Diminished value

Diminished value, Diminution in Value, or commonly referred to as "DV" are the terms generally used to describe the economic loss in a property's value as a result of having been damaged. Diminished Value (DV) is often associated with vehicles that have been damaged, however, it is applicable to other property of value including collectibles such as jewelry, artwork, etc. For the purposes herein, reference will involve the loss in value of a damaged automobile where the term is often applied.

Unlike "depreciation", which is an anticipated and predictable loss in value over time, ‘Inherent Diminished Value’ is a loss in value due to a specific, sudden and unexpected negative occurrence. Diminished value of an automobile following an accident may occur in one of three ways (or a combination thereof):

(1) repair-related diminished value;

(2) Immediate diminished value; and

(3) inherent diminished value.

Repair-related diminished value is the loss of value due to the inability to perfectly repair the vehicle, so it is worth less after repairs than it was before the wreck. Immediate Diminished Value – The difference in resale value of a vehicle immediately before damage has occurred and immediately after damage has occurred (prior to repair). As courts are rarely the chosen venue for recovery of property damage, the standard of "Immediate Diminished Value" is rarely employed in resolving Property Damage claims. This also refers to a loss of value caused by the insurer's direct involvement in the claim adjustment in which the insurer exerts control over the repairs and repairs are incomplete, insufficiently performed, or otherwise restore the vehicle to less than the standard condition.

Inherent Diminished Value - Assumes optimal repair quality has been achieved and is defined as the amount by which the resale value of a repaired vehicle has been reduced simply because the subject vehicle now has a significant damage history. This is the most widely recognized and accepted form of Diminished Value. It is also the basis upon which any supplemental form of Diminished Value would be added. A common "Supplemental" form of Diminished Value is "Repair Related Diminished Value".

Usually, a frame or structurally damaged vehicle cannot be re-sold as a "certified pre-owned vehicle."

The true measure of a damaged vehicle's inherent loss in value can be measured as the difference in the value of the vehicle before the loss to that after the loss, prior to or after repair. The standard rule as to establishing a value on late model vehicles would be: 20-25% behind book (Black Book, KBB, NADA) and utilize actual sales results, and not on advertised prices.

While some may claim Diminished Value (DV) is subjective and based upon perception or speculation, the old adage "perception becomes reality' applies and as such Diminution in Value is real simply because, for the most part, no reasonable and prudent person is willing to pay the same price for a vehicle with a history of damage as they would for one never having been damaged. Retailers often offer discounts for scratches and dents on appliances, electronics and dented canned goods; it is, therefore, reasonable that the value of a damaged motor vehicle will suffer a lessening in value.^[1]

Additional factors may be taken into consideration in evaluating the loss in value of a damaged and repaired vehicle and may include, but not be limited to: the vehicle itself (i.e. rare collectible, originality, market desirability etc.), the vehicle’s pre-loss condition, severity of the sustained damages (i.e. frame damage, flood, fire etc.), the subject vehicle’s history (i.e. one owner, prior damage/repair, death of occupants etc.), quality and thoroughness of the performed repairs, (i.e. quality of parts, materials, workmanship, etc.) and additional value considerations including, but not limited to values associated with pre-owned certification programs.etc.

Auto insurance companies may not readily recognize or offer to pay for diminished value. Each state may have differing opinions of DV. Example; The state of Georgia allows the insured party (the first-party Policyholder) to make a claim for their remaining economic loss for DV from their own insurance company while the neighboring state of Florida does not. Most states, however, allow the victim of another's negligence (third-party) to make a DV claim from the at-fault party.

The length of time to collect Diminished Value will vary depending upon each state's statute of limitations for first party (contractual) claims and third-party (restatement of tort) claims.

Diminished Value Appraisal

A diminished value appraisal evaluates the difference in value of a motor vehicle after a collision repair. Reports are usually compiled by an Auto Appraisal Expert experienced in the field of DV and who may provide expert testimony for Appraisals, Arbitration, Mediation or Litigation in a court of law. This Assessment report is used when filing or disputing a diminished value claim against another party and/or an insurance company. The report measures a damaged vehicle’s inherent loss in value. The diminished value can be measured as the difference in the value of the vehicle before the loss to that after the loss, prior to or after repair. In most cases even if the repair was done expertly, the value of the automobile will still be considerably less after a loss. When consumers find that a vehicle has been in an accident, most consumers will never pay the same price for a repaired vehicle as compared to one with no loss history.

Some reports include an assessment of the damage done to a motor vehicle, the quality of the performed repair, the market value of the vehicle before and after the accident. There are no set rules for measuring diminished value, and since every vehicle loses value differently, a one size fits all formula would be fundamentally inaccurate.

Regional

Recognition of concept of diminished value varies from country to country

United States

Some states' statutes acknowledge diminished value and provide the ability for consumers to collect first party claims of DV from their own insurance companies under their own policies. Most states allow the consumer to collect third party claims from the at-fault driver's insurance company. Some states recognize liability for third party claims but not first party claims.^[2]

Georgia

In Georgia, vehicle owners can collect DV against their own policy.

Florida

Diminished Value Case Law in Florida is based primarily on two cases.

Siegle vs. Progressive Consumer's Insurance Company, 819 So.2d 732 (Florida 2002).

The ability to receive diminished value financial compensation from an at-fault driver for their negligence was decided by the Florida Supreme Court in the Siegle vs. Progressive Consumer's Insurance Company case.

McHale vs. Farm Bureau Mutual Insurance Co. 409 So.2d 238 (1982)

The Florida Third District Court of Appeal, upheld that the correct measure of damages is the cost of repair plus any reduction in the value of the vehicle. The Court also directed that proving the reduction in value is the burden of the Plaintiff bringing the claim.

Washington

On July 15, 2014, a policyholder in Washington state filed a proposed class action lawsuit in the Superior Court of Pierce County seeking diminished value insurance benefits under their automobile insurance policies. The insurance company filed a notice to remove the lawsuit to federal district court on August 20, 2014. The case is titled Johnston v. United Services Automobile Ass'n.

Canada

The ability to recover damages for accelerated depreciation varies from Province to Province.

In British Columbia, law recognizes this loss as a recoverable damage and quantify the claim based on the diminished value at the time the collision occurs.^[3]

The Rules addressing the admissibility of depreciation reports in court vary by jurisdiction. For example, in British Columbia, Canada, the BC Supreme Court requires such reports to comply with Rule 11.

References

↑ "Diminished Value - General Auto Check LLC". General Auto Check LLC. Retrieved 2016-04-30.
↑ http://www.mwl-law.com/wp-content/uploads/2013/03/diminution-of-value-in-all-50-states.pdf
↑ Rule 11-2 BC Supreme Court

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