Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Nebraska attorney for guidance on your specific situation.
Detailed Answer
After a car accident in Nebraska, you can recover not only the repair costs but also the diminished market value (DMV) of your vehicle. Diminished market value refers to the loss in resale value a vehicle suffers even after it has been fully repaired. Under Nebraska law, the measure of damages for property harm includes the diminution in market value before and after the injury. See Neb. Rev. Stat. § 25-804.
1. Determine Pre-Accident Market Value
Gather sources to establish your car’s fair market value immediately before the crash. Common methods include:
- Online pricing guides such as Kelley Blue Book or NADA Guides.
- Local dealership trade-in values.
- Comparables: Listings of vehicles with similar make, model, year, mileage, and condition.
2. Determine Post-Repair Market Value
After completing repairs, research the fair market value of your vehicle in its repaired condition. Use the same sources you used for pre-accident value. Make sure to adjust for any remaining imperfections or warranties expiring sooner because of the accident history.
3. Calculate Diminished Market Value
Subtract the post-repair market value from the pre-accident market value:
DMV = Pre-Accident Value – Post-Repair Value
If the result is positive, that number is your diminished market value claim.
4. Documenting Your Claim
Proper documentation strengthens your demand for DMV. Include:
- Appraisal Report: A written appraisal from a licensed vehicle appraiser that opines on diminished value.
- Repair Invoices: Itemized bills showing parts, labor, and details of work performed.
- Photographic Evidence: Before-and-after photos of damage and completed repairs.
- Comparable Listings: Printouts or screenshots of similar vehicles for sale.
- Expert Statements: A letter from a mechanic or body shop attesting to the quality of repairs and any residual issues.
Helpful Hints
- Obtain multiple value estimates to avoid insurer disputes.
- Keep detailed logs of all communication with the insurance company.
- Consider hiring an independent appraiser familiar with DMV methodologies.
- Include warranty or service history when gathering pre-accident evidence.
- Present your documentation in a clear, organized demand package to your adjuster.