Expert: Richard Hixenbaugh - 2/4/2011

Question
I was in an auto accident on 1/12/11. I sustained no personal injury but the cost to repair my automobile was $5,100.00. The car that initially hit me fled the scene after knocking me into the median strip on the shoreway. Another small truck then hit the side of my automobile. My insurance company said the car that hit the side of my automobile is not responsible since I lost control of my car after the first car hit me and then fled. My question is now that my automobile has been hit, the value of my automobile has been reduced. Can I regain some of the value under the "diminished value" law in Ohio? My automobile is a 2009 Toyota Camry. If so, how do I pursue this through my insurance company?

Answer
Hi Karen,

If your claim through your insurance company is being handled as an uninsured motorist claim, then yes you can present a claim for the diminished value of your car. If it is being paid by the collision portion of your policy then you can not. If there are witnessess who will or have stated that they saw the other vehicle flee the scene, then this should be classified as an uninsured motorist claim.

If you can pursue the claim, you should visit www.collisionclaims.com to learn more about diminished value claims.

I hope this helps
Richard Hixenbaugh