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ATT truck hit my financed vehicle, diminished value?

Discussion in 'Auto Accidents, Injuries' started by Kennykeane23, Jun 25, 2019.

  1. Kennykeane23

    Kennykeane23 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    So a F-450 bucket truck backed into the passenger side of my parked Sierra 2500 Denali.
    They have old republic as “insurance” but when I called them and told them I want to file a diminished value claim they told me I cannot file that because the truck is financed.
    I find this to be strange, is this true?
    I was also told that old republic is not a “insurance company” but a business holding.

    It’s a 58k truck in perfect condition prior to this...should be entitled to some compensation, no?
     
  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    If you don't like what an insurance company is offering you sue the insured.
     
  3. Kennykeane23

    Kennykeane23 Law Topic Starter New Member

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    I don’t want to take from his plate. I want ATT money.. 17c has my diminished value around $2800.00
     
  4. army judge

    army judge Super Moderator

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    Then as suggested, your only option is to sue someone.

    I suggest you discuss this in person with three local attorneys.

    You'll learn all you need to know if what you "want" is possible or impossible.

    Before you get too far out over your skis, you might wish to read the information about your state's "no fault auto insurance" laws:

    Florida is a No-Fault State. What Does That Mean for You?

    What Does Florida's No Fault Auto Insurance Really Mean? | Personal Injury Attorneys Schwed, Adams & McGinley

    Here Is What to Know About Florida's No-Fault Insurance Laws



    The “no-fault” law in Florida means that, in the event of a car accident, both parties turn to their auto insurance policies to make claims, regardless of who was at fault. To cover this, all Florida drivers must have Personal Injury Protection (PIP) insurance included in their car insurance policy.

    No-fault laws are supposed to make it easier for those injured in a car accident to seek medical treatment.

    However, there are some restrictions.

    For example, PIP insurance has a limit on medical expenses; it will only pay up to a certain amount.

    If your injuries are serious enough that they meet the law’s “injury threshold,” or exceed your PIP coverage, then you may choose to a file a lawsuit against the other driver.

    I am reminded of a “WEIRD AL” YANKOVIC song, "Eat It"




    Good luck.
     
    Zigner likes this.
  5. mightymoose

    mightymoose Moderator

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    That is crap. Remember that if it is not in writing it was never said.
    Your claim, along with documentation supporting your diminished value calculation, should be presented in writing to the insurance company, and your reply from them should also be in writing.
    I bet you don't get that same response on company letterhead.
     
  6. Kennykeane23

    Kennykeane23 Law Topic Starter New Member

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    How do I go about this? I can easily find out my 17c but do I just put it on a piece of paper and mail it?
     
  7. Kennykeane23

    Kennykeane23 Law Topic Starter New Member

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    I was not injured the vehicle was parked!
     
  8. Zigner

    Zigner Well-Known Member

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    From what I've read, you should avoid using the 17c formula.
     
  9. army judge

    army judge Super Moderator

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    When a vehicle has been in a car accident, it has a blot on its record. You might expect the car to have future problems it may not have if it hadn’t been in a crash. The questions and uncertainty that come with a crash history reduce the overall market value of the vehicle.

    After a car accident, you will want to work with an experienced car accident attorney to ensure your diminished value claim is compiled correctly. This careful preparation of your claim will ensure you can get the most compensation possible. Here’s what you should know about making a diminished value claim in Florida.

    What is Diminished Value?
    Diminished value is the inherent reduction in a vehicle’s value because the vehicle has been in a crash. Even if you repair the vehicle as good as new, the vehicle isn’t worth as much as it was worth a second before the collision occurred. The difference in value before and after an accident is your vehicle’s diminished value.

    How Do I Make a Diminished Value Claim in Florida?
    If your vehicle gets damaged in a car accident in Florida, your vehicle’s diminished value is a genuine loss. If the other driver is at fault for the crash, you can make a claim to their insurance company to pay you for the difference in your vehicle’s inherent value before and after the accident. You can ask their insurance company to compensate you up to the original market value of your vehicle before the crash.


    How to Make a Diminished Value Claim in Florida | Jack Bernstein, Injury Attorneys


    Compensation for Diminished Value in a Florida Car Accident Claim


    Diminished Value Property Damage Car Accident Claim Lawyer In Florida | Anidjar & Levine
     
  10. mightymoose

    mightymoose Moderator

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    It may be that simple, so long as it references a claim number they can associate it with. Call them and ask where to send documents regarding the claim.
    It would be better if your letter referenced Florida laws that allow for you to make this claim (which make no exception for financed vehicles). Your own insurance company might do this for you, or you can hire an attorney to assist you- but your could do it on your own and see what response you get before hiring help.
     
    Kennykeane23 likes this.
  11. Kennykeane23

    Kennykeane23 Law Topic Starter New Member

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    I’ll call my insurance and see if they can possibly do something. I’ll use the same case number I have now. Thanks for your ideas
     
  12. zddoodah

    zddoodah Well-Known Member

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    What does "file a diminished value claim" mean? You can ask for/demand whatever damages you want, and no one can prevent you from doing that, and it is completely irrelevant to your ability to do that whether your vehicle is or isn't financed.

    Told by whom? What does "a business holding" mean?

    Of course you're entitled to compensation. You're entitled to the cost of repairing your vehicle. As far as "diminished value," it does appear that Florida allows for that sort of fictional damages. If the other party's insurer won't pay anything for that, then you can make a claim against your own uninsured/underinsured property coverage (which most folks don't have) or you can sue the other driver.

    Huh?
     
  13. Zigner

    Zigner Well-Known Member

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    The OP doesn't want to hurt the driver, he wants to hurt ATT.
     
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  14. flyingron

    flyingron Active Member

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    ATT's insurer will likely defend both ATT and the employee if sued. ATT didn't hit your car. Their insurer didn't hit your car. Sue the person who did.
     
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  15. PayrollHRGuy

    PayrollHRGuy Active Member

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    AT&T would be the insured party.
     
  16. zddoodah

    zddoodah Well-Known Member

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    If the other driver was in the course and scope of his employment at the time of the accident, then the driver is liable and the employer is vicarious liable and, if a lawsuit is to be filed, the only sensible thing would be to sue both. The employer's insurer will pick up the defense of both the employee-driver and the employer.
     
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  17. adjusterjack

    adjusterjack Super Moderator

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    They won't.

    1 - There is no diminished value payable under your own policy.

    2 - They have no obligation to represent you in a claim against another driver.

    You are on your own with a diminished value claim against the other driver.
     
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  18. Zigner

    Zigner Well-Known Member

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    To tie up one loose end: AT&T is self-insured. The folks you are dealing with are not the "insurance company", they are simply the administrator of the self-insurance for AT&T.
     
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