A depreciated value claim is a type of insurance claim that can help you recover the loss in value of your vehicle after an accident.
There are several types of depreciated value claims, including Actual Cash Value (ACV) claims and Diminished Value claims.
ACV claims pay out the current market value of your vehicle, which can be significantly lower than its pre-accident value.
Diminished Value claims, on the other hand, are used to recover the loss in value of your vehicle due to its physical damage, regardless of whether it was repaired or not.
To file a depreciated value claim, you'll need to provide evidence of the damage to your vehicle, such as police reports and repair estimates.
What Is a Depreciated Value Claim?
A depreciated value claim is essentially the same as a diminished value claim, seeking compensation for the difference between a vehicle's pre-accident value and its post-accident value.
In Virginia, this type of claim is defined by law, specifically in Virginia Code §46.2-1600, which addresses the compensation insurance companies pay to third-party vehicle owners.
The goal of a depreciated value claim is to cover the reduced value of a vehicle resulting from damage, in addition to the cost of repairs.
You're essentially seeking the compensation you stand to lose when selling the car because of the damages done in the accident.
This type of claim is intended to put you in the same financial position you would have been in if the accident hadn't occurred.
Types of Claims
There are three types of diminished value claims. A car can lose value after an accident in three ways: the stigma of the vehicle's new accident history makes its resale value diminish, the immediate diminished value after the accident and before any repairs are made, and the repairs themselves diminish the value of the vehicle.
You can categorize diminished value claims into three types, depending on the timing and value of the collision repairs. These types include immediate diminished value claim, inherent diminished value claim, and repair-related diminished value claim.
Here's a breakdown of the three types of diminished value claims:
- Immediate diminished value claim: applies to cars that haven’t been repaired yet, considering the loss of value from the accident and the need for repairs.
- Inherent diminished value claim: made after repairs have been completed and focuses on the decrease in value due to the accident alone.
- Repair-related diminished value claim: compensates for the decrease in value resulting from the parts and repair methods used.
What Is a Claim?
A diminished value claim is a demand for the difference between the pre-accident value of your car and its post-accident value. This type of claim seeks compensation for the loss of value your car suffers after an accident, even after repairs have been made.
To file a diminished value claim, you'll need to submit it to the at-fault driver's insurance company. They'll ask for specific information, such as a police report, pictures of the damage, and bills or estimates for repair.
If an insurance claim has already compensated you for necessary repairs, filing a diminished value claim can be cost-prohibitive, as the expense of gathering evidence may exceed the final payout.
There Are Three Types
There are three types of diminished value claims you can make after a car accident. Each type focuses on a different aspect of how the accident affects your vehicle's value.
If your car hasn't been repaired yet, you can file an immediate diminished value claim. This type of claim considers the loss of value from the accident and the need for repairs.
The inherent diminished value claim is made after repairs have been completed and focuses on the decrease in value due to the accident alone. This means that even if your car appears to be in better condition after the repairs, you can still award compensation for its inherent diminished value.
The repair-related diminished value claim compensates for the decrease in value resulting from the parts and repair methods used. For example, a car that's repaired using original equipment manufacturer (OEM) parts is more valuable than one repaired using aftermarket parts.
Here are the three types of diminished value claims summarized:
Book
There are three types of diminished value claims, and one of them involves using book value resources to determine the resale value of your car.
Edmunds Car Value and Kelley Blue Book are go-to resources for consumers seeking to determine the resale value of their cars. These sources allow you to enter various facts about your vehicle, including its age, model, features, location, and condition.
You can also include details about prior car accidents the vehicle was involved in, damages sustained, and repairs made. This information is crucial in determining the vehicle's pre- and post-accident value.
To get an estimated resale value, you'll need to provide the information required by Edmunds Car Value and Kelley Blue Book. Once you've entered the details, you'll receive an estimated resale value, which will serve as a baseline for your diminished value claim.
The difference in the estimated resale value and the resale value assuming the accident never occurred is a general estimate of the vehicle's diminished worth.
Filing a Claim
To file a depreciated value claim, you'll need to submit it to the at-fault driver's insurance company. Check their policies for submitting a claim, as this will vary.
You'll need to provide specific information, such as a police report determining fault, pictures of the damage, and bills or estimates for repair.
You may also need to get an appraisal to determine your car's value, which can be a crucial piece of evidence in your claim.
If an insurance claim has already compensated you for necessary repairs, filing a depreciated value claim can be cost-prohibitive, as the expense of gathering evidence may exceed the final payout.
The insurance company will ask for this information, so it's essential to have it ready.
Insurance Company Calculations
Insurance companies use proprietary databases to calculate the approximate value of vehicles, but you can compare your results with theirs to determine reasonableness.
Insurers will often focus on repairing your vehicle and compensating you for medical expenses or lost wages, but it's up to you to request compensation for the diminished value of your vehicle.
You'll need a general estimate of your car's diminished value to make this request, so you can identify if the insurer is offering fair compensation.
