Does it matter that the accident involved an animal instead of another driver when I’m asking for diminished value? — Durham, NC

Woman looking tired next to bills

Does it matter that the accident involved an animal instead of another driver when I’m asking for diminished value? — Durham, NC

Short Answer

It can matter, but not because “diminished value” is only for crashes with another driver. In North Carolina, diminished value is a way to measure vehicle property damage (the loss in market value), and it can apply even if the damage came from hitting an animal. The bigger issue is usually who you are making the claim against (your own insurer vs. someone else) and what proof you have that the vehicle is worth less after proper repairs.

Property Damage vs. Injury Claims

A diminished value claim is a property damage issue. It focuses on the vehicle’s market value, not medical bills or pain and suffering. Even when a vehicle is fully repaired, buyers may pay less because the vehicle now has an accident history—so the “loss” can be the difference between what the car was worth right before the deer strike and what it’s worth after repairs.

What to Document

  • Proof of the vehicle’s condition before the deer strike: recent photos, maintenance records, and any pre-loss inspection or appraisal you already have.
  • Proof of the damage and repairs: repair estimate(s), final invoice(s), parts list, paint/materials detail, and photos taken before/during/after repairs.
  • Proof the repairs were completed properly: alignment printouts, calibration documentation (if applicable), and any post-repair inspection notes.
  • Proof of diminished value: a written diminished value appraisal or valuation report that explains the “before” value, the “after” value, and why the market discounts the vehicle even after repairs.
  • Crash documentation (if available): a crash report can help show date, location, and basic facts, but it is not the only way to prove what happened.

Common Resolution Paths

  1. Negotiation: The insurer (or other decision-maker) typically wants repair documentation, photos, and a clear valuation basis for the diminished value amount you’re requesting.
  2. Appraisal/dispute processes: Some claims get resolved through competing valuations (for example, your appraisal vs. the insurer’s evaluation). The exact process depends on the claim setup and paperwork involved, so be careful about agreeing to a process you don’t understand.
  3. Small claims or court options: If a dispute can’t be resolved informally, court may be an option in some situations. Whether that makes sense depends on the facts, the proof available, and the costs of pursuing the claim.

How This Applies

Apply to your facts: Because the vehicle struck a deer (not another driver), the key question is usually whether the diminished value request is being made under a first-party property claim (often tied to comprehensive coverage) and what documentation the insurer will accept. Since the vehicle was repaired and not totaled, your strongest support is typically a complete repair file (estimates, invoices, photos) plus a diminished value appraisal that explains the market-value drop after the repairs. A police crash report can help, and North Carolina law requires reporting certain “reportable” crashes, but a report is not always the deciding factor for diminished value.

What the Statutes Say (Optional)

Conclusion

An animal collision does not automatically prevent a diminished value claim in North Carolina. What usually matters most is the claim pathway (often a first-party property claim) and whether you can clearly prove the vehicle’s market value dropped even after quality repairs. The most helpful next step is to organize your repair file and photos and obtain a written diminished value appraisal that explains the before-and-after values in plain terms.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It also is not medical advice. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.

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