Diminished value claim just in the nick of time

There is no movement on the appeal yet, the insurance company hasn’t offered to pay the diminished value claim yet and I’m preparing to execute the judgment and take other enforcement actions. So, I’ll move on to another diminution of value claim that I had in the past. It involved a Mercury Milan V-6 SUV with very low mileage at the time of the accident. The Milan was stopped at a four way stop, then entered the intersection when a vehicle coming from her right ran a stop sign and hit her broadside.

read more...

Diminished value case new development

I was going to move on to another diminished value claim, but there is an interesting development in Dan’s diminution of value case that shows how difficult a diminished value auto claim can be. Remember that Dan’s attorney tried to appeal the case from the small claims level to the trial court level but missed some deadlines, and I filed a praecipe (a notice) to strike the appeal. Well, Dan’s insurance company filed some papers to reinstate the appeal.

read more...

So Dan’s attorney appealed, and we didn’t get paid…

So Dan’s attorney appealed, and we didn’t get paid our diminished value claim yet. The appeal went from the District Justice to the trial court. In other states the District Justice would be referred to a small claims court, District Magistrate or a people’s court. They are courts that deal with claims involving relatively small amounts of money.

read more...

In this case, Vic was struck by a vehicle

In this case, Vic was struck by a vehicle owned by Carmella and driven by Dan. For the sake of simplicity, let’s assume that it was not Vic’s fault in any way. So who does Vic make a diminution of value claim against? Dan was driving, but he was driving Carmella’s car. Let’s look at the possibilities. If Dan had the permission of Carmella then her insurance might cover Dan while he was driving her car.

read more...

The second mistake of diminished value claimants

The second mistake most do-it-yourself claimants make is to give the diminished value report to the insurance company that they want to pay the claim. Obviously, the claimant has to back up his claim with something, but once the report is submitted to the insurance company, it sets the ceiling for the negotiations that will occur. If the do-it-yourselfer takes the first diminished value report he gets and gives it to the insurance company there’s no chance of demanding more than that.

read more...

Two common mistakes of a do-it-yourself diminished value claim

Vic has a number of questions to answer for his claim. But the first step, which is where most people start, is to research the claim online. It’s certainly helpful, but much of what one reads online is wrong, or at least misleading. So Vic read online about the claims and set out to make his claim by himself. Unfortunately he made the same two most common mistakes most do-it-yourself claimants make.

read more...

Think diminished value claims are easy?

Think that diminished value claims are easy? I’m dealing with one now that will change your mind. As of now, my client, let’s call him Vic, as in innocent victim, was driving home through Pennsylvania in winter. He pulled off on the shoulder of an on ramp to an interstate highway. He was nervous about the road conditions and he wanted to wait until the weather cleared up.

read more...

Inflated appraisal of damaged car and diminished value claim

Here’s a situation involving a first party claim and a diminished value claim.

I bought a 2010 Subaru Forrester in Oct 2010. I paid $20,000.00 in cash and traded in my old car that was worth about $5,000. 10 months later, I got into a bad accident involving 6 cars under an underpass. I was at fault for the collision in front of me, but other cars hit me from behind and I am not at fault for that.

read more...

FOR GENERAL INFORMATION OR TO LEARN MORE, SUBMIT A CONTACT FORM OR CALL 215.517.8300 OR 610.940.1635.