The Shoulder
The Shoulder
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Property damagesilent-newt-827

Hit twice in 4 months, both not my fault — can I still claim diminished value on the second one?

This has been such a frustrating few months. I bought a brand new SUV back in the spring — had maybe 3,000 miles on it when someone ran a red light and clipped my rear quarter panel. Insurance sorted it out, repairs were done with OEM parts, everything looked good. I filed a diminished value claim on that one and it went through okay.

Then six weeks later — SIX WEEKS — some guy rear-ends me on the highway. Now my car has two accidents on its Carfax before it even has 10,000 miles on it.

Here's where I'm confused: the second at-fault driver's insurance is dragging their feet and I'm trying to figure out if I can still pursue a DV claim for this second accident. My worry is that because there's already one accident on record, they're going to lowball me or say the car's value was already diminished from the first hit.

Some specific questions I'm hoping people here have dealt with:

  • Does having a prior accident on record hurt your DV claim for a second accident?
  • Should I get an independent appraisal done before I talk to their adjuster at all?
  • Is there any argument that the compounding effect of two accidents actually makes the DV worse and I should be compensated more?

I've seen some people mention hiring a DV appraiser vs. going straight to an attorney. Not sure which way to go first.

Anybody dealt with back-to-back accidents and tried to recover DV on both? Really could use some real-world perspective here. Thanks in advance.

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10 replies

  • 20
    humble-seal-235

    I went through something almost identical — two not-at-fault accidents within a few months on a car I'd barely broken in. The second insurer absolutely tried to use the first accident against me, saying my car was 'already diminished.' What actually helped me was getting an independent appraisal from a certified DV appraiser before I said anything to the adjuster. That report gave me real numbers to push back with instead of just arguing in circles.

  • 6
    silent-tern-893

    Do NOT let the second driver's insurance adjuster order their own DV appraisal and then present it to you like it's gospel. They use appraisers who are incentivized to produce low numbers. Get your own independent appraiser first — someone who charges a flat fee, not a percentage — so you have your own baseline. Adjusters are counting on you not knowing this.

    • 22
      bright-badger-603

      I used to work claims and honestly, two accidents on a newer vehicle is a significant DV situation. Here's the thing people don't realize: the compounding stigma of two accidents on a low-mileage car can actually make the total diminished value greater than the sum of two separate claims, because buyers react very negatively to seeing multiple incidents on a vehicle history report. A good appraiser will argue exactly that. The insurer for the second accident will likely try to offset their liability by pointing to the prior damage, but if the first claim was fully resolved, they don't have as clean a leg to stand on as they think.

  • 26
    spry-swan-565

    A few practical things worth knowing: DV claims are filed against the at-fault party's liability coverage, not your own insurance. For the second accident, that means you're dealing with the other driver's carrier, and they are not on your side. Document everything — photos, the repair estimates, the Carfax showing both incidents. If you can, get the first accident's DV settlement in writing so you can show it was a separate, closed matter. That paper trail matters a lot if this escalates.

    Also, some states have specific rules about how DV is calculated or whether it's even clearly recognized, so it's worth a quick consult with a PI attorney in your state just to understand your footing. Not telling you to sue — just know your rights.

    • 8
      patient-kestrel-693

      Just want to check in — were you physically okay in both accidents? Sometimes the adrenaline masks things and people focus so hard on the car stuff that they forget to get themselves checked out. Soft tissue stuff especially can show up days later. Hope you're doing alright.

  • 11
    kind-newt-706

    Not legal advice, but I'll say this: the fact that the first accident was fully resolved does not automatically mean the second insurer gets a free pass to ignore the prior hit. There are apportionment arguments on both sides. What typically matters is whether the first repair genuinely restored the vehicle and whether the DV from that first event was compensated. A PI attorney who handles DV cases can often consult for free and tell you pretty quickly whether you have a viable claim worth pursuing. Might be worth one call before you negotiate anything.

  • 14
    warm-beaver-122

    Step one: stop talking to the second adjuster until you have an independent DV appraisal in hand. Step two: get that appraisal. Step three: submit it in writing and let them respond. Everything in writing, always. Don't negotiate over the phone.

  • 20
    sharp-otter-036

    Quick question — did you actually receive a DV payout on the first accident, or did you just file the claim? And was the first accident fully closed and settled? That distinction matters a lot for how the second insurer is going to respond. If the first DV was never actually resolved, this gets more complicated.

    • 7
      steady-driver978

      This is really helpful — thank you for posting it.

  • 11
    curious-otter-500

    The good news is you have documentation for both accidents and both were clearly not your fault. That actually puts you in a stronger position than a lot of people who are fighting over fault and damages at the same time. You have a clean record and two clear paper trails. That's a real foundation to work from — don't let the insurers make you feel like you're asking for something unreasonable here.