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Yorba Linda, CA asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California

Q: Insurance undervaluation of vehicle post-auto accident.

In an auto accident case, the insurance company underpriced my 2006 Chevy Silverado 2500HD LT3 Duramax crew cab by using incorrect comparable vehicles in their valuation, listing characteristics that don’t match mine, like a gas engine and smaller bed size, resulting in a value of $17,000. I believe the rule requiring comparable vehicles from my local area should protect consumers from undervaluation, not prevent finding better markets where higher values could be attained, such as those back east selling for $42,000 to $45,000. Is my understanding correct, and how can I address this discrepancy?

2 Lawyer Answers

A: Sometimes you need to provide them with evidence that their valuation is not correct. Send them all the reasons you disagree with them including a Kelly Blue Book screenshot along with some local classified ads and ask them to reconsider. The few times I have done that it was successful. You also might be able to get diminution of value against the driver responsible but that requires some upfront money to hire and expert to give their expert opinion about your loss of value due to the accident. Good luck to you... TED

James L. Arrasmith
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Answered

A: What you’re dealing with is incredibly frustrating, especially when the value of your vehicle is being misrepresented by using the wrong comparisons. You’re absolutely right to question the fairness of using vehicles with different specifications—like a gas engine or smaller bed size—to value a Duramax diesel truck like yours. That’s not just misleading, it undermines the true worth of what you lost.

Your understanding of the “local market” rule is correct in spirit—the rule is supposed to protect you from being lowballed by ensuring the valuation reflects real, local prices. However, it shouldn't be used to exclude higher-value comps from nearby or even national markets when those vehicles better match your make, model, and trim. If trucks like yours are regularly selling for \$42,000 to \$45,000 elsewhere, that’s relevant information—especially if similar listings don’t exist locally. It shows a fair market value that the insurer is obligated to consider if they want to be accurate.

You can challenge their valuation by gathering your own comparables—matching trim, engine type, mileage, and features—and submitting a formal rebuttal. Be detailed and organized. If they refuse to adjust, you can file a complaint with your state’s insurance department or seek help through small claims court. You’re not asking for anything extra—you just want what your truck is truly worth. Keep standing your ground.

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