Expert: Richard Hixenbaugh - 12/29/2011

Question
I have a 2011 Chevy equinox that was purchased in February, 2011.  On December 17, 2011, I was involved in an accident with a Deer.  My vehicle was not totaled but estimated repairs are $6,488.  I called my insurance company to inquire about a diminished value claim form so that I can file after my vehicle is repaired if needed.  I was informed by my insurance company that they do not allow for diminished claims and it is listed in my policy in section D.

I have been told that Ohio law provides that I am entitled to the diminished claim as the accident was not my fault and it was paid under the comprehensive portion of my policy. Although it is listed in the policy, can the insurance company deny my claim if if the law provides that I can file it?

Thanks

Answer
Hi Stephanie,

Unfortunately you received some incorrect information. Anytime you are making a claim against your own insurance policy, you can not get paid for diminished value. It does not matter if it is a collision claim or a comprehensive claim. If you were in a collision with another vehicle and the other driver was at fault, then you can collect diminished value fromn that at fault person or their insurance company.

Currently the only state in the country that you can collect diminished value from your own policy is the state of Georgia.

I hope this helps
Richard Hixenbaugh