The Shoulder
The Shoulder
50
Insurancecool-swan-780

Other driver's insurance is covering repairs but what about my car being worth less now?

So I got hit a few weeks ago — totally not my fault, other driver ran a red light and smashed into my passenger side. Their insurance has been surprisingly cooperative so far. Rental is covered, body shop is already working on my car, and they said they'll handle my medical copays once I'm done with treatment.

But here's what's been eating at me: my car is basically brand new. Low miles, perfect history, I babied that thing. The repair estimate came in pretty high and apparently some of the damage involved the frame. That means when I go to sell or trade it in someday, any dealer or private buyer who pulls a vehicle history report is going to see a major structural repair and lowball me.

I brought this up with the adjuster and she kind of brushed past it — just said 'we cover the cost to repair your vehicle back to its pre-loss condition.' Okay sure, but that doesn't make it worth the same on the open market anymore.

I've heard the term diminished value thrown around but I genuinely don't know:

  • Is this something I can actually claim against the at-fault driver's insurance?
  • Do I need to get an independent appraisal, or do they calculate it?
  • Is there a formula or is it totally subjective?
  • Should I wait until the repairs are done to bring it up, or push now?

I don't want to blow up what's otherwise been a smooth process, but I also don't want to leave money on the table. Any experience with this would be really helpful.

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10 replies

  • 21
    bright-seal-564

    Yes, diminished value is absolutely a real thing and you can claim it. I went through almost the exact same situation — frame damage on a car I'd owned less than two years. I had no idea I could even ask for it until someone on a forum like this told me. I ended up getting an independent appraisal from an automotive appraiser (not the body shop, not the insurance company's guy) and submitted it as my demand. The insurer pushed back but eventually paid a chunk of it. Don't let them convince you it doesn't exist.

  • 19
    clever-wolf-348

    Not legal advice, but — diminished value claims against a third-party insurer (the at-fault driver's coverage) are generally more viable than trying to claim it against your own insurer. The legal theory is straightforward: the at-fault party is responsible for making you whole, and a car with a structural repair history is objectively worth less on the market. Whether you need legal help depends on how much money is at stake and how resistant the insurer gets. Worth at least a free consult with a PI attorney before you sign any releases.

    • 0
      careful-walker735

      Seconding this. The same approach worked for me last year.

  • 18
    calm-otter-484

    Former adjuster here. Diminished value claims are real and insurers do pay them, but they almost never volunteer it. You have to formally claim it. Most companies use something called the 17c formula internally, but honestly that formula tends to dramatically undervalue the loss — it was designed to be insurer-friendly. If your car is relatively new with low miles and had structural damage, a third-party appraiser who specializes in DV claims will almost certainly come up with a higher number than whatever the insurer offers. Get your own appraisal before you accept anything.

    • 20
      steady-newt-502

      Don't sign anything releasing claims until you've sorted out the DV question. Once you sign a release, that's usually it — you can't come back later. Keep every piece of paperwork from the repair and get at least one independent DV appraisal so you have a real number to negotiate from.

    • 12
      tidy-fox-783

      The good news is you're asking this question before settling, which puts you in a much better position than a lot of people who find out about DV after they've already closed the claim. You've got time to do this right.

  • 12
    spry-bison-122

    A few practical things: first, wait until the repairs are fully completed before formally submitting a DV claim — you need the final repair documentation to support it. Second, request a complete copy of the repair order from the body shop, including any and all parts replaced and labor notes about structural work. That paper trail is what an appraiser will use. Third, some states have specific rules about how DV is handled, so it's worth doing a quick search for your state's rules or asking someone who knows. Not saying you need an attorney, but a free consult wouldn't hurt either.

  • 12
    swift-lynx-943

    How new is 'basically brand new' exactly? And do you know yet whether the structural repair shows up as a specific flag on the vehicle history or just as a collision claim? I ask because DV is real but the actual dollar impact varies a lot depending on the car's age, mileage, and how the damage is categorized. Worth knowing what you're actually working with before you spend money on an appraisal.

  • 9
    patient-hare-868

    That 'we restore it to pre-loss condition' line is such a classic deflection. They're technically talking about physical condition, not market value. Those are two completely different things and they know it. Don't let them conflate the two. An adjuster's job is to close claims for as little as possible — that's not cynicism, that's just the incentive structure they work in.

    • 9
      kind-neighbor794

      That lines up with what my adjuster told me too.