1) Is this a legitimate reason for them not to have any obligation to allow me to file this claim?
2) Could there be something in ALFA’s policy that says they don’t allow diminished value claims? This seems like it’d be the only reason they wouldn’t have to pay me, not because we both have the same insurance like the adjuster said.
I originally just wanted what was mine, but this adjuster has been a complete jackass and a man I spoke to today told me to get him to put it in writing that he refused to do the claim and that could be trouble for the adjuster. I really want him to get his now too ha
1. The adjuster is either deliberately dealing with you in bad faith (lying) or has no idea of what they're talking about. Since you're also insured by ALFA they are obligated to deal with you in good faith and if they fail to do so they are exposing themselves to a bad faith lawsuit from you. Ask them to put their denial and reasoning for the denial in writing.
2. I'm sure there is something in ALFA's policy disallowing diminished value claims. It's usually called a coverage exclusion. So policies outside of Georgia exclude diminished value. But this is 100% irrelevant in your case because you're making a diminished value claim against the woman's policy, not against your own policy.
In the context of your diminished value claim, your claim with ALFA is called a third-party claim, meaning you're making the claim with ALFA because they have insured the negligent at-fault party who hit you (the woman) - not because they insured you. It is true that you're not eligible to make a first-party DV claim under your own policy but that is NOT what you are doing. In your situation ALFA is playing two roles: your insurer and the insurer of the at-fault party. Those are different roles. As your insurer the relationship is guided by contract law which in this case is your policy but as the insurer of the at-fault party the relationship is guided by tort law - meaning they have agreed to indemnify the woman from your tort claims such as diminished value.
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Simon Galperin is a senior auto appraiser at Tiger DV and an expert on diminished value. He consults attorneys, insurance companies and individual car owners on the subject of automotive diminished value.