Auto Diminished Value Insurance claim
Posted 03 January 2013 - 01:21 PM
Basically the repairs on the car were accepted, but when a trade in was contemplated, the dealer ran a Car Fax report, noted the reported accident, and lowered the trade in value by several thousand dollars. The damage was a result of an insurred driver, subsequently cited for negligence, hitting my car in a parking lot. The drivers insurance company paid for repairs, but refuses, after several attempts, to even consider a diminished value claim.
Being unable to find any settled cases in Washington, I'm at a loss as to how best to proceed, short of suing the the driver in small claims court and perfecting a judgement.
Thank you in advance for any and all answers/insights/suggestions.
Posted 03 January 2013 - 01:37 PM
I've had to fight this fight in California - where there is not a duty to pay for dimmunition of value. I did find this paper that you might find useful: http://www.mwl-law.c...Dimuinution.pdf. It cites a couple of Washington cases, the dicta of one states that the insured gets the benefits of the repairs or the dimmunition of value (would have been better not to repair!).
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