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What is Diminished Value?

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Pre-Accident

$54,749

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Post-Accident

$46,454

Sport Car

Filing A Diminished Value Claim In Maryland

Statute of Limitations to File: 3 Years 

File First Party Claim: Excluded 

File Third Party Claim: Yes 

Diminished Value Through Uninsured Motorist Coverage: Yes, every policy must have this!

Maryland Small Claims Max Filing: $5,000, attorney representation and appeals permitted

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Valid Maryland  Diminished Value Case Law

Fred Frederick Motors, Inc v. Krause, 12 Md. App.62 (1971), The general rule on tort damages, including motor vehicle torts, is easily stated: the damages should compensate the injured person for the wrong which has been done to him. If the vehicle is completely destroyed, the plaintiff receives the market value. For repairable vehicles, if the plaintiff can prove that after repairs his vehicle has a diminished market value from being injured, then he can recover in addition to the cost of repairs the diminution in market value, provided the two together do not exceed the diminution in value prior to the repairs. 

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Relevant Maryland Civil Pattern Jury Instructions MPJI-Cv 10:21 Property Damages

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In an action for recovery of damages for damaged property you shall consider the following: a. Repairable Damages 

Where the plaintiff’s damaged property can be repaired, the plaintiff is entitled to recover the reasonable cost of restoring the damaged property substantially to its condition immediately before it was damaged. In addition, the plaintiff is entitled to recover for the loss of the use of the property during a reasonable period of time while it is being repaired. 

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In cases where the damaged property has been repaired but its fair market value nevertheless has decreased, the plaintiff may recover the difference between the fair market value of the property before the damage and after the repair.

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Richart Taylor

Richard W. Taylor, President-Managing Partner
NPN #16425692

Richard was a great help in assisting us with our total loss claim with our own insurance company. Not only did he get us fair market value but he was a pleasure to deal with, extremely helpful, extensively knowledgeable, and couldn't have been more responsive. I cannot recommend him highly enough.

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Richard E. Taylor, Sr. Vice President-Partner
 
NPN#18866571

DVAC gives nothing but honest and objective opinions about the value of your vehicle. I have used Mr. Taylor for appraisals multiple times, and each time, I've gotten nothing but an honest assessment. Mr. Taylor is not only knowledgeable, but extremely responsive and efficient. Highly recommend DVAC.

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Understanding Automobile Diminished Value

Introduction: In the realm of automobiles, the concept of diminished value is crucial yet often misunderstood. When a vehicle is involved in an accident, its value can decrease even after repairs have been made, due to factors such as damage history and perceived reliability. This phenomenon is known as diminished value, and comprehending its implications is essential for both buyers and sellers in the automotive market.

What is Diminished Value? Diminished value refers to the reduction in a vehicle's resale worth after it has been damaged and subsequently repaired. Even if the repairs are performed meticulously and restore the vehicle to its pre-accident condition, the fact that it has a history of damage can impact its value in the eyes of potential buyers.

Types of Diminished Value:

  1. Inherent Diminished Value: This type of diminished value occurs due to the perception that a vehicle with a history of accidents is less desirable than a similar vehicle with no such history, even if repairs have been carried out expertly.

  2. Immediate Diminished Value: Immediate diminished value is the reduction in value that occurs immediately after an accident. It reflects the decrease in the vehicle's worth due to the visible damage it has sustained.

  3. Repair-Related Diminished Value: Repair-related diminished value occurs when repairs, although performed properly, are not sufficient to restore the vehicle to its pre-accident condition. In such cases, the vehicle may still have underlying issues that affect its value.

Factors Affecting Diminished Value: Several factors can influence the extent of diminished value a vehicle experiences:

  1. Severity of Damage: The extent of damage sustained by the vehicle in the accident plays a significant role. Vehicles with extensive damage typically experience higher levels of diminished value.

  2. Vehicle Age and Mileage: Older vehicles or those with high mileage may experience greater diminished value since they are perceived to have less remaining useful life.

  3. Vehicle History: A vehicle's accident history, even if the damage has been repaired, can impact its value. Buyers may be wary of purchasing a vehicle with a history of accidents.

  4. Market Demand: The demand for a particular make and model in the used car market can affect its diminished value. Vehicles in high demand may experience less diminished value compared to those with lower demand.

How to Determine Diminished Value: Determining the diminished value of a vehicle can be challenging and often requires professional appraisal. Several methods may be used, including:

  1. Comparative Market Analysis: Comparing the value of similar vehicles with and without accident histories can provide insight into the diminished value.

  2. Professional Appraisal: Hiring a professional appraiser experienced in assessing diminished value can provide a more accurate valuation.

  3. Diminished Value Calculators: Online tools and calculators can provide rough estimates of diminished value based on factors such as vehicle make, model, age, and extent of damage.

Conclusion: Automobile diminished value is a significant consideration for both buyers and sellers in the used car market. Understanding the factors that contribute to diminished value and how to assess it accurately can help individuals make informed decisions when buying or selling a vehicle. Whether seeking compensation for diminished value after an accident or negotiating a fair price for a used car, awareness of this concept is essential for navigating the complexities of the automotive market.

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