Property Damage vs. Injury Claims
A diminished value claim is a property damage issue. It focuses on what your vehicle is worth in the market after the incident compared to what it was worth before. That is separate from any injury claim (medical bills, lost income, pain and suffering), and the documentation and negotiation process often looks different.
What “Diminished Value” Usually Means (and How It’s Calculated)
For a repaired (not totaled) vehicle, diminished value is commonly framed as:
- Pre-loss value: What the vehicle would have sold for in the Durham-area market immediately before the damage.
- Post-repair value: What the same vehicle would sell for after repairs, with the damage history disclosed.
- Diminished value: The difference between those two numbers.
In plain English: the question is not just “Was it fixed?” It’s “Would a typical buyer pay less because the vehicle now has a major repair history?”
What to Document
- Photos and videos: Damage photos from right after the incident and photos after repairs.
- Repair paperwork: The body shop estimate, final invoice, and any supplements (additional repair line-items added after teardown).
- Parts and repair details: Notes showing what was replaced vs. repaired, structural work (if any), and any calibration work (if documented).
- Vehicle history evidence: Any documentation showing the incident will appear on history reports or disclosure forms when the vehicle is sold.
- Value support: Comparable listings or valuation reports for similar vehicles (same year/make/model/trim/mileage) and how accident history affects pricing.
- Appraisal (often helpful): A diminished value appraisal can provide a structured “before/after” market analysis. Insurers may still dispute it, but it can help anchor the discussion.
Do You Need a Police Report for a Deer Collision?
Not always. For diminished value, the core issue is usually proof of the damage, the repairs, and the market impact. A report can help document when and how the damage happened, but many diminished value claims rely more heavily on repair records, photos, and valuation evidence.
If a report exists (or an incident number exists), it can be one more piece of documentation. If no report exists, that does not automatically prevent a diminished value claim—especially when the repair file clearly shows the scope of damage and the vehicle’s condition before and after.
Common Resolution Paths
- Negotiation: The insurer typically asks for repair documents and a basis for the “before” and “after” values. A clear package (photos + repair invoice + valuation support) often helps.
- Appraisal/dispute processes: Some claims get resolved through an appraisal-style disagreement process. The details depend on the claim context and paperwork, so avoid assuming a specific process applies until it is confirmed.
- Small claims or court options: If the dispute does not resolve, some people consider court. That decision depends on the amount in dispute, the quality of proof, and the time/effort involved.
How This Applies
Apply to your situation: Because the vehicle was repaired (not totaled) after a deer strike with significant damage, the strongest diminished value documentation will usually be your complete repair file (estimate, supplements, final invoice) plus market-based proof that similar vehicles sell for less once major repairs appear in the vehicle’s history. A police report can help if one exists, but it is often not the main driver of the diminished value calculation compared to repair documentation and a solid before/after valuation.
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 – Lists several three-year limitation periods, including for injury to goods/chattels and for property damage claims in many situations.
Conclusion
Diminished value for a repaired vehicle is usually built around a simple idea: what the car was worth right before the damage versus what it’s worth after repairs with the damage history. Strong proof typically includes photos, the full repair file (including supplements), and market-based valuation support or an appraisal. If you’re unsure what to submit or how to frame the “before/after” numbers, one practical next step is to gather your complete repair paperwork and valuation support and have a North Carolina attorney review how to present it.
