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Damage to your vehicle or belongings is what is called a property damage claim. The diminished value of your vehicle is Property damage. On a practical note, this is important to recognize because for this aspect of your claim you will likely be dealing with a property damage adjuster from the insurance company and not an injury adjuster, knowing this will help you to direct your claim to the proper person. All it will take is a telephone call to the insurance company to ask them who the property damage adjuster is handling your file.
When faced with the insurance adjuster who says: "Maryland does not recognize the right to claim Diminished Value." Or another who says "We do not honor Diminished Value Claims." You can say, "The Courts in the State Of Maryland Disagree." and then point the adjuster to the information below.
A Brief Primer On The Law of Diminished Value
What forms the legal basis for the claim of Diminished Value could be a subject for a three hour Law School lecture and many personal injury lawyers have...
DO YOU NEED A LAWYER?
If you are injured and require ongoing medical treatment, you should consider hiring a Maryland Personal Injury Lawyer to fight for your rights. Studies indicated that cases where a Lawyer is involved settle for 40% more than cases where the victim represents himself.
Insurance companies have professional adjusters who’s job it is to settle injury claims for as little as possible. They hone their skills daily. If you have a significant injury, are you prepared to stake your future on your negotiating skills against the professionals? Most good personal injury lawyers offer a free initial consultation. Take advantage of this and discuss your case with a lawyer. Click Here for advice on choosing the right Maryland Personal Injury Lawyer.
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FRED FREDERICK MOTORS, INC. v. WILLIAMS E. KRAUSE t/a K & K Trucking Company, 12 Md.App.62, 277 A.2d 464.
The Court OF Special Appeals of Maryland held: "Therefore, if the plaintiff can prove that after repairs his vehicle has a diminished market value from being injured, then he can recover in addition to the cost of repairs the diminution in market value."
In Reichs Ford Road Joint Venture v. State Roads Comm’n of the State Hwy. Admin., 880 A.2d 307 (Md. 2005), the court determined that diminution of value was appropriate as a measure of damages in a condemnation case.
Maryland Civil Pattern Jury Instructions
Jury instructions are read by a judge to a jury near the completion of a trial. They are rules and summary of laws that are designed to guide a jury in their deliberations. The fact that Maryland has a jury instruction specific to a claim of Diminished Value is good evidence that the Maryland Courts recognize Diminished Value as an element of damage. The instruction reads:
"In those cases where the damaged property has been repaired but its fair market value nevertheless has decreased, the plaintiff may recover the difference between the fair market value of the property before the damage and after the repair." MPJI-cv 10:21
Restatement Of Torts
The Restatement Of Torts, though not Maryland specific, is akin to the bible of tort law. It forms the basis for many State specific rules and laws. The Restatement of Torts § 928 states as follows:
“ Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for: (a) the difference between the value of the chattel before the harm and the value after the harm, or at the plaintiff’s election, the reasonable cost of repairs or restoration where feasible, with due allowance for any difference between the original value and the value after repairs.”
site to teach you why a claim for Diminished Value can be made, but it is important that you have some basic information at hand when making the claim.
Many claim adjusters are either ignorant of the right to claim Diminished Value or fake ignorance. Some will go so far as to claim expertise and tell you a Diminished Value claim cannot be made in the State of Maryland.
With the information below, you should be able to at least point the insurance adjuster in the correct direction when faced with a challenge to the legal right to make a Diminished Value claim.
The first thing to recognize is that the claim for diminished value is a component of a property damage claim. When you are involved in a car accident, there are many elements of damage that arise. Injury, pain, suffering and inconvenience are related to what is called Bodily Injury claims.
What forms the legal basis for the claim of Diminished Value could be a subject for a three hour Law School lecture and many personal injury lawyers have successfully litigated this very issue. It is not the purpose of this