1. Had my car rear-ended with no fault of mine which caused me to bump into the car in front of me (caused minimum damage/scratch) and they bumped into the car in front of them (caused minimum damage/scratch). State is CA.
2. Total damages are $4.5k for my car, my insurance company is sending a check minus the $750 deductible so that I can get the car repaired.
3. I want to file a claim for diminished value but my insurance will not accept that and wants me to pursue that with the at-fault's insurance directly. I will sell the car once all the dust settles down and I am sure the value will diminish due to the accident that will be reflected by the carfax report.
It is absolutely worth pursuing it. The other driver's insurance company is obligated to pay the diminished value of the car and it usually does not take too much to prove what the diminished value is. Also, be sure to get your deductible back once the other insurance company pays for damage to the car.
This response is for information only and does not create a lawyer-client relationship. Responses are general in nature, and may not apply to your specific fact situation. Without knowing all of the facts, I cannot be sure that this response is actually the best course of action for you.
You need to pursue the person that hit your car. You'll need proof of the diminishment and for that you'll have to hire an expert appraiser. There will be some in your area. If you get stuck call PDA, they do appraisals for insurance companies, but may do one for you or be able to recommend someone in your area. Good luck.
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