Detailed Answer
Under South Carolina law, you may recover diminished value—the difference between your vehicle’s fair market value before the accident and its value afterward. To strengthen your claim, gather clear, well-documented evidence showing both pre-accident and post-repair values. Though no specific statute names “diminished value,” insurers must act in good faith under SC Code Ann. §38-59-140 (SC Unfair Claim Settlement Practices).
Key evidence types include:
- Pre-Accident Appraisal: Obtain an independent appraisal from a certified appraiser or dealership. This report establishes baseline market value.
- Post-Repair Inspection Report: Secure a detailed inspection showing repairs, replaced parts, paint mismatches, and any structural work. Use a licensed auto body professional.
- Repair Invoices and Estimates: Collect all itemized estimates and final invoices. These documents highlight the scope and cost of repairs.
- Comparative Market Analysis: Research sale prices of similar vehicles (year, make, model, mileage) from reputable sites or local dealerships.
- Vehicle History Report: Use Carfax or AutoCheck to document the accident entry. A branded history report can significantly impact market value.
- Expert Opinion: Engage an independent appraiser or automotive economist. A supporting affidavit or testimony can carry weight in negotiations or litigation.
- Photographic Evidence: Photograph all damage before repair, during repair stages, and after completion. Include wide shots and close-ups.
- Title and Branding Documents: Show if the state issued a salvage, branded, or rebuilt title, as this directly affects value.
Gathering and organizing this evidence builds a persuasive record. Present clear, side-by-side comparisons of pre- and post-accident values. Submit reports and invoices in a logical order, with a cover letter explaining your calculation of diminished value.
Helpful Hints
- Start your evidence collection immediately after the accident.
- Keep originals of all repair estimates and invoices.
- Use certified professionals for appraisals and inspections.
- Obtain multiple market valuations for comparison.
- Document communication with your insurer in writing.
- Keep a timeline of every step you take toward settlement.
- Consider consulting an attorney if the insurer denies your claim or offers an unreasonably low amount.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.