Expert: Richard Hixenbaugh - 3/9/2009

Question
My husband was rear ended while waiting at a red light.  This occurred in Minneapolis on 8/13/08.  Based on the unique nature of his vehicle (Land Rover Defender), we are still waiting on repairs.  The body shop that we originally took the vehicle to couldn't find the parts and Progressive (the insurer of the other party) told us we could find the parts and they'd pay as we went.  In order to get Progressive to act, we hired an independent appraiser and then attempted to file a diminished value claim.  At this point the Progressive adjustor found a body shop that got the parts.  However, we still want to receive diminished value as our adjustor discovered frame damage.  The vehicle will never again be worth what it was.  Progressive denies that there is a diminished value.  Do we have options?

Answer
Hi Cindy,

Since your husband was not at fault, he is eligable to receive compensation for the diminished value of the vehicle. You indicated that you have already hired an appraiser to do a diminished value appraisal. The proper time to complete an appraisal is when the repairs are complete. This appraiser will need to inspect the vehicle when the repairs are compelte and review the final repair documentation. The appraiser should be able to provide detailed instruction on filing and negotiating the claim as well as provide you with ongoing assistance if you run into a problem. You can not listen to anything that Progressive tries to tell you about diminished value. Their job is to find excuses not to pay you. You need to have someone that can help you cut through the bull and reach a settlement. If the appraiser you have hired is not capable of assisting you through this process you may want to request a refund if you have already paid them.

If you have not already paid someone you should visit www.collisionclaims.com for expert assistance.

I hope this helps
Richard Hixenbaugh