Mini-Tort Only ... $3,000 Limit !
|Is there a statutory basis controlling diminished value claims ?||
|Is there favorable Reported case law for Diminished Value Claims ?||
|Can my Collision Coverage cover the Diminished Value of my vehicle ?||
|Can my Uninsured Motorist cover my Diminished Value ?||
|What is the small claims court authority limit ?||
|What is the Statute of Limitations to recover my diminished value ?||
|Are “iCan” appraisals accepted into evidence ?||
An Objective Overview of
Diminished Value Laws
in Michigan as reviewed by
J. D. Howard
MICHIGAN IS AN EVOLVING DIMINISHED VALUE RECOVERY STATE …
There is an over-abundance of Diminished Value appraisal services being promoted on internet search engines. Sadly, too many of those sites are run by unqualified hustlers out for a quick buck. There are only a hand full of qualified service providers that know what they’re doing and can be relied upon to tell the truth. This web site is among that hand full.
As noted above, Michigan is an Evolving Diminished Value Recovery State. Decades ago, the insurance industry sought to amend the Michigan constitution to allow no-Fault auto insurance. The insurance industry Propaganda included many Promises. Not the least of which, was a promise that auto insurance premiums would go down. After that proposition passed, all those promises proved to be hollow and unfulfilled. In fact, in the years to follow, Michigan became one of the Highest auto insurance premium states in the country.
Over the years, Michigan consumer advocates (body shops & attorneys) have worked tirelessly to claw their way out of the hole consumers had been thrown in. Progress was made with the advent of the Mini-Tort statute (MCL 500.3135(3)(e)). Under that statute, the Michigan consumer may recover $500.00 from the at-Fault insurer. That limit was eventually increased to $1,000.00. For accidents that occurred on or after July 1, 2020, that limit is now increased to $3,000.00. There is a simple 5 step protocol for Michigan consumers to recover their Mini-Tort entitlement. None of those 5 steps require the need for a Diminished Value appraisal (not even from us).
Click Here for more details on those 5 simple steps.
J. D. Howard Defeated No-Fault Insurance in . . . ARIZONA !
Notwithstanding what other web sites may have you believe, there are only 3 (yes, only 3) general categories of Diminished Value that impact consumers …
- Immediate / Inherent Diminished Value is the Loss of Value of a damaged vehicle immediately upon infliction of the damage.
- Post-Repair Residual Inherent Diminished Value is, as the title implies, that portion of the Inherent Diminished Value that was Not restored through the repair process.
- Repair-Related Diminished Value is that portion of a vehicle’s Loss of Value that is directly related to a less-than-optimal repair work product. Repair-Related Diminished Value is Not owed by the at-fault party. After all, it is not their fault that repairs to your vehicle were defective. UNLESS …
- The insurer of the at-fault party directed the repairs to a specific repair facility (or influenced your selection of repair facility). At that point, the insurance company is on-the-hook for repair defects and it becomes more of a Repair Warranty claim than a Diminished Value claim.
- A Repair Warranty claim would require physical inspection of the repaired vehicle. We may be able to recommend a local resource to help you facilitate your Repair Warranty claim.
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”.