Mazow | McCullough, PC Achieves Victory for MA Consumers
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Salem Law Firm Mazow | McCullough, PC Achieves Victory for Massachusetts Consumers in Diminished Value Claims

Diminished Value ClaimsEveryone can relate to the frustration of owning an automobile, taking care of the vehicle, and then watching the value of that vehicle drop when it is involved in a car accident. Up until now, automobile insurers in the Commonwealth of Massachusetts have refused to pay consumers for these damages on third-party claims.

Here’s how Mazow | McCullough, PC got involved on behalf of Commonwealth consumers and their subsequent victory for communities across Massachusetts.

Attorney Kevin J. McCullough Fights for IDV Damages

Attorney Kevin J. McCullough, a founding partner at Mazow | McCullough, PC saw case after case of insurance companies refusing to pay damages for the Inherent Diminished Value (IDV) of a vehicle after a collision.

On May 5, 2021, Attorney McCullough took the fight to the Massachusetts Supreme Judicial Court (SJC), the highest court in the state. There, he presented his argument to the Court for consideration.

McCullough – and Massachusetts Consumers – Win

On October 19, 2021, the SJC published its unanimous decision in support of Attorney McCullough’s argument and concluding that the standard Massachusetts insurance policy requires automobile insurers to pay third-party claims for IDV damages where the consumer has suffered and can prove those IDV damages.

This is a massive victory for Massachusetts consumers who suffer these damages when their vehicles are damaged and repaired due to someone else’s fault.

Frequently Asked Questions (FAQ) About IDV

What is “IDV”?

IDV refers to inherent diminished value, which is the loss in market value or resale value that a vehicle suffers after it is damaged in a collision, and subsequently repaired.

Are IDV damages different from the physical damage that a vehicle suffers in a collision?

Yes. The physical damage is different and separate from the potential IDV damage. Physical damage gets repaired with the intention of putting your car in the same condition that it was prior to the collision. IDV damages are for the loss in resale value after an accident.

When does the change in the law take effect? Can I recover IDV damages for a collision that happened before the recent SJC decision?

The recent SJC decision solidifies the obligations of the automobile insurance companies as of October 19, 2021. Anyone involved in a collision where your motor vehicle is damaged due to someone else’s fault moving forward after this decision has the ability to prove their IDV damages to the at fault driver’s insurance company.

In addition to that, there is the potential to recover IDV damages for collisions before the decision, however those claims must be presented to the insurance company within the applicable statute of limitations time period.

How do I measure or prove my IDV damages? What material or information do I need to show to the insurance company?

IDV damages can be established by reviewing the property damage appraisal (along with any supplements) prepared by the insurance company. Other resources such as Carfax, NADA and Kelley Blue Book may also be helpful.

Who do I go after to get my IDV damages after a collision?

To collect IDV damages, present a claim against the at fault driver’s automobile insurance company just like you would for physical damage. The process for recovering IDV damages is the exact same as for recovering physical damages. The SJC’s decision in the McGilloway vs. Safety case now allows you to recover those additional damages.

Can I recover IDV damages if I’m at fault for a collision?

No. You can only recover IDV damages if you are not at fault for the collision and resulting damages.

Contact Mazow | McCullough, PC to Start Your IDV Claim

After a car accident, you need the maximum amount of compensation available in your case to move forward. If you have any questions regarding establishing your IDV damages, please contact Attorney McCullough at (978) 744-8000.

About Kevin J. McCullough

Attorney Kevin J. McCullough is a founding partner at the law firm of Mazow | McCullough, PC. Attorney McCullough, and his partner Attorney Robert E. Mazow, represent clients suffering serious injuries and families who have lost a loved one in a wrongful death due to someone else’s fault or negligence.

Additionally, Kevin and Robert represent consumers who are wronged and/or suffer damages in class action litigation. For over 20 years, Mazow | McCullough, PC has fought for the rights injured people, families, and consumers, battling the largest corporations and insurance companies.

For more information or to book a free consultation, call Kevin & Robert at (978) 744-8000 or visit their website at

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