Rear accident frame damage diminished value claim

[andydim]

My car - Altima 2015 - never been in an accident before - was hit in the bottom bumper in December 2017. Police arrived, noted the accident. I called to the insurance company of the lady who hit me. They agreed to settle this, offered their body shop. I tried to call my dealer, but they had a line for about a month and couldn't provide anything faster. So i agreed to the suggested dealer.
I brought my car in, they did an estimate, sent it to me. it was about 4K. I agreed verbally, they started working on my car. Then they adjusted the repair price to about 5 K. after they finished, insurance company brought me check, i drove to the body shop and collected my repaired car back. As it was discovered during the review of what they did - they pulled the frame, so there was a frame damage.
After that I went to CarMax, estimated the trade in value of the car. They mentioned the Accident in the Auto Check, inspected the car, found frame damage, offered the price - 9.5K for the auction, as there is a frame damage.
KBB average Trade in price for this car at the time of Car Max estimate was about 12.7K. So I sent a diminishing value claim, with attachment of the car max trade in value and KBB value. I asked about $3.2K compensation.
They accepted my claim and sent me check for about $1.2K compensation only.
Question: is it worth to fight with the insurance company more? or with the lady who hit me? How hard would it be to fight my $2K missing money back?

 

[PayrollHRGuy]

Any fight you have will be directed towards the other driver. Yes it will likely be the insurance company that deals with it but remember the insurance company didn't run into you.

That said, what have you signed that the insurance company sent you?

 

[adjusterjack]

Question: is it worth to fight with the insurance company more? or with the lady who hit me? How hard would it be to fight my $2K missing money back?

Laws on DV claims differ from state to state and you failed to identify your state despite the question that stared you right in the face when you opened this space. In fact, laws on everything differ from state to state which is why the question is there.

Anyway, it has to be entirely up to you to decide if you want to fight for more. Nobody can predict whether you'll be successful.

But the way you do it is send back the check to the claim rep and say it's not enough. Then, if you don't get a higher amount you file suit against the driver and prove to a judge that the amount you claim is appropriate.

The difficulty there is that there are three popular price guides (KBB, Edmunds, and NADA) and their values are all over the map. Worse, most of the insurance industry uses CCC for pricing. And a dealer will always low ball you on an offer no matter what.

Another issue is that you'll have to have expert testimony of the DV when you get to court. That will cost you and you won't get that back.

So, is it worth it? You decide.

 

[andydim]

Any fight you have will be directed towards the other driver. Yes it will likely be the insurance company that deals with it but remember the insurance company didn't run into you.

That said, what have you signed that the insurance company sent you?

I did not sign anything with the insurance company other than two checks - first check for the repair - I gave it to the body shop. second check - the diminishing value of $1.2 K. And I am from Florida if that mean anything.

 

[adjusterjack]

I am from Florida if that mean anything.

It does.

Florida courts have held that “the cost of the repairs made plus the diminution in value will ordinarily be the proper measure of damages, with the burden on the plaintiff to prove in addition to the cost of repairs, that he suffered the additional damage of diminution of value by the vehicle having been involved in the accident.” McHale v. Farm Bureau Mut. Ins. Co., 409 So.2d 238, 239 (Fla. Dist. Ct. App. 1982); Airtech Serv., Inc. v. MacDonald Constr. Co., 150 So.2d 465 (Fla. App. 1963). In McHale, Florida’s Third District Court of Appeal describes Airtech as “not a ‘cost-of-repair’ case, but a ‘total destruction’ case.” McHale, 409 So.2d at 239. It is not necessary for the vehicle to be sold before damage for diminished value is realized and can be recovered. Meakin v. Dreier, 209 So.2d 252 (Fla. App. 1968).

https://www.leagle.com/decision/1982647409so2d2381516.xml

Diminished Value is generally subjective because it involves the perceived stigma of having been in an accident in spite of the car being successfully repaired back to its original condition.

A frame repair is another story. It's never put back 100% to its original condition so there is no question that there is diminished value when you combine the stigma with the frame repair.

The problem is proving the "how much."

Florida has a plethora of diminished value appraisers that claim to be able to get you more money by negotiating with insurance companies and you pay a commission when they do. You might look up a few and discuss your claim.

 

[PayrollHRGuy]

Did either or both of those checks have any sort of waiver on them?

 

[andydim]

Did either or both of those checks have any sort of waiver on them?

First check - do not remember - description of works and calculation for the body shop.

Yes, second check had a waiver - a diminishing value calculation - 10% of a KBB car value, then some other adjustments, out of 15.000 value, they calculated 1200 compensation.

 

[PayrollHRGuy]

That waiver will likely bar you from any further claims if you cashed it.