Trust DVAC to
Recover the True Value of Your Vehicle.
Trust DVAC to
Recover the True Value of Your Vehicle.
Statute of Limitations to File:
File First Party Claim:
File Third Party Claim:
Diminished Value Through Uninsured Motorist Coverage:
Small Claims Max Filling:
OUR PROVEN PROCESS
Start the process with a FREE consultation when you call us at (877) 879-0101 or fill out our Appraisal Form and we will contact you within minutes!
We analyze data to determine your vehicle’s true diminished value and deliver a quick, accurate appraisal that insurance companies can’t ignore.
We don’t stop at a report. We advise and support you through negotiations every step of the way until you receive your rightful compensation.
Experiencing a vehicle accident is a distressing event that can leave lasting effects. It’s crucial to handle the aftermath with composure and a clear plan of action to safeguard yourself and others involved. Whether it’s a minor bump or a major collision, understanding the steps to take can significantly impact your recovery process. In addition […]
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Diminished value of your vehicle is recoverable in third-party cases only. You can only recover from third-party at fault insurance companies and you cannot make a claim under your own uninsured motorist insurance. All drivers must carry minimum liability insurance, and the statute of limitations is 3 years from the time of the accident. 211 CMR 133.00.
Generally, a victim of property damage is entitled to be placed in the position he or she would have been in if the defendant’s wrong had never occurred. Tort Law § 13.11, at 429 (3d ed. 2005). A fundamental principle on which the rule of damages is based is compensation. Compensation is that amount of money that reasonably will make the injured party whole. Compensatory damages may not exceed this amount. Anything beyond that amount is a windfall. Kattar v. Demoulas, 433 Mass. 1 , 15 (2000).
Jarrett McGilloway et al. v. Safety Insurance Company and the Commerce Insurance Company COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT:
The Supreme Judicial Court differentiated part 4 from part 7 (a first party claim for collision coverage) of the 2008 Edition of the standard Massachusetts auto policy, and held that inherent diminished value is recoverable under a third party claim for damages under part 4 of the 2008 Edition of the standard policy. The Supreme Judicial Court noted that not every automobile that is involved in a collision and is subsequently repaired has suffered diminished value. “Rather, individualized proof is required to demonstrate that a given automobile has sustained some form of diminution in value due to a collision or vehicular accident, even after repairs are made.” A Plaintiff would still need to prove (1) that his or her vehicle has suffered inherent diminished value damages and (2) the amount of diminished value damages at issue.
Massachusetts policies written after January 1, 2018 are based on the 2016 Edition of the Standard Massachusetts Automobile Insurance Policy and those polices contain the unfavorable wording that goes against diminished value compensation for third-party accident victims.
A DV Claim can be filed, however there are no guarantees that if it goes to court a favorable outcome for the plaintiff
Even after repairs, your car may lose resale value due to its accident history—known as diminished value. Many buyers avoid damaged vehicles or expect a discount, but you have the right to file a diminished value claim. Some insurance companies won’t inform you of your right to an independent appraisal and often minimize payouts. With accurate data and a strong claim, DVAC ensures you get the compensation you deserve.
Call DVAC at 877-879-0101 for a FREE consultation or Start your Appraisal now!
