let them subrogate against the other insurance company.

I do not know how it works in Ohio, but in Wisconsin, no matter what I would get dinged on a personal property claim in your situation except for when I am rear ended. In other words, whether it was my fault or not, I am still listed in being involved in an accident.

You might as well get the biggest bang for your buck and see if your company will replace your car.

Good Luck,

Rob