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!).
Posted 04 January 2013 - 01:06 PM
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