Vehicle accident - Diminished value opinion

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May 14, 2023
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Pennsylvania
I’m looking for input on how to handle a frustrating situation after a recent accident.

Earlier this month, another driver was deemed 100% at fault by the police report (they were negligent — driving violation code was documented on the report per my insurance company). My vehicle struck their vehicle, so even though the police report clearly assigns fault to the other party, their insurance company may still dispute liability or push the claim into arbitration simply because my vehicle made contact from behind in the collision sequence.

I pulled a post-accident Carfax on my vehicle and was shocked to see it now shows “severe damage reported.” Repairs came to roughly $17,000, yet no airbags deployed and the only reason it was towed was because the bumper was pushed in and rubbing on the tire. The vehicle has been professionally repaired.

Pre-accident NADA clean retail was around $70k, and comparable vehicles in my area were easily trading in the $65k range. Now, even after repairs, Carfax lists clean retail at only ~$60k and trade-in under $52k — a massive hit to the value.

I’ve requested the police report and am scheduling an independent diminished-value appraisal. My main questions:

  1. Should I wait to see if the at-fault driver’s insurance accepts full liability and reimburses my carrier completely, or should I go ahead and file my own third-party diminished-value claim (police report, repair bills, before-and-after comps, independent appraisal, etc.) as soon as my documentation is complete?
  2. Any dos and dont’s, common pitfalls, or specific steps I should take (or avoid) to maximize my chances of recovering fair diminished value?
Thanks in advance for any guidance from people who’ve dealt with this before.
 
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I wish you well with this one. Consider hiring a lawyer. While I've known this forever, I recently got a taste of how insurance companies are stunningly good at non payment. Allstate paid me about 55c on the dollar for my truck's true replacement value. I spent 6 months doing battle, only to find that they closed the case. Their 'rules' are not in the customers favor.

In my case, spending $10K on a lawyer to get the addl $12K they owed me made no sense. They know this too.

To make matters worse, they used direct withdrawal from my checking account and despite repeated requests for them to stop withdrawing the totaled truck's premium, they kept on for 6 months. Gave me 1 month back.

Go after them with both barrels, and don't waste time
 
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There’s a guy on Facebook I see often that apparently handles these things effectively. Collision Safety Consultant or something? I don’t know how much they charge but they seem to get excellent results.
 
I wish you well with this one. Consider hiring a lawyer. While I've known this forever, I recently got a taste of how insurance companies are stunningly good at non payment. Allstate paid me about 55c on the dollar for my truck's true replacement value. I spent 6 months doing battle, only to find that they closed the case. Their 'rules' are not in the customers favor.

In my case, spending $10K on a lawyer to get the addl $12K they owed me made no sense. They know this too.

To make matters worse, they used direct withdrawal from my checking account and despite repeated requests for them to stop withdrawing the totaled truck's premium, they kept on for 6 months. Gave me 1 month back.

Go after them with both barrels, and don't waste time
That sounds awful—I'm really sorry you had to deal with that. I completely agree; I'm the only one getting screwed in this situation.

Thanks to everyone for the input. I was just informed that the other driver's insurance is now denying liability, despite the police report. The claim is now headed to subrogation, and my adjuster thinks it will likely end up as a 50/50 liability split. This is turning into a nightmare: if they're assigning me 50% fault, I'll only be able to recover (at best) 50% of my diminished value, even though my vehicle has now depreciated tremendously.
 
I was just informed that the other driver's insurance is now denying liability, despite the police report. The claim is now headed to subrogation,
100% normal - delay, deny, defend.
and my adjuster thinks it will likely end up as a 50/50 liability split.
Tell your adjuster this is unacceptable to you. A couple weeks in and the adjuster is happy to settle 50/50 with the other company ? Sounds lazy....
 
There's no easy solution to this. Having dealt with various auto insurance nightmares myself, one thing I can guarantee you. Because of your claim, your premiums are going to skyrocket and they may even dump you all together, which is a ton of fun because the issue follows you for some time as well.
 
100% normal - delay, deny, defend.

Tell your adjuster this is unacceptable to you. A couple weeks in and the adjuster is happy to settle 50/50 with the other company ? Sounds lazy....
I did, and he agreed. Unfortunately, he can’t change the OP’s insurance company’s denial of liability. I’ve now started a dispute with a vehicle history report company due to the damage severity rating. 🤯
 
There's no easy solution to this. Having dealt with various auto insurance nightmares myself, one thing I can guarantee you. Because of your claim, your premiums are going to skyrocket and they may even dump you all together, which is a ton of fun because the issue follows you for some time as well.
That’s another reason I’m furious. Not only is this vehicle devalued, now my rate is likely going to increase. I’m hoping they don’t cut me loose as I’ve not had an at-fault accident since I was about 19. Also, because I just switched to this company less than 2 years ago. The other party truly put me through the wringer in this situation.
 
That’s another reason I’m furious. Not only is this vehicle devalued, now my rate is likely going to increase. I’m hoping they don’t cut me loose as I’ve not had an at-fault accident since I was about 19. Also, because I just switched to this company less than 2 years ago. The other party truly put me through the wringer in this situation.
I feel for ya. I've never had an at-fault either and got bounced last year for 2 deer hits and one wind shield replacement that all happened in a ~18 month period. Total claims were about ~$14K IIRC. Given my wife and I cover my 20 and 22yr/old boys, I currently pay $725 per month for insurance I have to hesitate to ever use.
 
Unfortunately, he can’t change the OP’s insurance company’s denial of liability.
Sure he can. That's the point of them "negotiating". On the other hand, and I've pointed this out other times and elsewhere, a police report means squat to the insurance companies.... Case in point.
 
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The adjuster informed me that the police report was in our favor, and my insurance company was advocating for the other party’s insurance to take responsibility. However, I find it absurd that the report would not have any significance. After all, I am certain that the insurance company would be concerned if the police report indicated someone was intoxicated. I guess they just get to pick and choose liability, what a joke.
 
The adjuster informed me that the police report was in our favor, and my insurance company was advocating for the other party’s insurance to take responsibility. However, I find it absurd that the report would not have any significance. After all, I am certain that the insurance company would be concerned if the police report indicated someone was intoxicated. I guess they just get to pick and choose liability, what a joke.

I wouldn't worry about it. I feel like all the insurance companies do that anyways just to waste each other's time and get out of paying anything as little as $1.
 
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