How to Prove the True Vehicle Value in Your Auto Insurance Claim

The key issue in a property damages dispute is proving value. This post explains how one establishes value in an automobile property damages case.

South Carolina law allows owners to provide testimony as to the value of their own property.

This principle is set forth in the S.C.L.R. v. HARRELSON JR. 262 S.C. 43 (1974) case.  Therefore, you should provide a written opinion on your vehicle's value as part of your insurance claim.

Insurance adjuster's typically attach little weight to an owner's testimony about value. This is because most people have no significant experience buying and selling used vehicles. On the other hand, the insurance company employs people whose only job is figuring out car value. Or they have software databases that spit out the valuation data to adjusters that lack deviation authority.

Fortunately, thorough research is available to you online. Be careful and accurately input data about your vehicle to obtain an estimated value document of your own. 

Edmunds True Market Value Estimator

Kelly Blue Book

Print these reports and send them to the adjuster for the claim file. 

If you have something unique about your car that increases its value upwards from the online estimators, you need to show why it has an enhanced value. Think about what makes the vehicle special. Gather repair receipts, pictures, or comparable vehicle prices in your area to make your point and submit them. 

You will also need an expert witness to prove this kind of case. South Carolina allows expert opinions in court:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

Rule 702 (TESTIMONY BY EXPERTS).  

The best experts are not fancy college professor types. Vehicle experts include, but are not limited to, the following:

• Used car sales people;
• Mechanics;
• Car club presidents; etc.

Do you have any friends of family with this expertise? I recommend you obtain an opinion from your expert. If he agrees with your views of the enhanced valuation, make a recorded video statement. The video doesn't need to be slick. Just use a cellular telephone to make a simple recording.  (See link.) 

Before starting the recording, your friend needs to review your online research about value, examine your vehicle, review your pictures, and check your repair receipts.  

When you make the recording use this outline:

1. Ask your friend if he has an opinion of the value of your vehicle before the collision. (Yes)
2. Ask your friend to provide his name, address, telephone number.
3. Ask your friend briefly explain his expertise. 
4. Ask him for his opinion on the value. ("I think that car was worth at least $xx,xxx").
5. Ask him to review the research he did to arrive at the opinion.
6. Ask him if he would testify under penalty of perjury about the opinion. 

Make sure your friend has notes so he can deliver his video statement concisely and quickly. It wouldn't hurt to practice first. Then, submit the statement to the adjuster.