Diminished Value Lawyer: Getting Paid for Your Damaged Car

July 8, 2021

Car accidents are stressful both emotionally and financially. Even if you are not injured, the same cannot be said about your car. Vehicle repair is expensive, and if the accident was not your fault, you should be fully compensated by the at-fault driver’s insurance company.

Even after quality repairs, a crash lowers your car’s market value, that loss is called diminished value. The at-fault driver’s insurer should pay repair costs and the diminished value. Insurers rarely volunteer this.

What Is Diminished Value?

Diminished value is the decrease in your vehicle’s resale/trade-in value after an accident, even when it’s fully repaired. Buyers pay less for a car with a crash history, Carfax entry, or frame/airbag repair.

Types of diminished value:

Immediate DV: Difference between pre-loss value and value right after the collision (before repairs).
Inherent DV: Loss that remains after proper repairs because the car now has accident history.
Repair-Related DV: Extra loss caused by sub-par repairs (paint mismatch, panel gaps, aftermarket parts).

Who Owes Diminished Value And When?

When another driver is at fault, their insurance company should compensate you for:

Repairs, and
Diminished value (the market stigma that remains after repairs).

If liability is disputed or you were partially at fault, you may still recover a reduced amount depending on the facts and state law.

How to Build a Strong Diminished Value Claim

Document everything: Police report, photos of damage/scene, body shop estimates, final invoices, parts list.
Preserve history: Screenshots of pre-loss value (KBB/NADA/private-party comps), mileage, trim/options.
Get a DV appraisal or market comps: Independent diminished value report or dealership/trade-in letters showing lower offers due to crash history.
Itemize repair quality: Note any structural/frame work, airbag deployment, panel replacement, paint blend notes.
Send a targeted demand: Include liability basis, repair docs, DV appraisal/comps, and a specific dollar figure.

Tip: Don’t accept a property-damage check labeled “full and final” if the diminished value piece isn’t addressed in writing.

Common Insurer Tactics, and How We Respond

“We don’t pay DV.” Response: DV is a separate, compensable loss when our client is not at fault.
Lowball formulas or caps. Response: Use vehicle-specific comps/appraisals and repair details to show real market impact.
Blaming prior damage. Response: Provide pre-loss photos, service records, valuation snapshots.
“Repairs were perfect, no loss.” Response: Carfax/history stigma depresses market value even after quality repairs.

Kansas City & Overland Park: Why Hire a Diminished Value Lawyer?

An Overland Park diminished value lawyer can:

Prove DV with credible appraisals/comps and repair analysis.
Negotiate with the property-damage adjuster so you don’t leave money on the table.
Escalate if needed (appraisal clause, supervisor review, or litigation).

Free Consultation: Call 913-432-1000 to speak with Mark Grover from GroverLawKC law firm about your Kansas/Missouri diminished value claim today.