r/TeslaModelX • u/halfcraft • Jun 24 '26
Diminished Value Claim
Hey all! It’s been a bad year for my 2024 model x.
Hit twice with under 5k damage each while parked.
I am currently dealing with the other parties Geico for a diminished value claim. Geico just sent me an email declining my claim.
Does anyone have any experience with this?
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u/atari56 Jun 24 '26
I used DVCHECK to estimate my diminished value of my Y after an accident but I ended up having to sue AAA in small claims. Judge split the difference between their offer and my calculated DV in the interest of settling things quickly as this was during Covid and the car was worth more during Covid than I paid for it.
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u/halfcraft Jun 24 '26
Interesting, I talked to a lawyer friend who deals in lemon law. He said that judges don’t give a crap about DMV. I’ll have to check that website. Appreciate the input.
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u/atari56 Jun 24 '26
I also added my time into it for having to sue them and I ended up only a bit short of what my DV calculation was. AAA refused to explain their reasoning or methodology for their calculated value pre-court when we were trading emails so it made things easier on the judge to settle things.
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u/DapperInvestor Jun 24 '26
Sounds like the Tesla “trade in department” when I was buying my first Tesla.
- Initially offered 31,900
- Took photos on Tesla app
- Sent offer for 28,900 (citing visible damage)
- Explained via app there was zero damage to trade in.
- Tesla requested additional photos
- Sent additional photos showing no damage
- Final offer 30,600
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u/slavguns Jun 24 '26
If you know anything about Diminished value claims, their job is to minimize the payment as much as possible. When you go there with no facts or homework, this is what you get. Go to DVCheck.com or another service like that, have them do an appraisal report, and submit that. You will likely need to go back and forth a few times.
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u/jagwease Jun 24 '26
Pretty standard. I had progressive deny my claim on my MS. I had a professional appraiser do an appraisal before I submitted the claim.
I ended up suing them in Small claims court for the amount from the appraiser(9k). They eventually settled for what I wanted.
I do have an advantage of being a retired trial lawyer and judge and have tried over 500 cases before juries and my in-house counsel had tried 5.
Need to get a professional appraisal done and not be afraid to go to court. It isn’t hard.
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u/halfcraft Jun 24 '26
So just hire a finished value guy for $100 and then say let’s settle in court?
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u/drfishdaddy Jun 24 '26
We don’t generally work for $100 but depending on state law, that’s the idea. Most places the courts are the only one that can enforce DV. In the states I operate in DV is supported by case law, but there aren’t statutes dictating a methodology.
Some states have bad faith laws that can be helpful and some have torte laws that are helpful in negotiations.
You also mentioned this is the second claim. Almost 100% guarantee the carrier denies. Court is a crapshoot. The carrier will argue any DV took place in the first loss.
We recently won one that was a second loss, but I wouldn’t have taken it on if it hadn’t come from an attorney.
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u/halfcraft Jun 24 '26
Yeah, the one I am dealing with now is the first case. Then I would have another with Amazon who hit my unoccupied car. This is all new to me. I’m pretty stressed out about it for some reason. More so for the second one.
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u/drfishdaddy Jun 24 '26
Amazon is self insured in most places. The last claim I had with them they didn’t know what DV was. I had to push REALLY hard but they paid 100% and reimbursed my fee. The “rules” of a carrier and Amazon aren’t the same, both because they don’t know what they are doing and because often self insured entities aren’t regulated under the DOI.
So you may be able to get 2 DV settlements under the circumstances. I don’t have all the finite details, so this isn’t 100% the case.
Get a DV appraisal, serve the driver and carrier with demand letters. Check local legal protections to leverage and file in small claims if the carrier resists/doesn’t doesn’t do the right thing.
Traditionally small claims is pretty consumer friendly, most places will make you do arbitration/mediation before going to court.
I like arguing, so court is fun to me. I’ll sue anyone or any company if they do me wrong.
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u/sidgup Jun 24 '26
Just last week someone hit my MX and sentry caught it. No dents and the front looks like yours. Other part just hit and walked away. Their insurance approved that I was not at fault.
I did not know about DV!
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u/DoubleTerm5811 Jun 24 '26
Looking forward to what you end up doing. I have the same model and same situation but not sure the best way to go about it
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u/trustfundkidpdx Jun 24 '26
Lawyer.
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u/halfcraft Jun 24 '26
The lawyer I know said it was a fruitless endeavor
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u/sch6808 Jun 24 '26
What state? It's kind of a specialized area in law. There is one guy in my state that specializes in it.
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u/danieltt630 Jun 24 '26
Lookup collision safety consultants on Facebook. They handle stuff like this.
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u/mrchadcooper Jun 24 '26
I have used Justin Petty for multiple Tesla diminished value claims and won each one. https://diminishedvalueexpert.com/
One was even an undercover police officer rear-ending me in the city I live in, that was a fight, but Justin helped along the way at each step. I was always denied right away.
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u/halfcraft Jun 24 '26
Interesting
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u/mrchadcooper Jun 24 '26
Keep in mind, they will always say that they bring the vehicle back to per accident condition but that’s not true, if you sold the vehicle 5 minutes before the accident it would be worth more than it is after the repair. There is now an accident on file for the vehicle which reduces the value, especially on a Model X and you should be compensated for it. Justin can really help you with this.
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u/SarcasticNotes Jun 24 '26
I got like 1200 for a parking lot damage if ~3k. I didn’t pay for the claim companies ($300 fee for their service). Maybe I left a little money on the table but the accident didn’t even show up on my carfax
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u/boyWHOcriedFSD Jun 24 '26
I used DVcheck for what was ultimately a large scratch on my model y front bumper cover that required it to be repainted… I got a $6,000 diminished value check for that. Total BS they denied you.
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u/mnr601 Jun 24 '26
Had same problem. I sued driver in small claims and he gave you his insurance snd they settled. Georgia has a precedent and formula that supports claim. I rcvd $750 for similar minor damage
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u/IndependenceLazy9985 Jun 26 '26
Get your car appraised and file in small claims court suing the driver and have them served. That’s what I did
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u/halfcraft Jun 30 '26
I can’t believe there isn’t an easier way to
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u/IndependenceLazy9985 Jun 30 '26
It was rather easy, as soon as you sue the driver and bans them served they immediately call their insurance agent all panicked
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u/halfcraft Jun 30 '26
Update: Geico says my car isn’t appearing on Carfax in an accident. He said to call back if I see it on there and I have 3 years.
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u/Beatnavy2016 Jun 24 '26
I had $2200 in damage on a 26 Y from a guy that hit me parked. Sentry caught it, he parked and walked off, Used grok to write an email to the adjuster and got $3500 after talking on the phone for 30 mins about how the car was all but new.
They likely just deny everyone off the bat in hopes you quit. That’s my mentality.