How Should I Proceed?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 4, 2011

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Insurance Question from Pinedale, WY

Asked on 11/04/2011

How Should I Proceed? I was helping the guy that is moving our house, when he backed his backhoe into my car. His insurance which is a Commercial General Liability Policy says that they just want to cut me a check for the damages,( which are around $7,300.00) and the rental car,(which is about $1,000.00). But what concerns me is that although yes it does cover my car being fixed it doesn't cover the depreciation value of my car. So I guess my real question is how should i proceed with negotiating that amount into my settlement or is that something that I'm just stuck with?

Answer given on November 07, 2011

The reduction is your car’s value is otherwise known as diminishing value.  Read our article on diminishing value in order to get some tips on how to proceed.  This article outlines how you should argue your case with the insurance company.  There is also a link provided in the article if you feel you need to talk with an attorney. 

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

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