How to Make a Diminished Value Claim

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If you have been in an auto accident you may be able to make a diminished value claim for the lost value of your vehicle. The Personal Injury attorneys at the Fernandez & Hernandez know how to make a diminished value claim.
Person taking picture of car accident damage

If you have been in an auto accident you may be able to make a diminished value claim for the lost value of your vehicle. The Personal Injury attorneys at the Fernandez & Hernandez know how to make a diminished value claim.

When a vehicle has been in an accident it has an accident history or record. A crash history may reduce the value of the vehicle. The car may have problems caused by the crash.

You may be able to get the diminished value of your vehicle after an auto accident. Florida does not have uninsured motorist coverage for diminished value and you cannot submit a diminished value claim if you were the at-fault party in an accident.

Diminished value may happen in three ways:

  • Repair-related Diminished Value
  • Immediate Diminished Value
  • Inherent Diminished Value

Repair-Related Diminished Value

Repair-related diminished value is the loss of value because the repair shop was unable to perfectly repair the vehicle. In other words, because the vehicle is not perfectly repaired, the vehicle is worth less after the repairs. For example, sometimes a car frame cannot be perfectly straightened.

Immediate Diminished Value

Immediate diminished value is the difference in resale value before the damage occurred and the resale value after the damage occurred. In other words, the insurance company may only pay for cheap parts and repairs leaving the car in less than normal condition. For example, sometimes a insurance company may only pay for aftermarket parts.

Inherent Diminished Value

Inherent diminished value is the amount of resale value that has been reduced because the car has been in an accident, even if the repairs are perfect and the best parts were used. For example, if you wanted to buy a car and found two vehicles that were exactly the same, but one was in an accident, you probably would expect to pay less for the vehicle that was in the accident.

Property Damage Liability Insurance

Florida drivers must carry two types of insurance:

  • Personal Injury Protection (PIP) liability insurance; and
  • Property Damage Liability (PDL) insurance.

Personal Injury Protection (PIP)

PIP insurance pays you and your family when you are in a crash. PIP pays you for medical expenses whether or not you are at fault for the accident.

Property Damage Liability (PDL)

PDL insurance pays the other party for their property damage if you are at fault for the crash. If you are in a car accident and you are not at fault, the other party’s PDL insurance pays for your losses, including payment for the diminished value of your vehicle because it has been in a crash. You will need to prove your diminished value loss. Your attorney can work with experts to put a dollar figure on your vehicle’s diminished value.

If you were not at fault in an accident, the at-fault party or their insurance company owes you for your loss. After a car accident, you should call an experienced car accident attorney to make sure your diminished value claim is correct. Dealing with a car accident claim is complex and can be stressful. Work with a lawyer to get the best outcome. A professional vehicle appraiser can provide you with the documentation you need to get the payment you deserve. Do not let the insurance company tell you what your loss is. Hiring experienced professionals will help you to settle the claim fast.

If you have been in an auto accident and you were not at fault, you can make a diminished value claim for the lost value of your vehicle. If you need help getting paid for your loss, call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.

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cedrick wilson
cedrick wilson
15:17 05 Feb 20
I was in an accident lately and he was suggested by a friend. He met with me in person and was very punctual. He was... very calm and determined throughout my entire situation. Overall, I was extremely satisfied and impressed with Martin in reaching very positive results. I would recommend him and his office to anyone for solid advice and bottom-line results. Thank you again!read more
Tamika Jones
Tamika Jones
22:29 06 Jan 20
My experience with Martin Hernandez has been stressful not on his part. Martin has been very patient with me when I... wanted to pull every strand of hair from my head. From day one he took time to explain the process of how this was going to be but he would be there to hold my hand all the way and he did just that. His paralegal Angela walked with and held both my hands as well during all of this. When I couldn't get ahold of Martin she would make sure he got everyone of my messages. I would use his services again and recommend him to anyone. Thanks so much for all you have done and I'm forever grateful.read more
Russell Craig
Russell Craig
20:51 19 Dec 19
Very pleased with how the case was handled. I hope to never be in this position again as it was a stupid mistake but... with the help of Martin Hernandez I didn’t even have to appear in court on my own. I highly recommend using him and his team, you wont be disappointed.read more
Nicholas Nagowski
Nicholas Nagowski
22:34 14 Nov 19
Worked with Martin in Tampa, Florida. He executed on everything he promised. A well run organization. He called me... back very quickly whenever I reached out, if not answering right away. Definitely would recommend Martin to my friends and family. Thanks again for everything.read more
Mark Lenox
Mark Lenox
16:55 14 Nov 19
I was arrested for my 2nd DUI and I've reached out to Mr. Hernandez explaining my situation. He made me feel safe... through out the whole process. He helped me and extremely happy with the result. Martin knows clearly what are the best steps to take that's why I highly recommend him to anyone.read more
Kimberly McLendon
Kimberly McLendon
02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the... family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
Chuck Hermanes
Chuck Hermanes
22:21 07 Nov 19
My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of... limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
Kymii Plur
Kymii Plur
14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation... and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
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Gabbie Bell
09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly... suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
Johanna Gonzalez
Johanna Gonzalez
21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
Parker Darlan
Parker Darlan
17:27 21 Oct 19
Martin and his office were very quick to respond to our inquiry and very professional. Extremely helpful and willing to... listen to the issue and address it in a timely manner. I would certainly use him in the future.read more
Stetson Madison
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21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I... wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
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Louie Serg
15:51 13 Sep 19
My needs were met and the firm was invested in my case and me as a person. They were easily accessible, return phone... calls and emails promptly. Aggressive, when it was require and got the job done. Martin and his staff all produced the quality of an attorney and firm that anyone would want to hire.read more
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Ted Esposito
16:49 07 Sep 19
I was involved in a car accident and the first person I called was Martin. He was very understanding and made it very... easy to get the insurance claims process underway. After a year of physical therapy, my case was settled and closed. Thank you so very much!read more
Arica Schmied
Arica Schmied
18:04 20 Aug 19
Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has... helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
Noah Chase
Noah Chase
08:48 19 Aug 19
Mr. Hernandez is clearly very experienced - based on my interactions with him. I look for an attorney based on... integrity and experience. I found the integrity that I was looking for with Mr. Hernandez. I would recommend his services to anyone.read more
Fabian Prentice
Fabian Prentice
18:49 13 Aug 19
Martin is an amazing attorney and was able to get all 3 charges off my record. I knew I could count on him from the... moment I retained him as my attorney. He was quick to answer any questions I had and was very reliable. My case lasted over a year and he was always keeping contact with me the whole time. I would highly recommend him if you need a criminal defense attorney.read more
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