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Diminished Value claim in Washington:
In the state of Washington, if you are in a wreck and the accident was not your fault you are entitled to file a claim for diminished value. The following cases are pertinent to the State of Washington and Diminished Value:
In Heaphy v. State Farm Mutual Automobile Insurance Company, 72 P.3d 220, 117 Wash. App. 438 (Wash.App.Div.2 07/01/2003) the Court of Appeal was required to accept "diminished value" as a basis its decision because defendant State Farm admitted it owed diminished value for the purpose of avoiding class action certification and to compel arbitration. The case stands for methods to determine diminished value or full indemnity.
Although not an automobile case the Washington Supreme Court in Certification From United States District Court for Western District of Washington v. Aetna Casualty and Surety Co., 113 Wash. 2d 869, 784 P.2d 507 (Wa. 01/04/1990), in the dissent on subjects not involving diminution, added dicta the general rule that “damages for injury to property are measured in terms of the amount necessary to compensate for the injury to the property interest. D. Dobbs 5.1, at 311. Therefore, damages for injury to property are limited under Washington law to the lesser of diminution in value of the property or the cost to restore or replace the property."
In
Thompson v. King Feed & Nutrition Service, Inc., 105 P.3d 378, 153 Wash.2d 447 (Wash. 01/20/2005) the Washington Supreme Court allowed recovery of diminished value of a structure. In so finding the court said:
"The owner is entitled to recover the entire cost of restoring a damaged building to its former condition unless such cost exceeds its diminution in value as the result of the injury, in which event the recovery must be limited to the amount of such diminution. Under this rule the court should receive evidence both as to the cost of restoring the building and as to the amount of its diminished value, and then adopt as the measure of damages the lesser of the two amounts."
In Kurtis R. v. Sto Industries, Inc., 132 P.3d 115, 156 Wash.2d 677 (Wash. 04/06/2006) the Washington Supreme Court recognized that where the damage to real property is permanent, a plaintiff is entitled to recover, not only for the costs of restoration and repair, but also for the property's diminished value.
In order to recover the losses you must have a diminished value appraisal completed by a Professional Automobile Appraisal Company, such as Appraisal Group of America. Also, if the other party does not have insurance and you carry uninsured/ underinsured motorist coverage you may be able to claim diminished value under your policy. Appraisal Group of America can help the Washington Consumer in many ways. Call 877-655-1661 so Appraisal Group of America can help you recover your losses today. Also, the statue of limitations for filing a diminished value claim in Washington is 3 years from the date of loss.
References and Certificates Available upon request
Washington Diminished Value Examples
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Subject: Diminished Value outcome
Dear Terry and Monica,
Thank you very much for your assistance with my diminished value claim on my
2006 Harley Davidson FLSTN. Stare Farm Insurance Company paid the full
ammount of $7,431 with very little hesitation due greatly to the accuracy of
your report and the integretity of your business. I hope that I never have a
need for this service again but if the occasion should arise I will not
hesitate to ask for your help!
May God Richly Bless You and Your Family,
Kenny Wheeler - Seattle, Washinghton
I finally resolved my diminished value claim with State Farm. After fighting with State Farm for 6 months regarding them paying my diminished value claim I hired Appraisal Group of America and within 2 weeks I had a check for $4,300. The customer service is top notch and I will definitely tell people about them if any of my friends or co-workers are in the same situation.
Jeff Hall - Bellingham, Washington
Geico only offered my $2,200 for my 1991 Acura and with Appraisal Group of America’s help they got me $6,909.
Thanks a lot,
Jin Ying - Vancouver, Washington
Thanks for all the help. When I called Appraisal Group of America Farmers was using a CCC report and stated my Volkswagen had a branded title and worth 60% less then what I thought it was. Appraisal Group of America fought for me and in two weeks they had the branded title removed and I got 100% of what my car was worth. Appraisal Group of America got me an additional $6,000 for my 00 Volkswagen. I will tell everyone about your help.
Thanks,
Demitri Stankowiak - Seattle, Washington
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I was a little leery of paying an appraiser to appraise a car that was only worth $13-14000. After a quick phone conversation, Appraisal Group of America told me they thought it would be worth the fee and I believed them. As it turned out, the insurance company paid an additional amount equal to 3 times the appraisal fee. In addition, Appraisal Group of America was very responsive in getting the insurance company everything they needed to issue the check. It was well worth the cost.
Phil Roth, CPA - Seattle, Washington
I was rear ended in September 2005 and Farmers insurance company only offered me $1,000 for diminished value on my 2001 Cadillac Escalade. I was planning on selling the car before the wreck and after the car was fixed I tried to trade in the car and the dealers only offered me half of what the vehicle was worth before the wreck. I got on the internet and found Appraisal Group of America trying to find out more information about diminished value laws in Washington. I spoke with Monica Fisher and within two weeks I received a check for $9,500 for diminished value due to the appraisal and negotiations of Appraisal Group of America. It was the best $300 I ever spent.
Thanks,
Sharon White - Seattle, Washington
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