Wednesday, 12 November 2014

I'm looking for Florida Statutes that reference Diminished Value for auto claims. A third party Insurer I'm dealing with claims that their P...

Question

I'm looking for Florida Statutes that reference Diminished Value for auto claims. A third party Insurer I'm dealing with claims that their Property Damage does not pay for DV as it's not a physical damage.



Answer

I am not aware of any Florida Statute directly on point. Entitlement to diminished value from the third-party af-fault is established in Florida caselaw. See, e.g., Siegle v. Progressive, 819 So. 2nd 732 (Fla. Sup. Ct. , 2002).



Answer

It is not a statutory issue. It is a contractual obligation. Mr. Burns give you the authority that you should provide to the adjuster. Remember you will need expert testimony on the diminished value of the car.



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