Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Oregon law, a diminished value claim seeks compensation for the loss in market value that a vehicle suffers after a covered accident. You can file this claim against the at-fault driver’s insurer or, in limited circumstances, your own carrier. Follow these steps to submit a complete diminished value claim:
- Confirm Your Eligibility
Determine whether you can pursue a diminished value claim. In a third-party claim, you may recover the difference between your vehicle’s pre-accident and post-repair market value. If you deal with your own insurer, check whether your policy language permits diminished value recovery. - Obtain a Professional Appraisal
Hire a qualified auto appraiser to assess your vehicle’s market value before the crash and after repairs. The appraisal report should include comparable sales data, vehicle condition notes, mileage, equipment, and local market analysis. - Gather Documentation
Compile all relevant records:- Certified appraisal report
- Repair invoices and parts lists
- Repair shop estimates
- Pre- and post-accident photos
- Notify the Insurer
Contact the claim representative for the at-fault party’s insurer. Provide your claim number, policy details, and a cover letter stating that you intend to pursue a diminished value claim. - Submit Your Written Claim
Send your claim package by certified mail or another trackable method. Include:- Your contact information and claim number
- Signed appraisal report
- Repair estimates and invoices
- Demand letter stating your diminished value calculation
- Monitor the Insurer’s Response
Under Oregon’s unfair claims settlement statute, insurers must acknowledge and respond to claims promptly. See ORS 746.230 (prohibiting unreasonable delays) and the general definitions in ORS 742.006. - Negotiate or Appeal
Review the insurer’s offer. If the amount falls short of your appraisal, send a rebuttal letter with supporting evidence. If the insurer denies or undervalues your claim, you can:- Invoke any appraisal or arbitration clause in the insurance policy
- File a complaint with the Oregon Division of Financial Regulation: dfr.oregon.gov
Helpful Hints
- Keep dated copies of every letter, email, and estimate.
- Use certified mail or a courier service for all submissions.
- Take clear, high-resolution photos of vehicle damage before and after repairs.
- Consider hiring an experienced auto damage appraiser or consultant.
- Track Oregon’s statutory deadlines for claim acknowledgment and payment.
- If you hit a roadblock, research mediation or small claims court for disputes under $10,000.