How Road Conditions Play a Role in Truck Accidents

If you’ve been in a car accident in Phoenix, Arizona, you have a lot to deal with, including fixing your car. Unfortunately, your car won’t be worth as much after the accident, but you may be entitled to compensation to offset your vehicle’s diminished value. 

Steps to Take Immediately After the Accident

Immediately after a crash, car accident victims should take the following steps to strengthen their claim and protect their rights:

  • Gather any evidence related to the accident from the accident scene, especially photos of damage to your car
  • Get proper medical treatment and follow up with any rehab your doctor orders
  • Don’t post about the accident on social media
  • Keep any documents such as police reports or auto repair bills

Dealing with Insurance Companies

Arizona is an at-fault state for collisions, so you will file your car accident claim with the other driver’s insurance company. Of course, no auto insurance company is eager to make payouts, so having an excellent car accident lawyer is essential. Your lawyer can advocate for your rights when dealing with the insurance company. For example, if you’re filing an Allstate diminished value claim, your attorney can provide Allstate with everything it needs to honor the true value of your claim.

Choosing the Right Repair Shop

Don’t just choose the least expensive repair shop you can find. No matter what, your car will lose value after a motor vehicle accident, and using a bargain basement repair shop can reduce the value of your vehicle even more. Using aftermarket parts and making poor-quality cosmetic changes, such as to the paint job, will do nothing to increase the value of your vehicle. Always use a recognized, professional auto repair shop to avoid repair-related diminished value.

Understanding Diminished Value Claims

In car accident claims, there are three types of diminished value:

  • Immediate diminished value is the difference between the car value before the accident and immediately after the accident.
  • Repair-related diminished value is the difference in the car’s value due to imperfections in the repair.
  • Inherent diminished value is the difference to the car’s value after an accident, even if all the repairs were of the highest possible quality.

Arizona has a two-year statute of limitations on a diminished value claim, and you cannot make such a claim if the accident was your fault.  

If you’re wondering how to file a diminished value claim in Arizona, here are the steps you need to take:

  • Determine the value of your vehicle before the accident based on its make, model, and condition.
  • Contact a personal injury lawyer to help you pursue your car accident case.
  • Hire an appraiser to determine the car’s value and assess the inherent diminished value as well as any repair-related diminished value. 
  • File your diminished value claim with your attorney’s help.

It’s important to note that you don’t have to intend to sell your vehicle to file a diminished value claim in Arizona. In Oliver v. Henry, an Arizona appeals court found that Oliver was entitled to the diminished value on his damaged vehicle even though he didn’t intend to sell it.

Contact Our Phoenix Car Accident Attorney for Help

If your car has been damaged in an accident, you need the help of a Phoenix, AZ, car accident law firm like Silkman Law Firm Injury & Accident Lawyer. Our experienced auto accident attorney will help you pursue the compensation you’re entitled to. Contact us today for a free initial consultation with our Phoenix car accident lawyer.


Author: Alex Silkman

Alex Silkman is the founder and managing member of Silkman Law Firm Injury & Accident Lawyer. He focuses exclusively on personal injury and wrongful death cases, with the goal of getting truly just results for accident victims and their families.