Legal Question in Personal Injury in Florida

I'm looking for Florida Statutes that reference Diminished Value for auto claims. A third party Insurer I'm dealing with claims that their Property Damage does not pay for DV as it's not a physical damage.


Asked on 2/19/15, 5:58 pm

2 Answers from Attorneys
David Burns David H. Burns, P. A.

I am not aware of any Florida Statute directly on point. Entitlement to diminished value from the third-party af-fault is established in Florida caselaw. See, e.g., Siegle v. Progressive, 819 So. 2nd 732 (Fla. Sup. Ct. , 2002).

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Answered on 2/20/15, 7:50 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

It is not a statutory issue. It is a contractual obligation. Mr. Burns give you the authority that you should provide to the adjuster. Remember you will need expert testimony on the diminished value of the car.

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Answered on 2/20/15, 11:30 am


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