MA diminished value claim

[WingZeroX5]

Long story short, I got rear ended on the highway during stop and go traffic. Does anyone know what the process is to file a diminished value claim against the at fault party? If it helps, the insured who hit me has MAPFRE Commerce

Do I need a lawyer / should I get one? Recommendations would be great, thanks!

[oolas3]

Originally Posted by WingZeroX5

Long story short, I got rear ended on the highway during stop and go traffic. Does anyone know what the process is to file a diminished value claim against the at fault party? If it helps, the insured who hit me has MAPFRE Commerce

Do I need a lawyer / should I get one? Recommendations would be great, thanks!

I would try to negotiate a diminished value claim yourself first. If they hassle you then contact a lawyer.

This lawyer appears to specialize in these cases: http://www.automotivelegalservices.c..._for_consumers

I don't want to get into it here but Commerce is a nightmare. I end up switching to another insurance company because of their bad faith.

[WingZeroX5]

Originally Posted by m3m3mr

I would try to negotiate a diminished value claim yourself first. If they hassle you then contact a lawyer.

This lawyer appears to specialize in these cases: http://www.automotivelegalservices.c..._for_consumers

I don't want to get into it here but Commerce is a nightmare. I end up switching to another insurance company because of their bad faith.

So all I have to do is call them up with the claim # I was given and say I want to file a diminished value claim?

[pbonsalb]

I would make sure that if you have accepted any payment made thus far there was no fine print language in the acceptance that could constitute a release to Commerce and its insured.

You will need proof of undamaged value versus repaired damage value of car. Your insurance probably covers only repairs, but I would verify that. If it does, you are on your own in terms of suing the other driver. If it covers loss in value, then your insurance company should go to battle against the other insurance company for you.

If you do end up in court, I am not sure whether you will be up against the other driver or Commerce. Depends on the terms of the Commerce policy.

Often in court, the lawyers are the only ones who win. It is slow, stressful and expensive for the plaintiff and defendant. No lawyer would touch this on a contingency fee so you will be paying hourly and putting down a retainer.

You could try bluffing by writing some letters to see how far you get out of court. Worth a try. But the insurance adjusters have been playing this game much longer than you. If you get something more, you should feel like you did a great job.

[lorinzo]

Can't speak for MA. . . however, I am familiar with CA.

What's the costs of repair? Was the damage structural?

[oolas3]

Originally Posted by WingZeroX5

So all I have to do is call them up with the claim # I was given and say I want to file a diminished value claim?

I would put the claim through your insurance company and maybe they can advocate on your behalf for diminished value. I've always contacted my insurance company and let them do the work even when the other driver was completely at fault. Do not sign anything that is a complete release of the claim unless you are given diminished value.

[WingZeroX5]

Originally Posted by pbonsalb

I would make sure that if you have accepted any payment made thus far there was no fine print language in the acceptance that could constitute a release to Commerce and its insured.

You will need proof of undamaged value versus repaired damage value of car. Your insurance probably covers only repairs, but I would verify that. If it does, you are on your own in terms of suing the other driver. If it covers loss in value, then your insurance company should go to battle against the other insurance company for you.

If you do end up in court, I am not sure whether you will be up against the other driver or Commerce. Depends on the terms of the Commerce policy.

Often in court, the lawyers are the only ones who win. It is slow, stressful and expensive for the plaintiff and defendant. No lawyer would touch this on a contingency fee so you will be paying hourly and putting down a retainer.

You could try bluffing by writing some letters to see how far you get out of court. Worth a try. But the insurance adjusters have been playing this game much longer than you. If you get something more, you should feel like you did a great job.

I haven't accepted any payment yet except for the usual check that my insurance direct deposited into my account for the repair work (deductable was waived)

I called my insurance on the best way to tackle this and he said to go to the BMW dealer and have them do an appraisal, when all the repair work is completed and I go pick up the car. When the appraisal is done, send those up to the at fault party along with all the repair supplements.

After a few back/forth with Commerce, they said to send them the docs, but "can't make any guarantees."

Originally Posted by lorinzo

Can't speak for MA. . . however, I am familiar with CA.

What's the costs of repair? Was the damage structural?

Don't know yet, but they said the rear quarter panels are pushed in a bit (which explains the door gaps are a bit off)? Bumper's completely gone though. Not sure if my park sensors are gone too. I asked if there's frame damage and shop said no.

