Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Submitting a diminished value claim in Nebraska means asking an insurance company to compensate you for the loss in market value your vehicle suffered after a covered accident. Follow these steps to prepare and submit a strong claim under Nebraska law.
1. Determine If You Have a Diminished Value Claim
In Nebraska, courts recognize that a repaired vehicle can be worth less than an equivalent undamaged vehicle. If an accident was not your fault or you carry collision coverage, you may have the right to recover diminished value.
2. Inspect and Document Your Vehicle’s Condition
Before and after repairs, document all damage. Take clear, timestamped photos of every affected panel and the odometer. Keep repair invoices and estimates from a licensed Nebraska repair shop.
3. Obtain a Professional Diminished Value Appraisal
Hire a qualified appraiser to prepare a diminished value report. The appraiser will use recognized methods—such as the 17c formula or market-based approaches—to estimate your vehicle’s post-repair value deficit.
4. Review Your Insurance Policy and Nebraska Statutes
Check your auto policy for collision coverage or first-party claims language. If you pursue a third-party claim against at-fault driver’s insurer, cite Nebraska’s unfair claims practices statute, Neb. Rev. Stat. §44-1526, which prohibits unreasonable delay or refusal to pay valid claims.
5. Draft and Send a Formal Claim Letter
Write a clear demand letter to the insurance adjuster. Include:
- Your policy or claim number.
- Date and details of the accident.
- Photos of damage and repair receipts.
- A copy of the professional diminished value appraisal.
- A specific demand amount.
Send the letter via certified mail with return receipt requested.
6. Communicate and Negotiate
After the insurer receives your demand, follow up within two weeks. Be prepared to negotiate. Provide any additional documentation promptly. Keep all communication in writing.
7. Escalate if Necessary
If the insurer denies your claim or offers an unreasonably low amount, you can:
- File a complaint with the Nebraska Department of Insurance.
- Pursue mediation or appraisal under your policy (if available).
- Consult an attorney and consider filing a civil action.
Helpful Hints
- Keep detailed records of all interactions and expenses.
- Get at least two repair estimates to compare costs.
- Use a licensed Nebraska appraiser familiar with local market values.
- Review your policy’s appraisal or dispute resolution clause.
- Stay within any policy deadlines for filing claims.