I recently had an accident, not mine fault, with my 2015 xl and the damage was $20k. Somehow I heard about diminished value claims. I have done some research on diminished value. But to file a claim involves a lot of work and you really need a lawyer which they cost a lot of money. Has anyone went through the process and what was involved. I went online to get an estimate of the loss of value to the truck with autoappraisers.com and they said the loss of value is between $4900 and $6500 but they would need to look at the truck to write a report which would cost $400. A lawyer would probably cost between $1000 and $2000. The problem here is that the ins company probably would not pay for the entire loss. The autoappraisers are pretty close to the real loss because I got an appraisal from CarMax to buy my truck outright they gave me a figure of $20,000 and CarMax said they would have to auction it off because of the amount of damage they could not sell it off their lot. My truck had about 10K miles when the accident happened. Thanks in advance for any feedback. By the way what kind of lawyer would I need, thanks.

 

Small claims court. Costs less than 50 dollars to sue directly the person that hit you and you only have to show 51% that this impacted you. The only limit is 5k the max you can sue for depending on state. May be more now I haven't looked in years. Bu you do not need a lawyer. Just bring proof of decreased value. Several appraisals and affidavits would be plenty. But I would also show where You trade every few years. If you don't then this really doesn't impact you. As the amount decreases every year because of depreciated value.

 

I had a similar event occur, but the damage was significantly less than $20k. My truck was only 1-2 months old when I was hit. I got an attorney to write a letter to the insurance company explaining the case for diminished value, but not actually threatening any legal action. It was written on law firm letterhead. The insurance company sent me a check between $1 and 2k (can't remember exact amount, this was 5 years ago).

 

I forgot to add that I went to a Ford dealer too and was told they could not do anything at all with that kind of damage. Also, can a person take the Government to small claims court? I live in Missouri and am planning to call the insurance commission to find what my options are, thanks.

Mike, what kind of attorney did you get? Thanks

 

It didn't matter, honestly. All that mattered was that the letter was on law office letterhead.

 

I don't know of a lawyer that will start this type of case without a 5k retainer. If you go that way your in a loose loose situation.

 

What kind of damage was done, was it frame damage, body, mechanical, electrical or what? Also, was the damage done on a government installation or something, you are asking about the possibility of taking the government to small claims court?

 

It was partial frame and some mechanical but mostly body damage. The damage was done by a postal vehicle. The postal service does not have ins they have a claims dept. and they do not tell you what a person needs in the way of information to file the claim except for documentation. I had to use my ins and then they file a subjugation to collect their $. My ins co. will not file a diminished value claim against at fault party.

 

You might as well hang it up. Just get your truck fixed and call it a day. Otherwise, you'll need to seek reimbursement for headache medication.

 

You cannot sue the U.S. Government or Postal Service in state court or small claims court. The minute they get notice, they walk over to the U.S. District Court, where a federal judge signs an order, moving the case to federal court. Now you can represent yourself, or hire an attorney, one who is credentialed to practice in federal court (not all are). If you think a run of the mill attorney is expensive, wait till you see the hourly rate of one who can practice in federal court. Either way a judge will then toss it out for not following the FTCA and exhausting your administrative remedies.

You could of filed Federal Tort Claims Act ("FTCA"). In those cases, you have to show negligence on the employee. If you wish to sue under the FTCA, you must first file a claim with the federal agency responsible for the alleged misconduct. In your case you file with the U.S. Postal Service, by submitting a Standard Form 95 or SF-95.

The have six months to review and respond. It is referred to as an "administrative claim" until resolved.

By 180 days, they may pay it, negotiate and settle it or deny it. If not happy, after that time, you an then file a suit in US District Court. At this point, based on your amount of "damage," and assuming (1) your state where this all occurred legally allows diminished value claims and (2) you have proof such exists (sworn statements, a witness from the dealership who will testify for you, multiple sources that can validate your numbers), you will end up meeting with Postal Lawyers and a Assistant US Attorney who will try to see if they can settle it with you. Almost all cases end here. If not, head into court and tell the judge your story. Call your witness and let them get cross examined. And the judge will decide.