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I have a diminished value claim with State farm for my 2009

Customer Question

I have a diminished value claim with State farm for my 2009 honda accord that was in a really bad accident.It took two months and 5 supplements to fix it.I hired an outside appraiser at the time after much research and documentation he estimated a loss of $4800.plus $150 for his report.They are only offering $1400.Can I take them to small claims court if so how should I name them in the suit.Would I just say state farm with the claims adjusters name and phone number.?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Pro replied 1 year ago.
So State Farm is only offering $1,400.00 to repair your vehicle and your expert appraiser said that the necessary repairs are $4,800.00 - correct?
Customer: replied 1 year ago.
Yes ,The appraiser I hired is used by well known lawyers in Orlando.Its a very professional report with lots of pictures of the car before and after and many comp's to back it up
Expert:  Law Pro replied 1 year ago.
Did you ask your appraiser why they large disparity between what State Farm is offering and their estimate? If so, what did your appraiser say?
Customer: replied 1 year ago.
No,I felt that his report told the whole story.State farm is going by bluebook and Kelly with a fair rating.The honda dealer wont even take it as a trade in.I wouldnt by a car that was in this severe of a accident.I dont think many people would carfax reports
Expert:  Law Pro replied 1 year ago.
Why the big disparity between the 2 estimates?

It doesn't take much of an accident to cost $4.8K?

Is the frame damaged or what?


State Farm did pay for your vehicle's repairs - correct?
Customer: replied 1 year ago.
The actual repairs cost well over ten thousand dollars,.from the beginning I felt the car should have been totaled.They also paid almost $3000 for a rental because the damage was so bad it took over 3 months to repair
Customer: replied 1 year ago.
,Did you need anymore info?
Expert:  Law Pro replied 1 year ago.
OK, now I understand the situation.

That is their choice to make - to "repair" or "total" a vehicle.


Diminished value is the automatic loss in value from a collision. Almost every vehicle that has been in a wreck will have some form of inherent diminished value.


In the state of Florida, if you are in a wreck and the accident was not your fault you are entitled to file a claim for diminished value.

You originally asked:

Can I take them to small claims court if so how should I name them in the suit.
It depends on how much "diminished in value" your vehicle is - FL small claims is limited to $5,000.00 or less. So if your claim for diminution in value is less than $5k - you can sue them in small claims court.

However, you must look at your policy - an insurance policy is a contract and jurisdiction or even mediation can be mandated therein. So you must look at what the insurance contract states to be sure of jurisdiciton and where jurisdiction is if there is a dispute.

If the insurance policy is silent - then you can sue them in your local small claims court.



Would I just say state farm with the claims adjusters name and phone number.?

 

 

You would state or sue State Farm - not the adjuster for them - they are only an employee of State Farm.

 

 

 

 


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Customer: replied 1 year ago.
Thanks,The repair and cost of appraisal are $4960,When filling out the small claims form,do I need to supply a address or contact number.I was not at fault.State farm is the guy who hit me .So i dont have access to the fine print.But they have already today offered $1400,which is much lower than what my appraiser's estimate of $4800.Thats why I want to sue.Do you have any experience on how the outcome of these small claim suits go.Do they side with me or the big company.Should I report it to the Florida states insurance regulator.If so do you know a contactThanks
Expert:  Law Pro replied 1 year ago.
You can't get the cost of the appraisal - on the diminution in value of the vehicle.

You would be suing State Farm for breach of contract.

Who is your insurance carrier - State Farm or who?
Customer: replied 1 year ago.
My insurance company is Gieco.I guess I still am not quite sure what to put ,Is just State Farm enough.Does the court know who to direct the summons to.I dont need an address ,department or some kind of contact person.
Expert:  Law Pro replied 1 year ago.
OK, I was under the impression that State Farm was YOUR insurance carrier.

Then you file suit against the person who hit you - not their insurance company.

Their insurance company has the duty and obligation to defend a lawsuit filed against their insured.

So you file suit in small claims court against the person whom hit you - where the accident occurred or where the defendant lives.



You DO NOT file suit against State Farm - they did not hit you nor do they have a duty to you nor did they breach a contract with you.

You must file suit against the person whom hit you.




Rating REQUIRED: Please don't forget to rate my answer 3 or higher so that I receive credit for assisting you today. Need more help? Reply below with more questions.
Customer: replied 1 year ago.
what would I put for the reason I'm suing to be reimbursed for diminished value?You didnt answer if youve had any experiences with the outcome of these case,s ,do you think it's worth it?
Expert:  Law Pro replied 1 year ago.
Yes, it would be worth it if you have an expert who can testify in court on your behalf (your appraiser).

You can put in as your claim - that they have not entirely compensated you for your damages that they caused - for their negligence and your damages.


Rating REQUIRED: Please don't forget to rate my answer 3 or higher so that I receive credit for assisting you today. Need more help? Reply below with more questions.
Law Pro, Attorney
Category: Legal
Satisfied Customers: 23467
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Law Pro and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
one more question should I except the$1400 now and collect the rest after the judgement or wait until after to except it all,assuming there would be more
Expert:  Law Pro replied 1 year ago.
You may be at risk accepting the $1400.00 - it would depend on how the check or payment was made. In full and final settlement of the matter?? If that be the case, you would lose if they attached a release or statement on the check as full and final settlement of your claim.

So I would be very wary about cashing the check.

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