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dimished value

by Darrin Tharp
(Baytown Texas)

Insurance company telling me that because my truck had a claim on it for hitting a deer in 2008 that i can no longer claim the diminished value for my truck on a recent wreck i was hit by and uninsured motorist and i have uninsured coverage there telling me that my 2005 f250 diesel truck is to old and dose not warrant coverage any more is this true.

Answer:

We have not seen any law or statute that would bar your diminished value claim because of a prior claim.

The argument would be that you would not be entitled to as much money with 1 claim that if you had none, however, you are still entitled to something. It's going to be a matter of how much.

Good Luck

Comments for
dimished value

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Mar 20, 2011
 Diminished Value
by: Md Lawyer

The argument as to diminished value is that AFTER repairs made in a commercially acceptable manner, the vehicle has lost value because you have to disclose the damage to any potential buyer. The measure is what was the vehicle worth immediately prior to the collision and what is it worth after the reapirs. A strong argument is that after a second accident, the vehicle is worth far less than if it had a single accident with the same dollar repair costs (combined reapir costs) because of TWO accidents.
Mar 20, 2011
 Deminished Value
by: Sirrics

If your truck was restored to its original condition then it is like there was never a claim. However, there are some exceptions to this rule. Mainly if your insurance company totaled the vehicle in the previous claim and you retitled the vehicle after the repair. But if the insurance company wanted to make that claim they should have never continued to collect premiums from you on that vehicle. If you never had the vehicle repaired from the previous claim then the company can claim deminished value. Especially if they paid you more for that claim than the value of the truck is now. Remember no matter the outcome with your carrier you still have the right to collect damages from the Uninsured Driver in Civil Court if they refuse to pay.

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