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      04-12-2012, 07:46 AM   #1
HPIA4v2
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Anyone successfully get "diminished value" claim?

Well, got an accident, police report says it's the other driver's fault.
Repair close to $20k on 2011 335xi with only 15,000 miles on odo.

Also if you used lawyer which one is good? thanks a bunch.
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      04-12-2012, 10:06 AM   #2
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Keep in mind if and when you plan to sell it, having an accident on its record, especially one with that high of a repair cost, will significantly lower the amount of interested buyers. One of the many shitty outcomes of getting in an accident.
Good luck!
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      04-12-2012, 10:44 AM   #3
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I have, and its hard. Hope you don't have to deal with USAA.

Give Jeff Butler a call at (206) 365-1565. He did my diminished value claim and I could of got back $4K, but USAA wouldn't give it to me. Took the at-fault party to small claims court and USAA sent out their lawyers. Jeff said he would of went to the court date and would of helped if I had asked him.

You'll probably get back more. The process isn't hard if you are working with the right insurance company and have a detailed report made.
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      04-12-2012, 12:48 PM   #4
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Quote:
Originally Posted by jattditutti View Post
I have, and its hard. Hope you don't have to deal with USAA.

Give Jeff Butler a call at (206) 365-1565. He did my diminished value claim and I could of got back $4K, but USAA wouldn't give it to me. Took the at-fault party to small claims court and USAA sent out their lawyers. Jeff said he would of went to the court date and would of helped if I had asked him.

You'll probably get back more. The process isn't hard if you are working with the right insurance company and have a detailed report made.
So did you get any compensation at the end? Did the court sided with you?

Looks like I may have to do that if her insurance play hardball, taking the other driver to small claim court that is; I just started my research on this based on WA state laws, some interesting readings so far on some court cases.
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      04-12-2012, 01:16 PM   #5
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      04-12-2012, 02:16 PM   #6
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BTW, it shouldn't be difficult based of this supreme court finding (very recent 2011 in WA state):

"In Moeller v. Farmers Insurance Company of Washington, 2011 Wash. LEXIS 957 (Wash. Dec. 22, 2011), the Supreme Court of Washington recently held, in a 5-4 decision, that Farmersí auto insurance policies provided coverage for diminished value."

So it's rather clear that Farmers (or other auto insurance providers) CAN'T say in plain-cold, their policy EXCLUDE DV; the word LOSS (as of coverage for loss....etc) in their policy IMPLIED and INHERIT coverage that include many type of loss including DV, given DV claim can not exceed the repair cost.

Though I need more reading, the State-farm VS Heapy case sounds interesting too.
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      04-13-2012, 09:28 PM   #7
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Quote:
Originally Posted by HPIA4v2 View Post
So did you get any compensation at the end? Did the court sided with you?

Looks like I may have to do that if her insurance play hardball, taking the other driver to small claim court that is; I just started my research on this based on WA state laws, some interesting readings so far on some court cases.
Yeah, but I could of got more.

USAA, from what I found, is one of the most difficult insurance companies to deal with if you're not their client.
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      04-13-2012, 09:30 PM   #8
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Quote:
Originally Posted by HPIA4v2 View Post
BTW, it shouldn't be difficult based of this supreme court finding (very recent 2011 in WA state):

"In Moeller v. Farmers Insurance Company of Washington, 2011 Wash. LEXIS 957 (Wash. Dec. 22, 2011), the Supreme Court of Washington recently held, in a 5-4 decision, that Farmersí auto insurance policies provided coverage for diminished value."

So it's rather clear that Farmers (or other auto insurance providers) CAN'T say in plain-cold, their policy EXCLUDE DV; the word LOSS (as of coverage for loss....etc) in their policy IMPLIED and INHERIT coverage that include many type of loss including DV, given DV claim can not exceed the repair cost.

Though I need more reading, the State-farm VS Heapy case sounds interesting too.
Its a very easy case to win, but I wasn't prepared well. I had all my paperwork, but USAA sent in their lawyers, and when I asked my lawyers to represent me, they said no.
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      04-13-2012, 10:23 PM   #9
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As a 19 year long standing USAA member, this is why I love them!
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      04-14-2012, 01:21 AM   #10
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As a 19 year long standing USAA member, this is why I love them!
Because they screw people over?
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      04-17-2012, 09:35 AM   #11
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Because they screw people over?
I tink it's typical insurance co policies, don't pay.
They acquired the strongest lobbysts in the nations, not easy to make them do the right things.

