In a previous blog we noted that survey results indicate that persistent Diminished Value (DV) claimants get the best results on their DV Claims.

What if your claim is denied?

You have several options, some of which work better with particular insurance companies than others. The most cost effective option is to hire an attorney to send the Insurance company a demand letter . This does not mean you are committing to a law suit, this simply let the Insurance company know you have representation that knows the law.

You can file a small claims suit against the person at fault. Don’t make the mistake of filing a suit against the insurance company. The person at fault is liable for all the property damage related to the accident. Diminished Value is property damage and the amount awarded by the Small Claims Judge will be submitted by the at fault party to their insurance. The important thing to remember about Small Claims Court is that they don’t care a whole lot about who said what or who was wrong about what. Your there to prove your damages, prior to getting to this point the at fault party has already been determined, you just need to bring your appraisal report, if you have a CarMax nearby get a written offer to buy your car, the written offer will have a itemization line showing how much less they are offering you because of the repaired accident damage. A written offer from anyone else noting a substantial deduction for the disclosed accident damage will also help in proving your damages.

In short, if you have a claims that you have to take to court, make sure your suit names the at fault party, the person responsible for the accident and not the Insurance company.