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Understanding Diminished Value Claims After a Vehicle Accident

If your car was recently repaired after an accident due to another person’s fault, there’s a good chance it’s still costing you money, even with a flawless repair job. In South Carolina, a vehicle with an accident on its history report is simply worth less to buyers and dealers than an identical car with a clean title. Thankfully, state law recognizes your right to recover that loss and can make up the difference through a diminished value claim. At The Law Office of Mark C. Tanenbaum, P.A., our Charleston car accident lawyers are here to help you understand what your claim is worth and to fight back if the insurance company lowballs you.

What is a Diminished Value Claim?

A vehicle’s diminished value describes the loss in a car’s resale value following an accident. Since an accident can reduce your car’s trade-in or resale value, you will have less money when purchasing a new vehicle. A diminished value claim can allow you to pursue compensation to fill in the gap. When a negligent driver hits your vehicle, you may pursue a diminished value claim against them and their insurer.

A diminished value claim doesn’t make sense for all vehicles, but it is usually recommended with newer vehicles with moderate-to-severe damage. In South Carolina, a diminished value claim will be filed through the at-fault driver’s property damage liability insurance, with a statutory minimum of $25,000. You can file against the at-fault driver’s coverage for both repair costs and diminished value.

How Diminished Value is Calculated

Insurers often use some version of the 17c formula, which:

The formula is controversial, with many appraisers and courts considering it to lowball claimants, so independent appraisals often come back higher. Leased or financed vehicles can complicate matters, so it is critical that you speak with our Charleston car accident attorneys if this pertains to you.

Filing a Diminished Value Claim in Charleston, SC

The following steps should be taken in pursuing a diminished value claim:

Reach Out to Our Charleston Car Accident Attorneys At Your Earliest Opportunity

If you have been involved in an accident that was not your fault, don’t leave money on the table. You may be entitled to thousands of dollars in diminished value compensation, separate from your repair costs. Understanding diminished value calculations will allow you to understand what your claim is worth and protect your rights. At The Law Office of Mark C. Tanenbaum, P.A., our legal professionals can review valuation reports and negotiate directly with insurers to help you secure fair compensation. To schedule your free consultation with one of our Charleston car accident lawyers, contact us online or by calling (843) 577-5100 today.