DV claim in TN

[Jackandjill]

Hello! I have been dealing with a DV claim in TN as my 2017 Lexus was hit by an at fault driver. The insurance company is National General. The repairs were around 7k.
I hired a processional DV appraiser, he wrote a solid report stating it lost $4300 inherent value. I sent this along with the demand letter to the adjuster and the adjuster responded back with exactly what it said in the linked website about 3rd party claims in TN. Stating either they pay repair cost of difference in value not both. And since they paid repair cost I was denied in writing a big $0. The expert appraiser I hired has been working with me the whole way and was basically fact checking every lie the adjuster was spitting back to me. I then get a lawyer to look over it and he said the report I had written was solid and he sent the adjuster a letter.. no response at all from the adjuster. I have now filed suit in small claims court in TN and have a court case coming up as the at fault driver was served today. Not sure what to expect next ?

[Jackandjill]

I ended up trading In the vehicle for 20k a Month later,
And my appraiser report said pre accident value was 26.3k
So the original 4300 I demanded was clearly a deal for the insurance company

[Simon]

A lot of insurance companies practices are essentially legalized theft. Other times the adjuster will simply not know what they are talking about due to poor and inconsistent training. Either way the result is the same: unfair denials of valid claims. You're doing exactly the right thing by pursuing it in Small Claims. My bet is you will magically start receiving settlement offers somewhere within 30 days of the hearing date. Sometimes even on the day before.

[Jackandjill]

A lot of insurance companies practices are essentially legalized theft. Other times the adjuster will simply not know what they are talking about due to poor and inconsistent training. Either way the result is the same: unfair denials of valid claims. You're doing exactly the right thing by pursuing it in Small Claims. My bet is you will magically start receiving settlement offers somewhere within 30 days of the hearing date. Sometimes even on the day before.

Thanks! The adjuster sent me months ago the same thing that was in the 50 states link under TN 3rd party claims here , “ The measure of third-party damages is either repair costs or the difference in market value immediately before and after the accident. It is not both.”.

To me that sounds like it isn’t allowed in state of TN? So that in a way confused me on if it was actually possible according to that ? Can that be shown to the courts on their defense and work?

[Simon]

A lot of insurance companies practices are essentially legalized theft. Other times the adjuster will simply not know what they are talking about due to poor and inconsistent training. Either way the result is the same: unfair denials of valid claims. You're doing exactly the right thing by pursuing it in Small Claims. My bet is you will magically start receiving settlement offers somewhere within 30 days of the hearing date. Sometimes even on the day before.

Thanks! The adjuster sent me months ago the same thing that was in the 50 states link under TN 3rd party claims here , “ The measure of third-party damages is either repair costs or the difference in market value immediately before and after the accident. It is not both.”.

To me that sounds like it isn’t allowed in state of TN? So that in a way confused me on if it was actually possible according to that ? Can that be shown to the courts on their defense and work?

Look, I'm not a lawyer and you're getting into the weeds but here is my 2c. I actually agree when the insurance company says "not both." It's not both. But they are using this language to confuse you. Here is why.

Market Value Immediately Before Accident - Market Value Immediately After Accident (Unrepaired Vehicle) = Repair Cost + Diminished Value

By asking for Repair and DV you're precisely asking for Market Value Before Accident - Market Value Immediately After Accident (Unrepaired Vehicle). You're not asking for Repair Cost AND (Market Value Before Accident - Market Value Immediately After Accident).

This is not legal advice but in my non-lawyer understanding, it's possible. I've done some research and I have evidence that multiple Tennessee lawyers also think it's possible and routinely submit diminished value claims on behalf of their clients. You can call these guys and try to get a free consultation.

https://www.avvo.com/legal-answers/what ... 57817.html
https://www.deliusmckenzie.com/2017/09/ ... tennessee/
https://www.greggrothlaw.com/auto-accidents
https://www.615lawyer.com/statute-of-li ... nt-injury/
https://www.davidgordonlaw.com/blog/wha ... -accident/

[Spiker]

This is not legal advice but in my non-lawyer understanding, it's possible. I've done some research and I have evidence that multiple Tennessee lawyers also think it's possible and routinely submit diminished value claims on behalf of their clients. You can call these guys and try to get a free consultation.
GBWhatsApp APK
https://www.avvo.com/legal-answers/what ... 57817.html
https://www.deliusmckenzie.com/2017/09/ ... tennessee/
https://www.greggrothlaw.com/auto-accidents
https://www.615lawyer.com/statute-of-li ... nt-injury/
https://www.davidgordonlaw.com/blog/wha ... -accident/

Thanks Simon for your advice. I consulted with them and they did helped me in my case. Thanks again.