Diminished Value Loss of value  FIRST PARTY CLAIM - VEHICLE NOT REPAIRED

 

  • Accident was your fault
  • Your insurance company is responsible for damage
  • Vehicle is NOT repaired yet

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Accident WAS your fault– First Party Claim: Generally, if you have full insurance coverage, you are owed to completely restore your vehicle - if, after repairs, it is evident that the vehicle has been in an accident - IT HAS NOT BEEN COMPLETELY RESTORED and you may have suffered a recoverable Loss of Market Value.

Notice: In first party claims words are very important.  Your insurance company may state that they do not owe for loss of value or diminished value - although this may be technically correct, in a first party claims the question becomes if the vehicle has been completely restored to its pre loss condition.

Direct Appraisal Report will document your pre-loss value and your post repair value.  By evaluating the estimated 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. [Get Report Now] 


 Vehicle NOT repaired yet:
Generally, your insurance company has the choice to repair or replace your vehicle.  They usually estimate the amount of damage to determine if the vehicle should be repaired or should be totaled.  There is NO ONE STANDARD for when a vehicle should be totaled.  If the vehicle can NOT be restored they should total the vehicle or may be exposed to a loss of value claim.
  

Things to GET IN WRITING for BEFORE Repairs:
  
Demand the Company put IN WRITING a GUARANTEE that if they make the decision to repair vs. replace the vehicle they believe your vehicle can be restored COMPLETELY to its pre-loss condition within the allotted rental car reimbursement time. 
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.
   
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. 
 
Additionally, if it your vehicle has frame damage you want the measurement BEFORE repairs and AFTER repairs to document the restoration of you vehicle's frame restoration.   
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

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


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. [Get Report Now] 

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