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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117438
Experience:  Attorney experienced in commercial litigation.
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I have a four month old car and it was wrecked into by a on

Customer Question

I have a four month old car and it was wrecked into by a on coming car and it was their fault. The insurance company paid 7400 dollars damages repair. I filed a diminished value claim with insurance company. They demanded I get a diminished value report before they will pay and when I got the report it said 5400 dollars and turned it in to the insurance company. They offered 1500 dollars the first time and 2000 the second time. I paid 514 dollars just to get the report make. How can I get them to pay closer to the 5400 hundred estimate and who can I contact to help me achieve this? I was wondering if there was any type of lawyer that will take on this type of case for a reasonable amount.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
With a property damage claim, unlike a personal injury claim, attorneys will not handle them on a contingency fee basis, only an hourly fee basis. If you have a personal injury claim in addition to the property damage claim for diminished value, then the personal injury attorney will handle both. However, without a personal injury claim an attorney may charge you $300-$900 to negotiate this for you, depending on the time it takes them.
If they have gone up to $2000, then they will go higher, because they know that since you have the diminished value report that is what a court will go by and that you can sue them for the diminished value, so they will try to drag it out but ultimately if you file suit in the parish district court (since $3000 is the small claims limit) they know they would be bound by the report you obtained.