Quote:
Originally Posted by matt fe2o3
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.
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Pretty sure you can't get awarded diminished value for a totaled vehicle anyway
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As you can clearly see, I don't live in CA, but I fail to see how simply asking about diminished value can have an adverse effect on your adjustment process? The worst answer you can get is no. I suppose if you're told no, it could be taken to court, but that would be the person's decision to pursue / escalate. Also from my understanding this is something you negotiate with the other party's insurance, not your own insurance or with an attorney.
I discussed this with Geico when I got into an accident a year ago, and it seems like we were told very different things. I just wanted to present the OP additional information that he/she may find helpful (or not). Didn't need a 'fake news' guy to come out of the woodwork.
*Edit* Here's an 'Explain Like I'm 5'
resource on diminished value that coincides with my assumptions of the process. I've never heard of someone getting awarded DV for a totaled vehicle (there's no longer a vehicle in the equation to claim on), and of course this all varies from state to state. Definitely not 'fake' though
