Diminished Value Claims: Pennsylvania
If you were in an auto accident caused by another person in Pennsylvania, you have a right to file a diminished value claim. This type of claim helps you recover your automobile's lost value after an accident that wasn't your fault.
Learn more about this subject and Pennsylvania's diminished value laws below
Summary – Diminished Value Claims in Pennsylvania
Statute of Limitations: 2 years
Third-Party Diminished Value Claim: Yes
First-Party Diminished Value Claim: No, most insurance policies exclude diminished value.
Pennsylvania Property Damage Minimum Limits: $5,000 in coverage
Uninsured Motorist Coverage for Diminished Value: No coverage
Underinsured Motorist Coverage for Diminished Value: No coverage
Pennsylvania Small Claims Court Limit: $12,000, attorney representation and appeals are permitted
How To File a Diminished Value Claim in Pennsylvania
Step 1: Get Proof of Your Car’s Diminished Value.
The best way to prove your claim is to hire licensed, highly qualified, competent, and independent diminished value experts. The better the appraisal, the better the chance of the insurance company accepting the appraisal and paying the claim faster and for more money.
Step 2: Submit a Diminished Value Appraisal and Demand Letter.
It’s best to file your diminished value claim as soon as your vehicle has been repaired. This process requires submitting all necessary documentation, including an appraisal and a demand letter to the at-fault driver’s insurance company. After that, you’ll need to wait for the insurance company to give you an official response after reviewing your information.
Step 3: Settle Your Claim.
The final step is settling your diminished value claim in Pennsylvania. Sometimes, this step isn’t always easy. That’s because claims adjusters often aim to negotiate the lowest possible payouts for those seeking compensation. While some insurance companies accept claims, others might attempt to make a lower offer. There’s also the possibility of a claim being denied.
To receive the highest settlement, DVCHECK recommends you provide as much supporting documentation as possible. It’s also often advisable to haggle with the adjuster you’re speaking with until this person stops negotiating.
Navigating diminished value claims in Pennsylvania can be complex. Let DVCHECK help with a free claim review. Complete DVCHECK’s free estimate form for further assistance.
Pennsylvania Diminished Value Law
Pennsylvania is a state that allows drivers to file a diminished value claim if the accident wasn’t their fault. The statute of limitations to take legal action in this state is two years from the date of loss. You would file this type of claim with the insurance company of the at-fault driver.
Holt v. Pariser Superior Court of Pennsylvania July 17, 1947 Full title 161 Pa. Super. 315 (Pa. Super. Ct. 1947) Copy Citation 161 Pa. Super. 315•54 A.2d 89
The correct measure of damages is laid down in the Restatement, Torts, section 928:
"Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for (a) the difference between the value of the chattel before the harm and the value after the harm or, at the plaintiff's election, the reasonable cost of repair or restoration where feasible, with due allowance for any difference between the original value and the value after repairs, and (b) the loss of use.”
