Uncovered Diminished Value Auto Accident Losses (Lost Resale Value!)
Were you in a car accident within the last 5 years with an uninsured or underinsured driver that was not your fault?
Did your auto insurance provider fail to cover “diminished value” losses after your car accident?
If so, you may be due hundreds or even thousands in lost resale value.
A Washington judge has agreed to a class action settlement of $10 million against Allstate after policyholders complained that the insurance company failed to cover all losses incurred after an accident.
Plaintiffs in the Allstate lawsuit claimed that their damaged cars suffered “diminished value” losses after being repaired post-accident with an uninsured motorist, which Allstate has failed to pay.
The proposed settlement against Allstate is expected to cover over 14,000 claims filed in the state of Washington at an average payment of $500 per vehicle.
Your insurance company may owe you hundreds or even thousands of dollars in the diminished value of your vehicle if you were not at fault in an accident with an uninsured motorist.
What Can I Do?
You may be able to join this Diminished Value Losses class action investigation if the following apply to you:
- Your vehicle was involved in an automobile accident with an uninsured or underinsured motorist within the last 5 years;
- Your vehicle was NOT totaled;
- After repairs, your vehicle’s market value was reduced; and
- You were not paid out for diminished value losses
This investigation is open nationwide to policyholders of any auto insurance company, not just Allstate.
If you believe you were not paid for the diminished value by your insurance company after your car accident and repair, fill out our contact us form and the attorneys from Shamis & Gentile, P.A. will provide a free case review!
What is Diminished Value?
After a car accident, the market value of your car decreases, even if it’s restored to perfect condition. Diminished value refers to the difference in your car’s market value before and after the accident.
If you or the other driver in the accident have auto insurance to cover your vehicle, then the insurance will cover the cost to restore your car back to its condition prior to loss.
However, a car involved in a wreck automatically decreases in worth, which means the owner is potentially able to file a diminished value claim to recoup some of the lost value.
Three Types of Claims That Are Considered Diminished Value
- Repair-related diminished value is the lost value that is resulting specifically from the quality of repairs. If repairs were made, but were improper, incomplete, or poor quality, then a vehicle’s value can depreciate. This value is generally determined by the overall quality of the vehicle’s repairs. Specifically, a repair-related diminished value is something that happens after an initial accident. During the repairs, if the vehicle now has mismatched paint colors or now consists of aftermarket parts, then the quality of the repair left a definable loss in value on the vehicle.
- Inherent diminished value occurs when the vehicle has been repaired following an accident to its original condition; however, the fact itself that the vehicle that has been in an accident can decrease its value. Inherent diminished value is widely recognized and is the most accepted form of valuation. This type of diminished value can be paired with other claims as well, especially additional forms of diminished value. An inherent diminished value claim makes the argument that a person should be compensated for the difference between what the value of the car presently is versus what the value would have been if the accident had not occurred.
- Immediate diminished value is the difference in the resale or trade-in value of the car from before the accident to after the accident when repairs have been done. Like with inherent diminished value, the fact that there was an accident at all leads directly to the question of differential resale value. Considering the totality of diminished value claims, it might be beneficial to you to speak with an attorney after an accident for a diminished value lawsuit.
Recent Diminished Value Class Action Settlement
A Washington federal judge preliminarily approved a $10 million class action settlement from drivers accusing Allstate Fire & Casualty Insurance Co. of not covering all of the losses they incurred under its uninsured motorist policy.
According to the suit, the company and its various entities in the state did not cover “diminished value” losses when a car was repaired after an accident with an uninsured motorist.
“The proposed settlement here provides an excellent resolution to this now over five-year-old litigation, warranting preliminary approval and submission to the class for its consideration,” the drivers said in the proposed settlement. “It would resolve this matter, providing an end to hard-fought litigation that has consumed considerable time of the court and the parties’ counsel.”
“Plaintiffs allege that when certain automobiles, those within the proposed class, sustain damage to their structural systems and bodies, they cannot be repaired to their pre-accident condition, and are as a result tangibly different than they were pre-accident.” the drivers said in the complaint. “This causes the vehicles to suffer a loss in value called diminished value at the time of the accident.”
The complaint added that the uninsured motorist portion of Allstate’s policies in Washington did not include a diminished value exclusion, but the company excluded it anyway and “continued with its practice of failing to disclose the loss or coverage, and failing to adjust losses to consider and include payment for diminished value in settling first-party UIM claims.”
Diminished Value Auto Claims Class Action Investigation
Did your insurance company fail to pay for the diminished value?
Join This Diminished Value 1st Party-Claim Lawsuit
Policyholders of any auto insurance company may be able to join this lawsuit investigation if you meet the following criteria:
- Your vehicle was involved in an automobile accident with an uninsured or underinsured motorist within the last 5 years;
- Your vehicle was NOT totaled;
- After repairs, your vehicle’s market value was reduced; and
- You were not paid out for diminished value losses
If you were not paid for the diminished value of your repaired vehicle in an accident with an uninsured motorist that was not your fault, you may qualify to join a FREE Diminished Value Claim class action lawsuit investigation and be eligible for possible compensation.
Shamis & Gentile, P.A. is investigating insurance companies failure to pay diminished value for auto insurance policy holders. If you were not paid for the diminished value of your repaired vehicle in an accident with an uninsured motorist that was not your fault, fill out our contact us form on this page and the attorneys from Shamis & Gentile, P.A. will provide a free case review!