Expert: Bennie719 - 12/13/2008

Question
we have submitted a 3rd party claim to GWC. we are in the state of california. The adjuster handling this claim emailed me requirements to be answered by us. The one i am concerned with is, he asked us to send him case law in california of cases reguarding diminished value for which 3rd party claimants have recovered under similar circumstances. Is this required and do we have to respond to this question?

Answer
Hi Beth,
Although every insurance company in California will initially tell you no, you are entitled to diminished value following a non fault accident in California.  This is simply a ploy they use to try to get you to go away quietly.
In order to establish the amount of diminished value for your claim, you need a firm specializing in diminished value to prepare the estimates and documentation and cite case law.
You should be able to find such a firm in your home town.  If not, simply type 'diminished value' in your web browser and hit go.  This will bring up a long list of firms that you can contact.

I hope that you find this information to be of help.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area