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Every accident, even supposedly small ones, can do significant damage to your car. A collision can result in a bent or destroyed frame, broken mirrors or lights, and damage to sensitive and critical parts of your car, like the engine, tires, brakes, or steering system.
Even if you can fix the damage to your vehicle, a history of this harm can significantly impact the value of the car. If you have a loan on the car, you could end up “underwater,” meaning you owe more money to the bank than the vehicle is worth.
If you own the car outright, you could still suffer from the misfortune of making far less on the sale of the vehicle than you would otherwise.
Thankfully, you may be able to mitigate this harm by filing a diminished value claim. The Bert McDowell Personal Injury Law Firm can help you successfully lodge this claim so that you aren’t negatively impacted by the reduced value of your vehicle.
If you want to learn more about your options for recovering the full value of your losses after an accident, including the diminished value of your vehicle, give Bert McDowell Injury Law a call. Reach us (203) 633-7449 or contact us online to schedule a free case review with an experienced accident attorney near you.
After the shock of an accident, your mind will be racing. Your first concern will be ensuring that everyone involved is present and physically safe.
Once everyone has received the care they need, you’ll likely start thinking about your vehicle. A diminished value claim is designed to help you recover the difference between its value before and after an accident.
You may be aware of cars on the market that are sold with rebuilt or salvage titles. These cars were deemed a total loss by insurance companies but were repaired to the point of being driveable again.
However, being driveable isn’t the only factor that contributes to a car’s worth. Future buyers may be concerned about purchasing a car that has been in an accident or suffered any sort of damage, and therefore, salvage or rebuilt title cars will always be worth less than a similar model that hasn’t suffered damage.
In fact, you don’t have to have your vehicle totaled to suffer from diminished value. Any reported accident, no matter how small, affects the resale value of the vehicle.
Depending on the liability policy used, insurance companies may use a special formula to determine the diminished value of your car.
If the insurance company offers you a fair payout and makes you whole, you won’t have much to worry about. However, if the insurance company tries to make you settle for less than the full damages you suffered or refuses to negotiate, you’ll want an attorney to advocate on your behalf.
When you hire an experienced Hartford diminished value attorney to assist you, they will help by:
Connecticut allows diminished value claims as long as they aren’t made by the at-fault party in the accident. When you file such a claim, you need to go through the at-fault party’s insurance company — not your own.
Diminished value claims are divided into three main categories: inherent, immediate, and repair-related.
This is the most common type of diminished value claim. It applies to cars that were involved in accidents and now have damage that shows up on history reports.
When calculating inherent diminished value, the insurer assumes that the car had high-quality repairs from a reputable source. They reduce the car’s value accordingly based on the type of damage the vehicle sustained in the accident.
Immediate diminished value claims indicate the difference in resale value immediately before and immediately after the accident. The related calculations don’t account for repairs or improvements.
The court system often uses this type of diminished value, but it isn’t as common among insurance companies. Insurance companies assume that you’re going to get the car repaired to a usable state as long as it isn’t totaled and you have the appropriate coverage to pay for repairs.
This type of claim may apply in situations where you’re seeking compensation immediately instead of waiting for the insurance company to assess the vehicle and order repairs. Generally, though, your coverage will allow for a rental car while your vehicle is fixed — so there isn’t often a need for an immediate value claim.
This type of claim applies to a specific situation where a car was repaired poorly after an accident. The mechanic may have used aftermarket parts, failed to fully address body damage, or caused further issues during the repair process.
This type of claim assumes that the car is a loss at this point and that no further repairs will restore the car to its pre-accident condition.
Diminished value claims are handled through liability insurance policy carriers. People will occasionally hire attorneys to help with the claim if the insurance company isn’t negotiating in good faith or if they’re offering too low of an amount.
When you receive a payout for a diminished value claim, the funds come directly from the insurance company.
In most cases, diminished value claims are fairly easy to file. However, you’ll want to have a few pieces of information in place before you start the process. You need to:
Keep in mind that you have two years under Connecticut law to file a court case related to a diminished value claim.
Two years may seem like a long amount of time, but negotiations, hearings, and paperwork can cause a case to drag on. Therefore, you’ll want to start the process early so that you avoid passing the statute of limitations time frame.
Accidents can lead to a host of unpleasant consequences, including physical and mental health challenges, lifestyle changes, schedule interruptions, and other inconveniences. The consequences can impact you for weeks, months, or a lifetime, depending on the severity of the accident.
The value of your car may not be at the top of your priorities list, but if you find yourself in a position where you want or need to sell the vehicle, you don’t want to be caught off guard when you encounter issues with getting a fair price.
Naturally, buyers are skeptical of vehicles that have been in accidents. Even with repairs, people wonder about underlying issues that could impact the car moving forward.
In the face of these doubts, the best way to protect yourself is to file a diminished value claim so that the at-fault party’s insurance will cover the difference for you.
If you need help with the process or if you’ve begun your claim but have hit an impasse with the insurer, Bert McDowell and his experienced team can assist you. Bert represents personal injury clients but once worked as an insurance company attorney.
As a result, he understands the inner workings of the insurance system and can negotiate a fair resolution on your behalf.
Instead of getting pushed around by an insurance company, get Bert in your corner and pursue your case with confidence! Schedule a free consultation with the Bert McDowell Injury Law team today when you call (203) 633-7449 or contact us online.