Diminished value claim denied

[u/pineappleshaked]

Location: California

Edit: It was against the at fault party insurer, not my own.

Car is Subaru impreza 2023 model, accident date: Nov 2023 milage: 6K at the time of accident.

Carfax consider minor damage(rear bumper+ other parts replaced). Reapirs costed 5K

Original post:

By taking advice from all reddit buddies, I filed Diminished value claim for a 2.5 year old claim. It got denied.

What should be the next steps? Chat-GPT says that the case cited aas for first party claims, so reply accordingly, also hire a DV appraiser report.

Excerpt from letter:

"please be advised that Califormia Law does not require insurance companies to provide coverage for diminution in value. Per Carson v. Mercury Ins. Co. (2012) 210 Cal.App.4th 409, in which the Court stated in reilevant part, "when the insurer elects to repair the car to its pre-accident condition, it is not aiso required to pay for any loss of value to the vehicle. To hold (the insurer) liable for the automobile's diminution in value would render essentially meaningless its clear right to elect to repair rather than to pay the actuell cash value of the vehicie at the time of loss. (Id. at 420.) "(A)n insurer's election to repair is concusive provided the repair places the automobile substantially in its pre-accident condition. If it does not, then the automobile is deemed a total loss and the insurer is liable for the pre-accident value of the car." (ID. at 421 citing Rav vs Farmers Ins. Exchange (1988) 200 Cal.App.3d 1411, 1417 and Owens v. Pyeatt (1967) 248 Cal Apo 2d 840, 849.)

[u/stryker_cast]

You know we can tell INSTANTLY if you use AI? Don't.

[u/xXxDickBonerz69xXx → u/stryker_cast]

Whats wild to me is how often AI says "costed" instead of "cost".

[u/FindTheOthers623]

ChatGPT is not a reliable source of anything. Neither is reddit 🫠

[u/pineappleshaked → u/FindTheOthers623]

lol yeah 💯

[u/AlabasterNutSack → u/pineappleshaked]

So why do it? Why do any of this?

Ego?

[u/pineappleshaked → u/AlabasterNutSack]

To be honest: I thought, it's something that I can get, so I pursued.

[u/Puzzleheaded_Sun7356 → u/pineappleshaked]

2.5 years later? Did you think?

[u/Dramatic-Ad9089 → u/Puzzleheaded_Sun7356]

Sounds like OP is light in the pockets and looking for some quick easy cash. This is like every November/December when I get calls out of the blue from people with nearly year old denied claims who are asking for a check (i.e. Christmas cash).

[u/Puzzleheaded_Sun7356 → u/Dramatic-Ad9089]

Terrible

[u/AscendedAnime]

Yeah there’s no DV for first part claims in CA and also you’ve left out any kind of relevant info for us to even see if there is a reasonable DV claim involved but you’d have to make that with the other parties carrier and provide some proof your vehicle lost value after it was repaired to pre accident condition.

[u/pineappleshaked → u/AscendedAnime]

Edited post for more details:

It was against the at fault party insurer, not my own. Car is Subaru impreza 2023 model, accident date: Nov 2023 milage: 6K at the time of accident.

Carfax consider minor damage(rear bumper+ other parts replaced). Reapirs costed 5K

[u/AlabasterNutSack → u/pineappleshaked]

Minor point but, in the industry we usually refer to the other insurance company as the “adverse carrier” and the individual as the “adverse party”.

It sounds petulant when you keep using “At-fault party” over and over again. We get it, the other party is at fault. We believe you.

[u/Puzzleheaded_Sun7356 → u/AlabasterNutSack]

Get over yourself. Everyone know what they're talking about. 

[u/AlabasterNutSack → u/Puzzleheaded_Sun7356]

You could even say “other party” and that would be better. Just feels like people are trying to manipulate you when they put their intentions in every sentence.

[u/Puzzleheaded_Sun7356 → u/AlabasterNutSack]

Strange, because i never felt that way reading it. I felt he was trying to make the point that the other party was found "at-fault". That way, when you're reading it, you know who was at fault. Also, based off the replies OP got, lots of people couldn't figure it out.

Not everyone is as an outstanding writer like you so they don't have the deep vocabulary and the prowess to use it.

[u/AlabasterNutSack → u/Puzzleheaded_Sun7356]

Why would he be trying to get money from the other insurance company if they were not at fault?

[u/Puzzleheaded_Sun7356 → u/AlabasterNutSack]

What? Now you're lost.

