LOSS OF VALUE & DIMINISHED VALUE
KEYS TO RECOVERY
     
  Your first step should be to make sure someone is working for YOU and completely document your loss.

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Factors that may affect how you pursue the recovery of your claim:


Accident wasn't your fault – Third Party Claim: Generally, you are owed by the responsible party for your entire amount of damages no matter where the accident happened or the completeness of repairs.

 

… “Compensation for damages to personal property can include "the reasonable cost of repair or restoration, with due allowance for any difference between the original value and the value after repairs."   
Second Restatement of Torts Section 928

Accident was your fault– First Party Claim: Generally, if you have full insurance coverage, you are owed to completely restore your vehicle. After an accident, it is likely that there is evidence of repairs, and that your vehicle was not completely restored. Along with your  Report, it may be best to hire an independent appraiser to document any and all evidence of repairs.

If there is a dispute over the quality of repairs, what was paid and if items that were paid for were, in fact, completed within industry standards it would be best to hire an appraiser to make a complete audit of your claim. 

Tax Deduction: If your loss is not covered by insurance you have still sustained a loss and may take advantage of a tax deduction!
 
Our goal is to provide YOU with the education and ability to recover all losses you are owed.
     

 
 
Tips for the Claims Process:

1)  Get EVERYTHING in writing - have the responsible party put IN WRITING they GUARANTEE that they believe your vehicle can be restored COMPLETELY to its pre-loss condition.   

  • If the company makes the decision to repair vs. replace the vehicle the company DOES believe the vehicle can be restored to pre-loss condition within the allotted rental car reimbursement time 
      
  • Demand that the responsible party put in writing a guarantee stating, that after all repairs they have outlined in their estimate have been completed, they guarantee your vehicle will be completely restored to pre-loss condition

    If they are unable or unwilling to put such a statement in writing, request, in writing, why they do not feel they are able to restore your vehicle to pre-loss condition.  If they are unable to restore your vehicle to pre-loss condition you may have sustained a recoverable loss.
2)  Make Sure ALL areas of your loss are measured - Inform the responsible party that you expect ALL areas of your loss to be assessed - NOT just the cost of repairs - and submitted to you in writing.   Neither you, nor the other party can make an educated decision about your loss unless these measurements are documented.
  • Vehicle's Market Value before the injury
  • Market Value just after the injury - but before repairs (salvage value)
  • Complete cost of repairs estimate to restore your property, as close as possible, to pre-loss condition.
  • Market Value of your vehicle after proper repairs
  • Any loss of use due to the damage of the property
Your Report will help you document your pre-loss value and your post repair value.  By evaluating the amount of repairs, loss of market value and any loss of use, you will be better able to make an educated decision in determining if the vehicle should be repaired or replaced. 

3)  Post Repair Inspection - Inform all parties that after they represent that the repairs are completed and they believe the vehicle has been COMPLETELY restored to pre-loss condition you may hire an independent appraiser to evaluate the repairs to confirm that the vehicle does not have reaming flaws, defect or evidence of repairs caused by the injury

  • If it is found that the vehicle has not been restored to pre-loss condition the vehicle owner may elect one of 3 remedies due to the inability to restore the vehicle to pre-loss condition
    a) demand total loss    
    b) demand re-repairs    
    c) demand payment for Loss in Value due to
    evidence of repairs

 

 
     
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