If the policy is based on the 2016 Standard Massachusetts Automobile Insurance Policy or another policy form, it is uncertain whether you can recover for the diminished value caused to your vehicle, as such policies may contain different policy language and exclusions. The SJC ruling stated that when making a claim against the other driver’s policy, the burden of proof is on the claimant to show that (i) a vehicle suffered diminished value even after being fully repaired, and (ii) the amount of any such damages. If you are in an accident and the at-fault party has a Massachusetts policy that is based on the 2008 edition of the Standard Massachusetts Automobile Insurance Policy, you may be able to recover for the diminished value caused to your motor vehicle if you can establish such damages. In October 2021, the Massachusetts Supreme Judicial Court (SJC) issued a decision saying for the first time that the diminished value caused to your vehicle by a collision with another vehicle may be recoverable from the at-fault party for claims filed involving the 2008 edition of the Standard Massachusetts Automobile Insurance Policy. Is my insurance company required to pay me for the lost or “diminished” value of my vehicle afte This would be as a customer service, but they are not required to do so. There may be situations in which your company decides to return your deductible to you. Without the endorsement attached to your auto policy, there is no requirement that the company waive your deductible, regardless of any at-fault or not at-fault findings. While most insurance companies use the same Waiver of Deductible Endorsement, you should check with your carrier as to the particular language of your endorsement. You are entitled to recover in court against an identified person for some reason other than those listed above. However, the deductible would not be waived if the operator of your covered auto under this Part was also convicted of one of the violations.Ĥ. Any similar violation of any similar law of another state in which the accident occurs. Operating at an excessive rate of speed.ĭ. Driving the wrong way on a one-way street.Ĭ. Operating while under the influence of alcohol, marijuana or a narcotic drug.ī. The operator of the other auto was convicted of any of the following violations:Ī. Your auto was struck in the rear by another auto moving in the same direction and owned by an identified person.ģ. Your auto was legally parked when it was struck by another auto owned by an identified person.Ģ. If you have a Waiver of Deductible Endorsement added on your policy and meet the criteria as outlined in the endorsement your company will waive your deductible if certain requirements are met. My car was totaled and a rental car was approved by my insurance company, but they are now askin If you disagree with the amount the company is offering, you can attempt to negotiate, but remember, the vehicle has to be of like kind and quality. Insurance companies can pick their own sources form which they derive their “total loss equations” from, such as NADA and Kelly Blue Book, and you have the right to ask the insurance company for their sources. If your vehicle has a high value because of its great condition such as an antique, classic, or restored auto, you should have it appraised and then insure it for the amount the appraisal says the vehicle is worth. Your company also considers if your vehicle is worth less because of damage that happened to the vehicle before the accident which the appraiser finds or for which a claim has been paid and how much it would actually cost to buy an available vehicle of like kind and quality. Your vehicle's value is determined by the following factors: the retail value for a vehicle of a similar type (also known as a “like kind”) and condition before the accident and the price you paid for the vehicle plus the value of any improvements that had been made to the car. When your vehicle is a total loss, your insurance company will pay you only the “actual cash value” of the vehicle as of the date of the accident, not the cost to replace it. If your vehicle is declared a total loss this means that the cost to repair the car exceeds the current value/worth of the vehicle.
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