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Diminished Value | Am I entitled to it?

by Zach
(Boston, MA)

I was rear ended by another driver. My vehicle was fixed but part of the repair included work to my frame. I just tried to trade my car in hopes of purchasing a new car. Initial trade value was set at 8000.

Once the CarFax was pulled, they dropped my trade value to under 4000. I live in Massachusetts as does the at fault driver.

My insurance and theirs are both telling me I can make no diminished value claims. I have seen some writing on how Massachusetts ruled on this previously but am having trouble reading between the lines (insured was at fault in the case).

http://www.irmi.com/expert/articles/2004/cooper09.aspx

Thank you.

Zach


Answer:

Hello Zach,

You have a third party claim. You are allowed to make this claim and you are most likely entitled to damages.

The problem is that insurance companies defend and argue (and play stupid) when it comes to Diminished Value Claims.

Please sees: http://www.auto-insurance-claim-advice.com/diminished-value-claim.html


Good Luck,
http://www.auto-insurance-claim-advice.com

Comments for Diminished Value | Am I entitled to it?

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Aug 02, 2012
diminished value
by: anne

We live in Massachusetts. Our 2008 chevy colorado truck ($12000 value kelly pre-accident) was rear ended and pushed into another vehicle causing front end damage. The truck that hit ours is also registered in Massachusetts and has USAA Casualty insurance- who has claimed 100% liability for the accident. The appraised damage is at 45% (damage is extensive)- and a current Chevy dealer expects trade-in value (due to car fax) will diminish by at least 50% if not more.

Can I claim diminished value in Massachusetts? How?
Thank you.

Reply

Hello,

You have a THIRD PARTY CLAIM for diminished value against the party that hit you. Please see our section on diminished value.

Thank you.

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