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Auto Insurance Claims/diminished value of vehicle from an auto accident (caused by drunk driver)

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Expert: - 1/23/2009


Question
My husband stopped to help a motorist a few nights ago. He pulled in front of his vehicle, got out of his car and within seconds, the other vehicle was rammed into by a driver whom we found out ended up being arrested for OVI. (DUI). Our vehicle was brand new. We had owned it no more than 2 weeks. The driver's insurance company informed us that they will be fixing our vehicle. As we know, now our car will forever be labeled as wrecked and not be the same as the second before it was hit.  We have been told that we have no rights to file a diminished value claim in the state of Ohio. We feel that we have a right to replace our car with a new one. Any advice of how to proceed or where to find out our rights?

Answer
Hi Cathy,

Here is a thought. I do not know if it will work for you, but it is worth a try.

If you have Allstate or one of the companies that has "New car replacement", you might run it through your company. Let them subrogate against the other insurance company.

I do not know how it works in Ohio, but in Wisconsin, no matter what I would get dinged on a personal property claim in your situation except for when I am rear ended. In other words, whether it was my fault or not, I am still listed in being involved in an accident.

You might as well get the biggest bang for your buck and see if your company will replace your car.

Good Luck,

Rob

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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