Can you file a DV claim against your insurance company in Washington state?
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I was recently involved in minor auto accident. I was hit, but the other driver claimed that I hit her. The police report was neutral as to who was at fault. My insurance company first sided with the other driver's version of the story and did not agree with what I had to say and seem to place the accident as my fault without giving my any details how they concluded the fault assignment when I asked for one. I was furious and demanded that they look at the picture which clearly showed I was hit instead. Autobody shops agree my car was clearly hit. My insurance company's indepent appraiser also agreed that the damage from both car clearly showed my car was hit. My insurance company finally decided to re-evaulate damages to both cars and their management team now sided with my side of the story and have agreed to place the accident as not at fault on my record (I have e-mails for my correspondences). However, they will not go after the other insurance company for my deductible saying they do not have enough to be succesful. I want to file a diminished value claim because my car is a 2008 bmw 535i and currently worth about $35K, but with the accident, I will not get anywhere close to it. Am I allowed to file a DV claim against my own insurance company in the state of Washington?
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Answer:
What you should do first is read your insurance policy and understand just the collision coverage actually covers. I find no coverage for diminished value so I would say you can not file such a claim against your company. However if you had a policy covering the replacement value you would receive a new 2012 Mercedes if your car was totaled.
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