So Dan's attorney appealed, and we didn't get paid our diminished value claim yet. The appeal went from the District Justice to the trial court. In other states the District Justice would be referred to a small claims court, District Magistrate or a people's court. They are courts that deal with claims involving relatively small amounts of money.
In this case, Vic was struck by a vehicle owned by Carmella and driven by Dan. For the sake of simplicity, let’s assume that it was not Vic’s fault in any way. So who does Vic make a diminution of value claim against? Dan was driving, but he was driving Carmella’s car. Let’s look at the possibilities. If Dan had the permission of Carmella then her insurance might cover Dan while he was driving her car.
The second mistake most do-it-yourself claimants make is to give the diminished value report to the insurance company that they want to pay the claim. Obviously, the claimant has to back up his claim with something, but once the report is submitted to the insurance company, it sets the ceiling for the negotiations that will occur. If the do-it-yourselfer takes the first diminished value report he gets and gives it to the insurance company there's no chance of demanding more than that.
Vic has a number of questions to answer for his claim. But the first step, which is where most people start, is to research the claim on line. It's certainly helpful, but much of what one reads online is wrong, or at least misleading. So Vic read online about the claims and set out to make his claim by himself. Unfortunately he made the same two most common mistakes most do-it-yourself claimants make.
Think that diminished value claims are easy? I'm dealing with one now that will change your mind. As of now, my client, let's call him Vic, as in innocent victim, was driving home through Pennsylvania in winter. He pulled off on the shoulder of an on ramp to an interstate highway. He was nervous about the road conditions and he wanted to wait until the weather cleared up.
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