Auto Insurance Claims: diminish value of car, collision claim, car accident animal

Question
QUESTION: I have a 2006 maxima sedan ls bought it brand new and fully loaded, it has 10,000 miles on it. It is paid off in full. The accident was caused by me trying to avoid hitting a animal. Now my car is worth 11,000 less, Can I get any money from the insurance co. for the loss of the value of my car, They haven't even taken a statement from me about the accident, they just say I"am at fault. Anything i can do?

ANSWER: Hello Janice,

Well, probably not. Sometimes when you have a loan you have the option of purchasing Gap insurance, which would cover the 11,000 depreciation that you owe in a loan, but since your car is paid off, chances are you do not have any type of protection.

Most auto policies (and your probably) will only pay you for the fair market value of the car. The value of the car the day that the car was hit. This leaves you substantially less money that what you paid. It does not matter that you bought the vehicle a week before or 5 years prior.

The reality is that most insurance companies have effectively excluded this argument in the policy. You can argue diminished value against a person that hit you and caused you this damage, but in this case, your insurance company is saying that it is your fault. So you are put in a very hard position.

The best thing you can do is check your policy and see if there is language there that might help you recoup your depreciation. If you do not have your policy, contact your agent.

Good Luck,
Anne.
http://www.spokanelegalhelp.com

---------- FOLLOW-UP ----------

QUESTION: My policy plainly states that any accdent that be caused by any bird or animals, the accident can't be chargable to the driver. Any suggestions??? thanks

Answer
Usually a collision is chargeable to a driver. If you try to avoid an accident with an animal, but hit the ditch, then you collided with the ground. The driver would be at fault because he was driving too fast for conditions, or was not paying enough attention to avoid the collision, if she was, then she would essentially be able to avoid without casing damages.

If however, the driver touches the animal, you are not looking at a collision but at a comprehensive claim. Comprehensive is not chargeable to any driver. Basically, the claim gets paid under comprehensive but no recovery can be sought against the animal as they have no assets (birds, deer, moose, etc.) However, if the animal is a domesticated animal that should not have been on the road (cow, dog, chicken) you could try to go after the owner and see if they would pay for your damages. However, this happens in limited situations.

If your accident was caused due to any of these animals, then you might have a claim. If it was against a bird or deer, then you are probably stuck paying for your damages above and beyond of what your policy covers.

Good Luck,
Anne.