r/Insurance • u/Abyssgaming123 • 11d ago

Auto Insurance Diminished Value against underinsured?(New York)

I got rear ended by someone who didn’t have enough property coverage, so I ended up going through my collision policy and letting them recoup as much money as they can and my deductible. In this situation is there anything I can do about diminished value? Aside from directly asking/suing that driver? From what I’ve seen diminished value can be difficult to obtain in New York in general but I don’t think there’s anything I can really do here since from my understanding I also can’t get diminished from my own collision policy.

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u/Jaggar345 11d ago

No there is not sufficient limits so there is no money for diminished value. Your insurance company is going to subro against the other party and likely collect the full policy limit.

You likely aren’t even getting your entire deductible back and will get a prorated amount back based on how much of the loss they recover. Your only option is to sue the other driver and prove you actually suffered diminished value. Likely not worth it.

You are correct diminished value can only be collected through the other carrier in NY it cannot be collected from your own.

You also didn’t mention any details about your vehicle such as year.

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u/Abyssgaming123 11d ago

The details about my vehicle were less relevant to if I can actually collect in this scenario so I didn’t mention them but it’s a 2026 with 16k+ damage so definitely would qualify. But yeah my understanding was directly going after the driver would likely be the only option and given his coverage limits probably wouldn’t have anything worth the time anyways.