Legal Question in Insurance Law in South Carolina

Diminished Value Claim

I have a 2005 model vehicle with an invoice price of $25,000 that was involved in an accident and suffered over $15,000 worth of real damage. The accident was not my fault. I have been fighting with the other persons insurance company over the fact that many mistakes were made by the adjuster in the beginning which may have lead to the total loss of my vehicle. ( I have all the documentation from the repairs, body shop etc) The insurance company chose to fix the vehicle and now are trying to say the diminished value is very little. I realize the law states that I must prove the loss and I believe I have done so but they continue to balk at everything. I have even obtained third party reports that show the loss as well as quotes from the dealership concerning the value of the car pre and post. Is there any way to get the insurance company to budge? Can I sue the individual who cuased the accident?


Asked on 9/08/05, 11:02 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Diminished Value Claim

If you are that dissatisfied, then suing might be what you will need to do. However, you will need to balance the cost of suing verus the the potential gain including greif and time. You need to consult with an attorney who can better advise you once he has all the necessary information. Good luck.

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Answered on 9/08/05, 12:00 pm


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