By this time, you’re probably not surprised that the insurance company’s offer was low. Their initial offer was low; you made a counteroffer based on evidence you got at the dealership, and they responded with another low offer.
In your second counteroffer, you’ll stick with the number you already found out through contacting the dealership. This is the difference between the pre-collision offer and the post-collision offer.
However, you must now dispute the documentation the insurance company has given you.
This documentation will involve “comps,” vehicles comparable or similar to yours, which are meant to show your vehicle’s value. Unfortunately, it’s in the insurance company’s interest to find vehicles with a low value, which allows them to give a lower offer.
Your task will be to follow up on their “comps” and see if they are accurate.
Each insurance company comp will have contact information about the vehicle. Call those numbers and ask for further information. It’s likely that none or most of the vehicles can be found. Make a note of this, because they can’t be used as documentation by the insurance company if they don’t exist! If it turns out that there’s no evidence proving these vehicles are real, that destroys the insurance company’s evidence for their low settlement offer.
Sum up your letter by writing that the insurance company has violated the Arizona Unfair Claim Settlement Practices Act by failing to provide evidence for their low settlement offer.
Be sure and state that: “By making this counter settlement offer, I am attempting in good faith to amicably resolve the diminished value claim against your insured in a timely fashion.”
“Finally, this letter and all attachments are submitted solely for the purpose of settlement negotiations and not by way of any admissions against interest. I therefore submit it only on the condition that all the materials attached with it will not be used in the event the matter is tried before a judge or jury.”
Inform them that your offer expires in 10 days.
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. This article is an advertisement.