Insurance companies in California use the 17c Formula to calculate diminished value, which begins with the appraisal value of your vehicle, often from the National Automobile Dealers Association (NADA) or Kelley Blue Book.
The appraisal value is then multiplied by 0.1, representing the maximum diminished value that a vehicle can suffer from a crash.
A damage multiplier is then applied, ranging from 0 to 1, depending on the severity of the damage.
Here's a breakdown of the damage multiplier:
- 0 - no structural damage or replaced panels
- 0.25 - minor damage to panels or the vehicle's structure
- 0.5 - moderate damage to panels or structure
- 0.75 - major panel and structural damage
- 1.0 - severe damage to the vehicle's structure
The resulting number is then subjected to a mileage multiplier, which takes into account the vehicle's age and mileage.
Here's a breakdown of the mileage multiplier:
- 0 - for vehicles with 100,000 miles or more
- 0.2 - vehicles with 80,000 to 99,999 miles
- 0.4 - 60,000 to 79,999 miles
- 0.6 - 40,000 to 59,999 miles
- 0.8 - 20,000 to 39,999 miles
- 1 - for vehicles with less than 20,000 miles
If you're unsatisfied with the payout offered, you may want to get the legal advice of a car accident lawyer from a reputable law firm.
Determining Depreciated Value
There is no fixed industry standard for calculating the depreciated value of your vehicle.
A professional appraisal may be more credible than online estimates, but it can be costly.
You can use external sources or a vehicle appraiser to obtain a reasonable estimate, but be aware that these may not be as accurate as a professional appraisal.
What Is a Value?
In Virginia, the diminished value of your car is typically calculated based on the extent of the damage, which is best documented through photos.
You will need to file a third-party insurance claim for the diminished value, which means you'll need to work with the other driver's insurance company.
The value of your car is determined by an inspection and appraisal, which can be done by a professional.
In some cases, an expert may be needed to testify about the damage and its cost.
How to Determine
There is no fixed industry standard for calculating the diminished value of your wrecked vehicle. You can use external sources or a vehicle appraiser to obtain a reasonable estimate.
A professional appraisal may be more credible than what you obtain from web sources, especially if the appraiser is licensed and certified.
Seeking a professional appraisal can be costly, so you may want to perform an initial online estimate to determine whether the reduced value is substantial enough to pursue.
A professional will review your vehicle’s condition and accident history to evaluate its diminished worth.
Notify Insurer for Vehicle Compensation
You need to tell your insurer you want compensation for the diminished value of your vehicle. Most insurers won't mention this option when you file a claim, so it's up to you to request it.
Having a general estimate of your car's diminished value is very helpful before making the request. This way, you'll know whether the vehicle's worth has decreased and by how much.
You can identify immediately if the insurer doesn't offer you fair compensation. For instance, if you're driving an older vehicle that wasn't worth much before the accident, you might not see much compensation from your claim.
Virginia
In Virginia, you can file a diminished value claim if you think your vehicle's value has been reduced due to damage.
Virginia law defines diminished value compensation as the amount an insurance company pays to a third-party vehicle owner, in addition to repair costs, for the reduced value of a vehicle.
This compensation allows you to recover the resale value of your car, which must factor in the stigma associated with a car after it's been in an accident.
CarFax and other companies will record a car's history, even if you can repair it.
The amount of compensation you can receive is based on the reduced value of your vehicle.
Frequently Asked Questions
Is a diminished value claim worth it?
Whether a diminished value claim is worth it depends on your car's value and condition before the accident. If your car is relatively new and has no accident history, you may be eligible for significant compensation.
How to negotiate a diminished value claim?
To negotiate a diminished value claim effectively, be strategic in your approach by gathering strong evidence and understanding your state's laws. This will help you make a solid case and potentially lead to a more favorable outcome.
How do you calculate a diminished value claim?
Diminished value claims are typically calculated by capping the loss at 10% of your car's pre-accident value, using a formula such as 17c. For example, if your car was worth $20,000 before the accident, the maximum claim would be $2,000.
What is an example of a diminished value?
Diminished value is a maximum of 10% of a vehicle's market value, calculated by multiplying the market value by 0.10. For example, a $15,000 vehicle with damage could be worth up to $1,500 less due to diminished value.
What factors are considered in determining diminished value?
Diminished value is determined by considering the vehicle's pre-crash condition, repair costs, and market trends, including the value of comparable vehicles and past/future market performance. This assessment helps determine the fair market value of the vehicle after the accident.
Sources
- https://www.mwl-law.com/automobile-third-party-diminution-in-value-claims/
- https://cooperhurley.com/faqs/what-are-diminished-value-claims-in-virginia/
- https://www.shouselaw.com/ca/blog/diminished-value-claim/
- https://riverrunlaw.com/blog/diminished-value-virginia/
- https://www.clinecollisioncenter.com/what-you-should-know-about-diminished-value-claims/
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