2008 car, hit a deer, $7000+ damages. Still not repaired after 2months, returned x2 for aleaking radiator. Can I file a diminished value claim too?

This is my own insurance. There has been no mention of diminished value by the adjustor. The repair shop may have made a mistake with the radiator, which is why it has been back x2. Those repairs have not been submitted to insurance. This happened in April 09. I’m thinking of trading it in as I’m not sure it will ever be right, but know I will not get what the car would have been worth prior to the accident.

Asked on June 17, 2009 under Accident Law, Kentucky

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you made a claim with your own insurance company for collision repairs, it should be repaired.  If the body shop or mechanic did not do the job correctly, or completely, you need to contact the insurance company and let them know that the repair has not been completed and there will be further charges.  They will want proof of the damages that either were not originally submitted or that need to be submitted in addition to what was offered before.  Have the repair shop document what was done before, what is being done now and why.  Then submite it to the adjuster and ask for the additional money.  As far as I know, there is no reimbursement on the typical personal auto policy for a claim of diminished value.


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