Expert: Anne - 2/6/2008

Question
I was hit on 11/25/07 by a 18 year old. She was text messaging ran a red light and hit me. The same day as the accident I called my insurance company and filed a claim as well as filing one with hers.  It took her insurance company (Farmers) 2 weeks and 3 days to contact me regarding the claim.  By that time my car was being worked on by the body shop. I called them last week and questioned them about the diminished value claim and they told me no because I authorized my insurance company to fix the car before they looked at it.  How is it my fault that it took them 2 weeks to accept liability and finely want to look at my car.  Is there any recourse I have with them?

Answer
Hi Shannon,

That seems to be an interesting answer. We have never seem this. The bottom line is that they must put you back in the position you were before the accident. You have a duty to "mitigate" your damages. If you sit and wait, you will cause more damages than by acting.

Visit: http://www.auto-insurance-claim-advice.com/Mitigation-of-Damages.html for more information about this.

Regarding your diminished value claim, this are very hard claims to argue. As you saw, insurance companies are very "reluctant" to even hear any argument regarding. It is possible that you a way to get around this. There is a lot of footwork involved, but in your case, you might want to consider. Remember, you should always contact with an attorney.

Visit http://www.auto-insurance-claim-advice.com/diminished-value-claim.html for more information on how to document that type of claim.

I hope this helps,

Good Luck

Anne