Originally Posted by m3m3mr

I would put the claim through your insurance company and maybe they can advocate on your behalf for diminished value. I've always contacted my insurance company and let them do the work even when the other driver was completely at fault. Do not sign anything that is a complete release of the claim unless you are given diminished value.

I asked about that but the rep I spoke with isn't too familiar with this. Have to call back after the holidays to see if they would advocate on my behalf.


I just read through the case [Given v. Commerce Insurance Company] Commerce asked at the appeals court:
"Whether Massachusetts automobile insurers must pay claims of policyholders for so-called `inherent diminished value,' pursuant to Part 7 (Collision) coverage under the Standard Automobile Insurance Policy mandated by the Commissioner of Insurance?"

Then the court answers:
We therefore answer the reported question in the negative. The case is remanded to the Superior Court for further proceedings consistent with this opinion. So ordered


I'm not a policyholder of a MA automobile insurer, so doesn't that mean my claim is solid, also i'm a "3rd party?" So, what I got from this is that an automobile insurer is not required to pay diminished value to their policyholder, BUT nothing is said about 3rd party.

[oolas3]

Originally Posted by WingZeroX5

I haven't accepted any payment yet except for the usual check that my insurance direct deposited into my account for the repair work (deductable was waived)

I called my insurance on the best way to tackle this and he said to go to the BMW dealer and have them do an appraisal, when all the repair work is completed and I go pick up the car. When the appraisal is done, send those up to the at fault party along with all the repair supplements.

After a few back/forth with Commerce, they said to send them the docs, but "can't make any guarantees."



Don't know yet, but they said the rear quarter panels are pushed in a bit (which explains the door gaps are a bit off)? Bumper's completely gone though. Not sure if my park sensors are gone too. I asked if there's frame damage and shop said no.



I asked about that but the rep I spoke with isn't too familiar with this. Have to call back after the holidays to see if they would advocate on my behalf.


I just read through the case [Given v. Commerce Insurance Company] Commerce asked at the appeals court:
"Whether Massachusetts automobile insurers must pay claims of policyholders for so-called `inherent diminished value,' pursuant to Part 7 (Collision) coverage under the Standard Automobile Insurance Policy mandated by the Commissioner of Insurance?"

Then the court answers:
We therefore answer the reported question in the negative. The case is remanded to the Superior Court for further proceedings consistent with this opinion. So ordered


I'm not a policyholder of a MA automobile insurer, so doesn't that mean my claim is solid, also i'm a "3rd party?" So, what I got from this is that an automobile insurer is not required to pay diminished value to their policyholder, BUT nothing is said about 3rd party.

The Given case only applies if you were pursuing your own insurance company for DV. In your case you are going after the other party's insurance. According to the law firm link above, MA is a state that allows DV. Yes, you are a 3rd party. Quote from website: "Successful cases are also generally made against the at-fault driver's insurance by a third party."

[WingZeroX5]

Originally Posted by m3m3mr

The Given case only applies if you were pursuing your own insurance company for DV. In your case you are going after the other party's insurance. According to the law firm link above, MA is a state that allows DV. Yes, you are a 3rd party. Quote from website: "Successful cases are also generally made against the at-fault driver's insurance by a third party."

Exactly...everything I was looking at points to what you have said

[lorinzo]

The good news is that it does not sound as if the damage is significant.

Your diminished value claim is in large part dependent upon the damage caused to your vehicle. If the damage is "minor" or cosmetic, then, you do not have much of a claim.

However, I am of the opinion that you are entitled to something because this event will show up on a CarFax report. That fact alone will cause some potential buyers to pass on your car. We can debate how, why and when CarFax gets info. . . but to me, it does not matter. You do not know what CarFax will or will not report in the future and therefore, you should assume that it will.

If there are fewer potential buyers then you will not get the proper value when you go to sell or trade your car. This loss of value was caused by the negligence of the other driver and you should be compensated for this.

Negotiate as much as possible with the insurance company for the other driver.

Keep all of the repair records and take before and after photographs. This will help down the line when you go to sell or trade and are confronted with the CarFax report which typically states something vague and ambiguous like "Accident reported with another motor vehicle. Involving rear impact. Minor rear end damage reported. Airbags did not deploy."

Best of luck!