So if you think about the value of a vehicle and then how much a vehicle is worth after it has been in an accident, that difference is diminished value. Some insurance companies may say they do not do this, but they do. They will tell you it doesnt decrease the value of a vehicle, but if you are going to purchase a vehicle and you see on the carfax its been in an accident 90% of people keep walking. Thus diminishing the value of the vehicle.

The biggest issue is proving how much the value of the car has gone down. For a g with the airbags deployed it can easily be 5-10k, especially if there is structural damage to the frame. If there is any legitimate branded auto deal cannot sell this on their lot. The car would need to be sold wholesale to junkier lots.

The only reason I know about this is because I was hit by an uninsured motorist. My insurance premium did not go up, however I was hit from behind. Right now I am going through the process of getting the diminished value. I got to the value by getting appraisals on my car from carmax/infinity and then comparing it to the trade in value. It is a long process and will be a pain, but you want to get that $ back because when you sell this car in the future it will be worth less. You may want to consult a lawyer.

 

Unfortunately, these people are not responsible individuals and usually don't have a Pot To **** In. So like they say you can't get blood from a stone. Year's ago a friend of mine was totaled out by these guys. He won a court settlement and was supposed to receive monthly payments. The checks that the guy was writing were bouncing, so he went back to court and believe it or not, the judge said that at least he was "attempting" to pay for the damages.

 

Happened to me and Allstate didnt want to pay all the medical. Other driving got cited, didnt have insurance or license. Needless to say Im not with Allstate anymore. Yeah even though we had a vehicle repaired certified by Nissan when we tried to trade it carfax came up and they didnt want the vehicle. Also if it costs more to repair your car than it is worth they can just total it and give you what kbb says its worth.

 

Sorry, but DV can only be claimed against the insurer of the at-fault party. If you have to go against your own UM coverage to fix the car, they will fix your car (minus UM deductible), but you cannot claim DV against your own company, even though the other party is at fault. To make matters worse, your company can raise the UM portion of your premium, but it's nowhere near how much they can raise you for an at-fault accident under collision coverage.

Sorry to hear about your loss. My '10 G37x is the same color. Make sure the new side glass is properly aligned, or you will have wind noise issues on that side. Take the car to the most reputable shop you know of, and stay on them till everything is properly repaired.

 

Intentionally writing bad checks becomes a felony after a certain amount is reached.(determined by your states statutes)

OP: Sorry about your car, man. These kind of situations kill me. I had a guy hit me in my wife's 08 vert. about a year and a half ago. No license and no insurance. The FHP didn't even arrest the douche. He ended up in prison anyway, so all was set right a year or so later. A little advice is don't give up. The paperwork becomes a real PITA but in the end things will get fixed, you just got to keep after your insurance provider.

 

I'm making a dv claim against my insurer right now. Granted my lawyer is the one communicating with them. You can certainly make a dv claim against your insurance company, they will attempt to not pay out but be persistent or get. Lawyer

 

Take the 12k check. Remove the door and cut the side panel. Install a twin turbo kit, and only drive it in good weather.

You can thank me in the morning.

 

Had a similar accident last year but no airbag deployed and it was $8k.
Sorry to see that OP, hopefully it'll get fixed as new.

Before signing off on the repair be sure to check for an accurate paint match under many angles and lighting (including out in the sun).

Good luck.

 

If you have the guys info I'd sue him if the insurance company does not. I am not 100% your insurance will go up because you were not at fault. I have had a similar situation here in Cali and if I remember correctly my insurance did NOT go up. But make sure to lean on the insurance company because they will inevitably low ball you on the repairs and a sub-par shop. Good luck, glad you are ok at least

 

i'm so sorry to see this .. drunk driver nicked me as i was driving down the street about 3 weeks ago, was scary and infuriating, hope it all works out

 

If you make a claim against your uninsure motorists policy I believe you no longer can sue the other driver. But thats okay, this is actually why we have UM coverage. The insurance company will act as the other driver in this case. Any medical, diminished value, repairs, etc will all come from the insurance company under this uninsured motorist coverage. It may depend on the state but your premium should not go up.

 

Don't mean to hi-jack the thread but I have had State Farm for almost 40 years, cars, boats, motorcycles, apartment and homeowners ... I have NEVER been treated wrongly by them. Even my son who had apartment insurance from them and had a fire while at college and was taken care of very well.

Back to topic ... OP, hopefully you have already contacted your insurance agent already ... if not, do so ASAP. Have any police info handy.

 

Thanks a lot guys for the feedback , I spoke with my insurance today , they gaved me my claim number . I will deff ask them about the DV and see what I can do .

 

If they say no, or even if you have any medical issues I'd get a lawyer

 

Yes I'm going to prepare myself for the long haul , not fair that I have to pay for the consequences of a drunk driver