Quote:
Originally Posted by harrist5683
OP: Since it seems that California is a Diminished Value state, I would talk to your insurance adjuster and see if your circumstance qualifies. Now that your new car has an accident associated with it, it will be significantly devalued if you ever decide to trade it in / private sell it. Some would say that you have cause to pocket additional cash.
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With respects and no offense, that is - Fake news.
While California does not expressly prohibit diminished value however that type of award is almost never given. The calculation for diminished value in California is not what the perception of loss of value is - but rather a factoring of the value of the repair.
You can look up the case histories and the California Appeals Court rulings and see for yourself.
I had two fairly new cars totaled this year - one my wife's 4Runner vs a tree
, the other a guy hung a high speed left into my brand new Outback - at least in the second there was no at fault -but it was a weeks old car with 1000 miles on it...
When the 4Runner got totaled I looked heavily into diminished value as the damage was exceptional for not having airbags deploy and as a high value car my insurance wanted to fix it with their preferred shop.
I found out pretty quick that diminished value is not something California lends itself to and in fact you can really screw yourself in the adjusting process by demanding it - like I said - search and research is your friend.
I'm not an attorney and some of the slimeball attorneys will claim you can get it - the reality is attorneys take on personal injury, seldom automobile property damage.
