Short changed on car's diminished value claim with insurance company following accident.

Asked over 4 years ago - Mechanicsville, VA

Had an independent appraiser say I get $1187.00. The insurance company of the person who hit me said I'll get $741 -- difference is about $446.

What are my options? Do I have to take time off work and appear in court? Will that be feasible or should I file this under "life stinks" and accept the $741?

Additional information

Also, I wanted to add the independent guy that I hired to do the appraisal said "there is no objective formula for the diminished value".

That being said...is it possible to accept the $741 from the other person's insurance company, and then come back later and say "I decided you still owe me $446?" and still have a leg to stand on to get the short changed money?

Attorney answers (2)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . First try supporting your argument with the adjusters with your independent appraisal report, some internet value reports (kbb.com, edmunds.com, cars.com, etc.). Then decide whether to put this issue into suit. If you are already suing for an injury suffered in the collision, then you may (I don't know VA law on this issue) be able to include the property damage claim as well.

  2. Allen Jin Kim

    Contributor Level 8

    Answered . If you accept the $741.00, the insurance company, along with your check, will have you sign a release of claims to return to them. The release will provide that by you accepting the $741.00, you cannot make a claim against the insurance company on this claim forever. If you don't sign the release, you can't cash / accept the check. So you're idea of collecting the $741.00 first and the collecting the remainding money later, is not possible.

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