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Auto Diminished Value Insurance claim


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#1 SeattleRay

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Posted 03 January 2013 - 01:21 PM

Anyone aware of cases decided in Washington state that addresses the concept of diminished value as it relates to trade in value of a highline car that received substantial repairs?

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.

#2 Lemon_Lawyer

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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!).



#3 SeattleRay

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Posted 03 January 2013 - 02:24 PM

Lemon_Lawyer....thank you

#4 FindLaw_Amir

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Posted 04 January 2013 - 01:06 PM

Excellent reference to the document regarding this subject matter Lemon_Lawyer.
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