Frequently Asked Questions

Frequently Asked Questions

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Frequently Asked Questions: Diminished Value & Loss of Use

Diminished value is the reduction in your vehicle’s market value after an accident—even if it has been fully repaired. When a car is damaged and then fixed, it still carries a negative accident history that lowers its resale or trade-in value. Dealerships, online buyers, and private purchasers typically offer less for vehicles with a known accident record. That lost value is known as “diminished value”—and you may have a right to compensation for it if the accident wasn’t your fault.

 

You may qualify for a diminished value claim if your vehicle:

  • Was involved in an accident caused by another party,
  • Was repaired afterward,
  • And has now lost resale value due to its damage history.

Claims are stronger when the vehicle is newer and  higher in value. However, even older or mid-range vehicles can qualify—especially if repairs were significant.

The amount varies depending on the age, mileage, make, and model of your car—and the severity of the accident. On average, diminished value claims can range from a few hundred dollars or much more, especially for luxury, exotic, and supercars. We use professional appraisers and data-backed market analysis to determine the value you’ve lost.

The formal appraisal usually is helpful since your insurance company may not acknowledge or pay out on a diminished value claim without a formal, written appraisal from a qualified expert. We work with vehicle appraisers who specialize in evaluating post-accident depreciation for both standard and high-end vehicles.

 

Yes! Repair costs and diminished value are two separate claims. Even if the insurance company already paid for your repairs, you may still be entitled to additional compensation for the lost value of your vehicle. Many drivers leave money on the table by assuming they’re finished once repairs are done. Don’t settle for less—talk to us first.

Loss of use refers to compensation for the time you were unable to use your vehicle due to accident-related damage. Even if your car is being repaired, you may be entitled to monetary compensation for every day you couldn’t drive it—especially if you didn’t receive a rental car or had to pay out of pocket.

No. You can still claim loss of use even if you did not rent a car. The law often allows recovery based on what it would have cost to rent a comparable vehicle during the repair period. This is especially important for luxury vehicle owners where rental replacements may not be available.

 

If the insurance company only covered a portion of your rental or did not provide a rental equivalent to your own car’s value, you may still be owed money. Many standard rental policies cap the daily rate, but high-end and specialty vehicles often exceed those limits. We help  you get paid for every day and every dollar you're owed.

Absolutely. These are separate and independent claims, and in most cases, both apply after an accident. One covers the value you lost permanently (diminished value), and the other covers the time you lost during repairs (loss of use). We routinely file both together for maximum recovery.

Deadlines vary by state and insurance policy. The statute of limitation for filing a claim in court for negligence in New York is 3 years from the date of the accident. The statute of limitations for filing a claim for negligence in Florida is 2 years from the date of the accident

Unlike general law firms or claims adjusters, Car Value Law PLLC focuses on diminished value and loss of use law. With over 35 years of experience, we know the insurance playbook. You are getting a team with extensive litigation experience.

We work on a contingency basis, meaning you pay nothing unless we recover for you. We handle the paperwork, appraisals, negotiations, and legal filings—so you can focus on getting back on the road.

Let us review your case for free

Call: 941-337-1574

Visit: www.CarValueLaw.com

Or send us a message to get started today

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How Car Value Law PLLC Can Help

We review your claim and negotiate with the insurance carrier to get compensation for diminished value and loss of use. If necessary, we are experienced and ready to file suit in Court

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