Insurance Coverages

Our policy is to ensure that each client gets the best representation and personal attention they deserve.

Who is Liable for a Diminished Value Claim

Generally, whenever you have been in a car accident, there are three different avenues where coverage may be available: (1) the at-fault driver’s insurance company; (2) collision; or (3) uninsured motorist coverage. This module will explain who will and will not be liable for your diminished value claim.

At-Fault Party’s Liability Insurance – YES!

Whenever you are in an accident and the other driver is at fault, you should be able to claim diminished value with the at-fault party’s insurance carrier. In North Carolina, liability insurance providers are the only party required to investigate and honor a valid diminished value claim. Therefore, a diminished value claim should be available when you are in a multi-vehicle accident where that at-fault driver has valid insurance at the time the accident occurred.

Uninsured Motorist Coverage – MAYBE!

Uninsured Motorist Coverage is triggered several different ways which is outside the purview of this article. With that being said, you may be able to use your uninsured motorist coverage for diminished value, so long as your accident was not caused by a hit and run. In North Carolina, uninsured motorist coverage will not likely be available for property damage where the accident was a result of a hit and run, and where the at-fault vehicle was never found.

Important Note: Uninsured Motorist Coverage and diminished value is governed by contract law and the terms of your policy. Therefore, when a claim is being made against one’s own insurance policy for diminished value, the policy language should be examined to determine if coverage will be available.

What if I caused the Accident (Collision Coverage)? – NO!

Diminished value is not available if you are the at-fault driver in an accident. In other words, if you caused the accident, you will not be able to recover diminished value. Therefore, your collision insurance would not cover diminished value.

What if my Damage was Caused by Something other than a Collision– NO!

Diminished value is generally not available if your accident was caused by something other than a collision with another vehicle. Accidents that are caused by things other than a vehicle would fall under your comprehensive coverage and diminished value would not be covered. So, diminished value would not be able to be recovered for things like hitting a door or hail damage.

Important Note: North Carolina is a no contact state. Essentially, this means that a collision only takes place where contact is made between two vehicles. This is important because if you do not make contact with another vehicle, diminished value will not be available. In other words, diminished value can only be claimed when an accident occurs where the party claiming diminished value made contact with another known vehicle and did not cause or contribute to the accident. For more information on North Carolina being a no contact state, please click here.

Hear What Our Clients Have to Say

  • I want to brag about my experience!

    “When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”

    - Mary P.
  • Richard Dingus is a great attorney!

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    - Isaac B.
  • Thank you again for all you did for my family

    “They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”

    - Coral M.
  • I was completely shocked at the amount I received

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    - Schjuana S.
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Settlement & Verdicts

  • $1,900,000 Wrongful Death
  • $900,000 Wrongful Death

    Our client was thrown from his motorcycle and was pronounced deceased on the scene.

  • $122,000 Car Accident

    Vehicle made a left-hand turn, failing to yield the right of way.

  • $104,000 Severe Injury

    We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.

  • $104,000 Serious Injuries

    Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.

  • $102,000 Serious Injuries

    Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.

  • $68,712 Back Injury

    Our client suffered a rare injury that is not typically seen with the mechanics of the accident and the minimal rate of speed.

  • $61,000 Serious Injuries

    Rear-end collision where our client was pushed off the road and came to rest after colliding with several trees.

  • $55,000 Personal Injury

    Due to our client’s age and health prior to the accident, the insurance company tried to fight several of the damages in which our client was entitled.

  • $52,000 Serious Injuries

    Our client suffered injuries resulting in a visit to the hospital and a chiropractor.