When your vehicle is a total loss, know it’s value. If repaired, find out its diminished value
What is diminished value? It is the lowered market value of a vehicle subsequent to repair. Your car will be worth less even after it has been repaired from an accident. Given the choice of purchasing two identical cars, one in excellent condition and one which has been repaired after a moderate accident, which one would you buy if they were both the same price? Of course, you would pay less for the one that was in an accident. That’s what diminished value is.
A note about diminished value. On April 18, 2005, the United States Circuit Court of Appeals for the Fifth Circuit held that State Farm Mutual Automobile Insurance Company was not liable for diminished post-repair value of vehicles under their policy’s definition for coverage of “cost of repair.” The court also concluded that the automobile insurance policy’s preclusion of reimbursement from the insurer for diminished value post-repair was not against Mississippi state public policy, or unconscionable. This matter involved insureds, who had submitted claims to the automobile insurer for repairs and reimbursements for accidental losses to vehicles, alleging that they should have been compensated for lowered market value of vehicles post-repair. Blakely v. State Farm Mutual Automobile Insurance Company(5th Cir. (Miss.) April 18, 2005)
However, for New York, there’s good news. The New York Appellate Court Held that Third-Party Diminution in Value Damages Are Recoverable in addition to the cost of repairs for personal property that appreciates in value (Franklin Corporation, Appellant v Justin M. Prahler, Respondent)
Primer on Diminution in Value Claims – Claims Journal
CollisionClaims.com – After repaired collision damage, your vehicle will be worth less. This loss in value is known as diminished Value. If you were not at fault in the accident, the at fault party (or their insurance company) owes you money. This applies in all 50 states. As independent vehicle appraisers, we can help you determine how much your owed and provide detailed instructions on how to get paid.
OEM Parts – Are you entitled to brand-name car repair parts? Know your rights.
Recouping Expenses – After your car is totaled and a list of states that require you to be reimbursed for sales tax.
Appraisal Group of America will help make sure the check you get is enough to cover a replacement when your car is a total loss or get paid for diminished value. Free evaluation.
NADA – For over 67 years, N.A.D.A. has been America’s largest publisher of used vehicle values.
Galves – The wholesale book that the car dealers use.