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(Disclaimer: The information provided on this site does not constitute legal advice. It is provided solely for use as a reference. If you need legal advice, you may wish to consult an attorney.)
[Your name and address here]
Via: Farmer’s National Document Center
PO Box 268994
Oklahoma City, OK 73126-8994
RE: Claim Number: [your claim #]
Dear [Farmers person],
I hope this letter makes its way to the correct person; you are now the seventh Farmers person I have been referred to in trying to resolve my property damage claim.
This letter is in response to my inability to collect Diminished Value damages occurring as a result of an accident where the person insured by Farmers was at fault. This letter is an attempt to clearly state why I believe I am owed Diminished Value, and why we believe the denial letter sent by Farmers is wrong in its conclusion.
After much disagreement with Farmers personnel on whether or not Diminished Value is owed in my case, it became evident that Farmers’ denial was based off their belief that the repairs restored the vehicle to its pre-accident condition, whereas my position was that the vehicle suffered a loss of market value regardless of the completeness of the repair (a concept known as “Inherent Diminished Value”) because a potential buyer has to accept more risk in buying a car which has been in an accident over a car which has not been in an accident, and this would affect the amount a potential buyer would be willing to pay for my car.
Just to be clear, and for the record, I am not contesting the quality of repairs performed on the vehicle and I am NOT seeking any damages related to any incompleteness of repair; I believe the car was repaired as well as can be repaired in the aftermarket. My attempt to recover Diminished Value is solely based on the Inherent Diminished Value sustained as a result of the accident, which according to the report sent to Farmers (by Diminished Value of Texas) was a $4,855.00 loss.
In the interests of avoiding an otherwise unnecessary lawsuit against the insured, I hope that when Farmers is determining whether or not Inherent Diminished Value has occurred in my case the following two factors be deeply considered:
The Farmers representatives I have spoken with to date have only defended their position by stating how customers SHOULD act in their purchasing decisions, not how they actually DO act or HAVE acted in the marketplace. I would be MORE THAN HAPPY to consider ANY relevant factual evidence that Farmers is using to arrive at their position; however, to date Farmers has refused to provide anything other than baseless conjecture and merely keeps repeating that there is no Diminished Value.
I hope Farmers understands that given the above reasons why Inherent Diminished Value so clearly exists in my case, if reasonable accommodation for damages suffered is not made, I will have no choice but to file suit where I will seek full relief for damages to include the cost of the expert Diminished Value witness.
I look forward to hearing from you and resolving this matter quickly and without further depletion of anyone’s time.
With respect and kind regards,
[your name here]
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