Car hit by uninsured driver… Diminished value claim ideas?

Back in February, I got rear-ended by an unlicensed, uninsured, drunk driver. The repairs on my 2021 Jeep Wrangler Rubicon were about $7800, which Geico covered pretty quickly. I’m in California, and my car’s registered here.

Now I’m considering trading my car, but the accident history is lowering its value. Since the other driver had no insurance or license, is there anything I can do to get back some of the diminished value? Is it possible through my own insurance or some other way? Haven’t had to deal with this before, so any advice is appreciated.

Only Georgia has something for getting back diminished value in your own coverage.

You could try to sue the other driver, but even if you win, collecting from them might be hard.

Charlie said:
Only Georgia has something for getting back diminished value in your own coverage.

You could try to sue the other driver, but even if you win, collecting from them might be hard.

Honestly, even in Georgia, if your car is five years old, it wouldn’t be much.

Only a few states let you claim diminished value under uninsured motorist coverage, but I think in California, you probably used your collision coverage. Not much you can do here.

In California, you can’t file for diminished value with your own insurer. If the other driver had no insurance, your only option is suing them. You’d need to find the selling prices for Jeeps like yours that haven’t been in accidents and compare those to Jeeps with a similar accident history. Then you’d have to convince a judge of the value difference, win the case, and then figure out how to actually collect from them.

@Zion
So basically, you’re out of luck.

Finley said:
@Zion
So basically, you’re out of luck.

Pretty much. If they couldn’t afford insurance, they’re unlikely to have money for a judgment, even if you win.

I used a company called C.A.S.E. to handle a diminished value claim for me. I know someone said it’s not possible, but that’s not true. For my case, they only charged me once they settled with the insurance, and I got about $3920 after their 30% fee. If you’re interested, I can share the rep’s info with you. There’s a three-year limit on filing, so you might still be within that timeframe.

@Jody
Did you go through your own insurance?

Mai said:
@Jody
Did you go through your own insurance?

Yeah, I think so. They check if the other driver is at fault first to see who pays out. If you want, I can send you the rep’s info; they didn’t charge me upfront, just took their fee after the settlement was done. I think they only do this in California, though.

@Jody
Although, I think this only works if the other person’s at fault. My accident wasn’t my fault, so maybe it wouldn’t apply if I had been at fault.

@Jody
Got it, I haven’t had an accident. But yeah, first-party diminished value isn’t really a thing outside Georgia, so it would probably need to be the other driver’s policy.

Mai said:
@Jody
Got it, I haven’t had an accident. But yeah, first-party diminished value isn’t really a thing outside Georgia, so it would probably need to be the other driver’s policy.

Yeah, sounds like it’s only if the other person is responsible.