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. Another driver came from behind Vic, lost control of his vehicle, and slid into Vic. Let’s call the other driver Dan, as is Dangerous driver. At the time of the accident, Dan was driving a car owned by Carmella, as in car-owner. I learned later that Dan was Carmella’s boyfriend. My client has damage to his vehicle and had to leave it, rent a vehicle, drive home that was in Virginia, then drive back when the car was repaired. He then went to trade in his car for a new one, when he learned firsthand how diminished value claims work. He couldn’t trade in his damaged vehicle for a fair amount due to the vehicle title report that showed an accident. So, he was stuck with a functional yet damaged car. He was given a value for the diminished value claim, but who does he make the claim against? Is it against his policy, or Dan or Carmella? Is it in Virginia or Pennsylvania? Does he have to go to court and if so, which court? What about lost time from work or the car rental charges to go back and forth to Pennsylvania? I’ll answer these questions one at a time as I post updates.