How do I submit a diminished value claim to an insurance company in Missouri?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Diminished value refers to the difference between a vehicle’s fair market value immediately before an accident and its value right after repairs. Missouri law recognizes that even a perfectly repaired car can carry a stigma that lowers its resale value.

Follow these steps to submit a diminished value claim in Missouri:

  1. Review Your Policy. Examine your auto insurance policy for coverage terms, deadlines, and any appraisal clauses.
  2. Determine Pre-Accident Value. Use guides like Kelley Blue Book or NADA, or hire a certified appraiser to establish your vehicle’s market value before the accident.
  3. Collect Repair Documentation. Gather all repair invoices, shop estimates, photographs of the damage, and proof that repairs met OEM standards.
  4. Draft a Demand Letter. Write a clear letter to your insurer stating the diminished value amount you seek. Attach your valuation report and repair records.
  5. Invoke Appraisal if Needed. If the insurer disputes your figure, request appraisal under Missouri’s insurance code: RSMo § 379.203 (link).
  6. Submit Your Claim. Send the demand letter and all supporting documents to your insurer’s claims department via certified mail. Keep copies of everything.
  7. Negotiate in Good Faith. Missouri requires prompt, fair, and equitable settlements: RSMo § 375.1004 (link). Be ready to discuss and adjust your demand.
  8. Consider Mediation or Lawsuit. If negotiations stall, you can seek mediation through the Missouri Department of Insurance or file a breach-of-contract suit. Note the five-year statute of limitations for contracts: RSMo § 516.120.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

Helpful Hints

  • Start early to meet policy deadlines and avoid lost rights.
  • Keep a detailed log of all communications with your insurer.
  • Use certified mail or email read receipts to document submissions.
  • Consider hiring an independent appraiser for an unbiased valuation.
  • Explore Missouri’s free mediation services before taking legal action.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.