If you’ve made a diminished value claim with the other driver’s insurance company, then made a counteroffer, a second counteroffer, and a third counteroffer; if you’ve provided ample evidence that the diminished value your car suffered is more than their settlement offer; and yet the insurance company won’t budge, then they may be violating the Arizona Unfair Claim Settlement Practices Act and it is time to file a complaint with the Arizona Department of Insurance.
It’s in the insurance company’s interest to pay less for claims than cars are worth, and so you may find lots of barriers to getting a good diminished value settlement offer. Most people, naturally, who don’t have the information or know-how about how to push their case, give up long before this. But it’s also in the insurance company’s interest to not receive complaints with the Department of Insurance.
Complaints are a hassle for them and one of the few ways a regular person can affect their behavior. As the Department of Insurance writes on their website, they can:
Provide your complaint to your insurance company or insurance professional and require them to respond to us.
Review the response for compliance with applicable laws, rules, and policy requirements.
Require corrective action if we determine that the insurance company or insurance professional did not meet the legal obligations.
Help you understand your insurance policy.
And if you’ve followed all the steps laid out in the Car Crash Kit articles, then this next step is the right one to take.
Draft a business letter and address it to the Arizona Department of Insurance. Here is their address:
Arizona Department of Insurance
100 N 15th Ave Ste 261
Phoenix AZ 85007-2630
Here is a link the online form if you’d prefer to do it there.
You will also need to include the following information to make sure they can properly identify your case:
Your name, address, phone number, and email.
The name of other person in the accident.
Their insurance company, the insurance adjuster, the date of the accident, and the claim number.
Note the cause of your complaint. Depending on exactly how the insurance company has responded to your letters, this could be any of Claim Denial, Delays, No Response, Information Requested, Misrepresentation, or Unsatisfactory Settlement Offer.
In your letter to the Department of Insurance, you will use the same elements and information as in your previous letters. This will include the references to the Arizona case law and statutes that the insurance company is not in compliance with. This will include the research you’ve done about the value of your car, and the research you’ve done to show that their comps are incorrect.
Also include the previous letters and research that you’ve done that proves your case.
End with: “Please let me know if you have any questions or need additional information from me. I look forward to hearing from you.”
If you’d like some help going through this process, a Car Crash Kit can provide you with form letters that include relevant Arizona case law and statutes. Also, included in your Car Crash Kit will be directions, suggestions on how to respond to common insurance company arguments, and how to settle your diminished value claim after you receive a fair settlement offer. The cost for a Car Crash Solo is only $19 and can help you recover hundreds to thousands of dollars more in compensation.
To see if your property damage qualifies for diminished value compensation just take our Free Quiz below.
Legal Disclaimer: This article provides general information and should not be taken as legal advice. Car Crash Kit is not a law firm and cannot provide legal advice. This article is an advertisement.