A Basic Overview
| Is there a statutory basis controlling diminished value claims ? | NO |
| Is there favorable Reported case law for Diminished Value Claims ? | YES |
| Can my Collision Coverage cover the Diminished Value of my vehicle ? | NO |
| Can my Uninsured Motorist cover my Diminished Value ? | NO |
| What is the small claims court authority limit ? | No Limit |
| What is the Statute of Limitations to recover my diminished value ? | 3 years |
| Are “iCan” appraisals accepted into evidence ? | YES |
Expanded Narrative
An Objective Overview of
Diminished Value Laws
in Massachusetts as reviewed by
J. D. Howard
MASSACHUSETTS IS NOW A DIMINISHED VALUE RECOVERY STATE …
Massachusetts prior case law precedent had held that Post-Repair Residual Diminished Value was NOT owed to a third party on a repaired vehicle. That case was entitled Martins v. Vermont Mutual Ins. Co (unpublished) circa 2019.
NOW . . . In the matter of McGilloway v. Safety Insurance Company, (174 N.E.3d 1191), Massachusetts' highest court ruled the opposite of the case referenced above. As of 2021, Post-Repair Residual Diminished Value tort damages are now recoverable !
NOTE: If you are the at-fault party in the accident, you are Not eligible to recover Post-Repair Residual Diminished Value. We suggest you check with your tax advisor. You may (operative word “may”) be able to deduct your Post-Repair Residual Diminished Value from your income taxes as an “Uncompensated Casualty Loss”.
SUGGESTION: Go to our Diminished Value Options page and request our FREE Diminished Value "Estimate" to assess the viability of pursuing a Diminished Value claim ... or ... Define a basis for a tax deduction.
Truth . . . MATTERS !
FYI . . . DRP Agreements . . .
DRP (Direct Referral Program) Agreements do exist (in writing). Under the terms of a DRP agreement, a body shop surrenders virtual control of their facility, to an insurance company, in exchange for that insurance company’s promise to promote that body shop to their insureds and claimants. All decisions as to method of repair and parts to be used are dictated by the insurance company. We’ve actually read DRP agreements that stated “the vehicle owner shall remain ‘Blind’ as to any difference of opinion that may arise between [insurance company] and [this] shop”.
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