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InAndOutConstruction · Mar 7, 2008, 06:41 PM

I had an auto accident the other day. My car was valued at $14,000 before the accident. It was in perfect condition. Some chucklehead made an illegal left turn in front of me and I partially T-boned him. Thankfully no one was hurt. The car is being repaired and I have lost a ton of value in the car. I've read that you can recover "diminished value"... I am in NY state. Any one know what I need to do?. I am going through HIS insurance for all expenses incurred. Thanks.

charlotte234s · Mar 7, 2008, 06:42 PM

It depends on if you yourself carry insurance as well, is all I know.

Fr_Chuck · Mar 7, 2008, 07:55 PM

I don't see what his having insurance has to do with the issue. You collect the money from his, since they were at fought.

but you ask for it, when you meet or talk to the adjuster you merely ask for it. A lot will depend on the type and amount of damage, often somewhere in 10 percent of value is not unheard of on smaller claims and up to 20 percent on larger claims. Now here comes the hard ball hard part, if they won't pay it, and refuse to settle with you ( give you check to fix your car) unless you accept their offer, you have to be willing to sue in court.

moix4 · Mar 15, 2008, 09:45 PM

Where did you get the $14,000 value of the car prior to the accident? When you are paid the value of any car it is based on what is called the Actual Cash Value. This is usually determined by averaging the retail replacement costs from the Red Book & NADA book in NYS. The values will include any optional equipment (unless already factored into the retail replacement cost), any allowance for low mileage & any deduction for high mileage. You can go to the library & look these figures up for yourself. Just make sure that you use the books that cover the date of the accident, as they are published monthly & the values decrease accordingly. Even if you used your own insurance, this is how they would determine the value of your car.

There is no such thing as "diminished value".