How to file a diminished value claim in california
Diminished Value Claims - Recovering Insurance Money after a Car Accident
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this is a topic about diminished value
claims diminished value claims are a
part of my personal injury practice and
it's a part of my practice that I really
enjoy
I like the clients that this practice
brings me and I like the results that I
get for them for my clients with bodily
injury claims the diminished value
component of their case adds value to
their overall settlement second
diminished value claims is one of the
most legitimate and objective tort
claims that are out there but at the
same time it's one of the most
overlooked most people don't understand
that you can make a diminished value
claim and many lawyers think that the
claims are too small or they don't know
how to handle them I do I've settled
hundreds of these cases with all of the
major insurance companies and I've tried
these cases to juries and obtained
excellent results excellent verdicts for
my clients when a car is wrecked and
repaired a record is created usually in
car fax or Auto Check and when the owner
of that wrecked and repaired car goes to
the dealer to trade in the vehicle the
dealer will be aware of the accident
history and offer the owner less than
they would have received if the vehicle
was accident free wrecked and repaired
cars RVs and motorcycle are worth less
this is especially true if the vehicle
was new or newer and the damage to the
vehicle was major damage for lawyers the
law on diminished value is contained in
Florida's standard jury instructions in
civil cases in the section regarding
personal injury and property damage
these are all third-party cases cases
against the at-fault driver and their
insurance company there is no first
party insurance coverage for diminished
value cases in Florida in representing
somebody in a diminished value claim you
to think about strategy if my clients
ensure paid for the repairs to my
clients vehicle then their insurance
company will have a subrogation claim
against the third party insurer which is
the same target of our diminished value
claim it's my responsibility to verify
what is the policy limit of the third
party insurer if the policy limit is low
I need to make sure that my clients
claim for diminished value has priority
over the subrogation claim of my clients
ensure the lawyer must protect the
client that means that the lawyer must
make sure that the client is made whole
before their insurance company makes its
subrogation claim against a third party
insurer this is known as Florida's made
whole doctrine that means that the
insured has the priority right when
there's limited funds before their own
insurance company and this is critical
to understand in diminished value
practice I've represented hundreds of
people in diminished value claims but
each case is unique and requires its own
specific strategy to maximize value I
like to take high-quality photographs of
the damage to my clients car and get
pictures during the repair these images
can be very compelling evidence to
explain the extent of the damage and to
support the claim for loss in value for
clients with high-end cars or exotics I
hire a professional appraiser to
quantify the diminished value however
for clients who have production cars
often we do a free in-house analysis to
calculate diminished value we make a
demand for a diminished value to the
insurance company of the at fault party
and we negotiate a settlement if we
can't settle then with our client
consultation we file a lawsuit many
cases settle in litigation and if we
can't settle then we have a trial to get
a jury verdict on the case we take these
cases on a contingency fee basis which
means the client doesn't need to advance
any money to us if we don't succeed in
getting a result for them they owe us
nothing there is something about this
particular part of my practice
diminished value cases that I thoroughly
enjoy and I understand the frustration
that vehicle owners have when they buy a
beautiful new car and it's in an
accident if this has happened to you
please contact me and I think I might be
able to help
you
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