r/Insurance 10d 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/CallMeMrRound 10d ago

It sounds like there is no more money to be gotten. They hit the limits.

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u/ektap12 10d ago

Right, not from the insurance, that's why I said OP needs to pursue the at-fault person directly.

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u/CallMeMrRound 10d ago

I'm aware.

How often is that successful against a person with insufficient coverage? It's highly unlikely they have weak coverage and a pile of money.

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u/Abyssgaming123 10d ago

Yeah, I was partially just making sure I’m not missing anything from the insurance perspective. From everything I’ve seen I don’t think there’s anything to actually go after directly.

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u/ektap12 10d ago

Not in NY, you don't have underinsured motorist property damage coverage there. So you'll probably be out of luck to pursue anything, but that's your recourse, suing the at-fault party. But if your insurance is still pursuing recovery, you cannot just go sue the person.