My family physician just quit (due to bankrupcy), she told us the high malpractice insurance, cut-throat rate imposed by insurance on her service (if she refused to abide she becomes out-of-network making harder to acquire patients etc). When all malpractice suits is fought to the teeth by insurance, making claims way down compare to a decade aga. Here is the punchline, when the malpractice claims go down why the premium to doctors charged stay the same, WHERE THE MONEY GOES? you don't need to be a genius to figure that one out
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      04-18-2012, 09:39 PM   #12
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good luck bro, I pm'd you back.
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      05-10-2012, 05:19 PM   #13
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With a little help from a company that assists with DV claims I successfully fought Safeco for reimbursement of diminished value. You can get most of the way yourself if you are confident that you can negotiate with the claims specialist employed by whichever Ins Co you are dealing with, but in the longrun it is worth the effort. Especially in your case with the amnt of damage to your vehicle. If you are not confident, you can hire a lawyer.

Rosemary helped me quite a bit:

Collision Claim Associates, Inc.
Professional Vehicle Appraisers & Auto Claim Consultants
P.O. Box 1734, Cumming, GA 30028

1-866-438-6938 (Toll Free)
770-887-7626 (local Atlanta)
770-886-6196 (Fax)
www.CollisionClaims.com

Best of luck.
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      08-06-2013, 09:08 AM   #14
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To Ace1Eleven - When you received your settlement from Safeco, do you recall if the check was made out to you or you and the lien holder (if you had a lien holder)?
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      08-06-2013, 05:49 PM   #15
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I started to go down the DV road and quickly quit... the amount of time I would need to spend was disproportionate to the amount I could have received.

Hope you have better luck!
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      08-06-2013, 06:12 PM   #16
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Subscribed. Please keep this updated folks.
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      08-06-2013, 11:39 PM   #17
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I collected about 4K in diminished value from State Farm a few years ago when I was hit by an uninsured, impaired driver. My own policy, under my uninsured/under-insured coveraged, paid the claim. You are entitled to collect diminished value under Washington State law.

I also strongly recommend Jeff Butler at Haury's Lake City Collision. He's extremely well versed in this whole "game" the insurance companies play, and can recommend an attorney/legal approach if you desire.

www.haury

Go after 'em. Don't get screwed by insurance companies - yours, or anyone else's.
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      08-06-2013, 11:45 PM   #18
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More:

http://www.bmwpugetsound.com/vbb/sho...surance+thread

http://www.bmwpugetsound.com/vbb/sho...-Review-Thread

Well worth the read.
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      08-07-2013, 12:15 AM   #19
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I had USAA, but dropped them after they jacked my rates, but they did settle on my MR2 for 5k over what I paid for it.
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      09-07-2013, 09:12 PM   #20
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I got nearly $8k for diminished value

I went to the dealer I bought the car from, told them what happened and asked them for an estimated diminished value on their letterhead. I sent this to the other driver's insurance company and they sent someone out to do an estimate.

Easy peasy!
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      10-02-2013, 01:54 PM   #21
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Quote:
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I went to the dealer I bought the car from, told them what happened and asked them for an estimated diminished value on their letterhead. I sent this to the other driver's insurance company and they sent someone out to do an estimate.

Easy peasy!
Wish, mine was easy, called the other driver's insurance which is Progressive and they started challenging the police report etc at the end they told me to take their client to court. Not kidding, I'd say to myself I won't buy Progressive even if it's free, my idea of insurance is to cover my behind when I made a doodo not taken to court cause my insurance refuse to pay!
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      10-03-2013, 10:54 AM   #22
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That is too bad. I've heard nothing but bad things about Progressive fighting claims when it seems so OBVIOUS that they should be paying.

http://www.ripoffreport.com/r/Progre...river-r-199362

http://articles.baltimoresun.com/201...online-chatter
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