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Reimbursement for Diminshed value
(Erlanger, Ky 41018)
Automobile accident in which the other party admitted fault but is uninsured.
We have determined a diminished value and made that demand to the other party. The other party secured legal council.
Said council told me that his client did not have to pay the diminished value.
Should I be taking this to small claims or??
Interesting? Third party diminished value claims (like yours) are valid claims. It's possible that KY has something different, but I would not take the attorney's word for it.
She has to advocate for her client and does not have your interest at heart.
Also remember that there is a BIG difference between a first party claim (against your own insurance company) and a third party claim (against the person who hit you. There are a lot of regulations against first party claim, but very little for third party claims.
You need to seek independent counsel (recommended) or take it to small claims (not recommended) like you said. If you do that, you will be able to talk to a judge and the lawyer would not be able to represent her client there.
I hope this helps
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