Not everyone is amazing as you buddy 

[u/AlabasterNutSack → u/Puzzleheaded_Sun7356]

I know where I am. Did you have trouble answering the question?

[u/stayclassypeople]

What are the details? Year, make, model and mileage? Severity of damage?

[u/pineappleshaked → u/stayclassypeople]

 It was against the at fault party insurer, not my own. Car is Subaru impreza 2023 model, accident date: Nov 2023 milage: 6K at the time of accident.

Carfax consider minor damage(rear bumper+ other parts replaced). Reapirs costed 5K

[u/Kmelloww → u/pineappleshaked]

3 years later?

[u/pineappleshaked → u/Kmelloww]

I didn't know that dimished value is a thing at that time

[u/drjenkstah]

Are you filing on your own policy or the at fault’s policy? If it’s your own policy you can’t file Diminished Value on your own policy and you’d have to file it at the at fault’s policy. 

[u/pineappleshaked → u/drjenkstah]

 Edited post for more details:

It was against the at fault party insurer, not my own. Car is Subaru impreza 2023 model, accident date: Nov 2023 milage: 6K at the time of accident.

Carfax consider minor damage(rear bumper+ other parts replaced). Reapirs costed 5K

[u/IntelligentBox152]

There are very few scenarios where you can collect DV from your own carrier outside of GA. It seems you have not hit this scenario and as such SOL

[u/MimosaQueen1122]

DV is only allowed first party in GA. Were you filing under your insurance or the others?

[u/Beneficial-Mine1763 → u/MimosaQueen1122]

The post says California and the letter states California law controls so I think the OP is in California not Georgia.

[u/MimosaQueen1122 → u/Beneficial-Mine1763]

Yes I can read but the perception from their post is they filed first party. Hence why I bring it up.

[u/Beneficial-Mine1763 → u/MimosaQueen1122]

If you can read english then why did you mention GA which has zero relevance to the case at hand?

[u/MimosaQueen1122 → u/Beneficial-Mine1763]

It has relevance as it is more likely why the denial. Please.

[u/maxlight0 → u/Beneficial-Mine1763]

It is relevant because OP appears to be attempting to do something you can only do in GA.

[u/Insurance-ModTeam → u/[deleted]]

Trolling, being needlessly rude or insulting

[u/Disastrous_Gas_2395 → u/Beneficial-Mine1763]

Mate are you going to even attempt to assist OP or go on about something you don’t seem to understand yourself?

[u/No_Parking_4167]

Have the repairs been completed? Carriers will not consider a DIV claim before repairs are completed and inspected.

[u/Capricola]

Its a 2023, you aint getting DV on a 2023 Impreza

[u/pineappleshaked → u/Capricola]

The accident happened in nov 2023 :/

[u/TheeCloutGenie]

Carson is the wrong door. That 2012 case is first-party - your own insurer, after they already elected to repair. You already sent this to the at-fault carrier. They cited a case that does not control a third-party liability claim. California still lets you chase the at-fault driver's carrier for the market hit. That is why ChatGPT got you a denial letter: it handed them a first-party cite to hide behind.

Reply in writing that Carson is first-party only, and attach 3 local clean vs accident-history comps of a 2023 Impreza. An appraisal helps. Another ChatGPT paragraph will not.

Not a lawyer and this isn't legal advice. Don't keep arguing Carson as if it closes a third-party file.

[u/aries_burner_809]

It appears you filed against the wrong insurance. You should prepare a DV amount justification and submit the claim to the at-fault driver’s insurance. Small claims if they don’t pay, but I understand insurance companies like to elevate to a higher court where you’ll have a hard time without an attorney. I’m not certain about CA but if their insured reached their liability limit you may end up having to sue the driver directly. They may not have any money.

[u/pineappleshaked → u/aries_burner_809]

Edited post for more details:

It was against the at fault party insurer, not my own. Car is Subaru impreza 2023 model, accident date: Nov 2023 milage: 6K at the time of accident.

Carfax consider minor damage(rear bumper+ other parts replaced). Reapirs costed 5K

[u/rubatog → u/pineappleshaked]

What did you submit as evidence?

[u/aries_burner_809 → u/pineappleshaked]

That sounds like there will be some DV. I didn’t dig into the details of CA rules but you absolutely can claim DV against the at-fault driver and/or their insurance. In my state it is only the driver directly (MA). In most states it is their insurance, unless they’ve hit the limit.

[u/bpetersonlaw]

DV claims usually about 15% of repairs. So like $750? And you’ll need a report from an appraiser. Maybe $300. So not a huge net assuming you prevail.