Updated: Jan 18
Aircraft damage can have lasting financial consequences, even after repairs are completed. Two of the most significant impacts are diminished value, the permanent loss in your aircraft’s market value, and loss of use, the financial burden of being unable to operate your aircraft during repairs. These issues can severely affect your investment, and insurance companies often undervalue or challenge these claims, leaving owners at a disadvantage.
Attorney Kayla Sheldrick understands how incidents can result in both immediate and long-term financial losses. Whether it’s a private jet, helicopter, or commercial aircraft, the loss of use can disrupt your operations, reduce revenue, and force additional costs. These challenges are compounded when insurers fail to provide fair compensation, making it essential to work with an experienced airplane loss of use lawyer.
At The Sheldrick Law Firm, we focus on representing clients with aviation property damage claims and aircraft accident claims in Florida, New Jersey, and New York. From private jet damage claims to guiding clients through helicopter diminished value and loss of use, we have the ability to navigate these complex cases.
If your aircraft has been damaged, don’t let insurers undervalue your claim. Contact The Sheldrick Law Firm today. With experience in aviation diminished value and loss of use claims, we’ll work hard to ensure your investment gets the protection it deserves. Your aircraft matters and so does your recovery.
FREE CONSULTATION CALL (561) 440-7775
When your aircraft sustains damage, the financial impact often extends far beyond repair costs. Two critical aspects to consider are diminished value and loss of use, both of which can significantly affect your bottom line.
Diminished value refers to the permanent reduction in your aircraft’s market value after it has been damaged, even if repairs return it to a fully functional state. Buyers and appraisers often view an aircraft with a history of damage as less desirable, regardless of the quality of repairs. This is particularly true for high-value assets like private jets, helicopters, and commercial planes.
Inherent Diminished Value: The loss in value simply because the aircraft has a damage history.
Repair-Related Diminished Value: Any loss caused by incomplete or lower-quality repairs that fail to restore the aircraft fully.
Immediate Diminished Value: The initial loss in market value immediately following an incident, before repairs are even made.
For aircraft owners, this reduction in value can result in substantial financial losses, especially when the aircraft is used as a business asset or is part of a commercial fleet.
Loss of use occurs when your aircraft is grounded due to damage, preventing you from using it for personal or commercial purposes. This downtime can result in significant financial and operational burdens.
Business Revenue Loss: Commercial aircraft owners may lose income from canceled charters or disrupted flight schedules.
Additional Costs: Private owners and operators may need to rent a replacement aircraft to maintain operations.
Operational Downtime: Missed business opportunities or delays in personal travel due to the lack of an available aircraft.
Loss of use is not just about inconvenience; it’s a real financial cost that owners are entitled to recover through proper legal channels.
Many aircraft owners are unaware that they can recover compensation for both diminished value and loss of use. Unfortunately, insurance companies often downplay these claims, arguing that the aircraft has been repaired or that downtime doesn’t warrant significant compensation. This makes it critical to work with a legal professional who understands aviation law and can effectively advocate for your rights.
The first step in pursuing your claim is evaluating the full extent of damage to your aircraft. This involves identifying necessary repairs and assessing the broader impact on market value and functionality. Additionally, consider how the loss of access affects your ability to use or enjoy your aircraft—whether for flying, displaying, or simply appreciating its presence.
Obtain a Professional Appraisal
Hiring a qualified aviation appraiser is critical to establishing the diminished value of your aircraft. A professional appraisal considers factors such as the aircraft’s pre-damage market value, the nature of the repairs, and potential buyer concerns over damage history. This provides strong evidence to support your claim and counters attempts by insurers to downplay your losses.
Establish Loss of Use
Loss of use (LOU) goes beyond operational downtime, encompassing any period you are deprived of the benefits of ownership. For many, an aircraft is more than transportation—it’s a source of enjoyment, connection, and value. Any disruption in access, whether for operational or personal purposes, represents a compensable loss.
Under Florida law, you may recover damages for the time your aircraft is unavailable due to repairs, including:
Lost Revenue: Income lost from commercial use, such as charters.
Personal Enjoyment: Being unable to fly, showcase, or enjoy your aircraft.
Alternative Costs: Expenses for renting a substitute aircraft to maintain normal activities.
Florida courts affirm that loss of use damages apply even to non-operational or recreational property. In Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968), the court upheld compensation for owners deprived of access to their property, regardless of its active use. An experienced aviation attorney can ensure your claim reflects every facet of your loss and secures the compensation you deserve.
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Navigating the legal and financial complexities of diminished value and loss of use claims isn’t straightforward. Insurance companies often undervalue these claims or use tactics to delay payouts, leaving aircraft owners frustrated and out of pocket. This is where an experienced aircraft diminished value attorney becomes essential.
The aviation industry operates under a unique set of laws and regulations, making these claims far more complex than typical property damage disputes. An aviation property damage lawyer has the specialized knowledge to address:
Insurance policies designed to limit payouts for diminished value and loss of use.
Legal precedents that support your right to fair compensation.
The nuances of filing claims in Florida and New Jersey, where laws can vary.
Insurance providers often argue that repairs restore full value or that downtime doesn't justify compensation. Without legal representation, many aircraft owners accept settlements far below what they’re entitled to. An airplane loss of use lawyer ensures that:
All potential losses, including revenue interruptions and market devaluation, are accounted for.
Proper documentation, such as appraisals and repair records, is used to substantiate your claim.
You are positioned to negotiate or litigate effectively if the insurer denies or undervalues your claim.
At The Sheldrick Law Firm, we focus on securing maximum compensation for aircraft owners. We handle the legal complexities so you can focus on getting your aircraft back in the air.
Our devotion includes:
Recovering compensation for both personal and commercial aircraft owners.
Leveraging our knowledge as an aviation advocates to ensure no detail is overlooked.
Fighting for your rights when insurers fail to uphold their obligations.
In-depth knowledge in aircraft damage compensation and aviation law.
Dedicated service for clients in Florida, New York, and New Jersey.
Proven results in recovering tens of thousands of dollars from diminished value and loss of use claims.
Navigating diminished value and loss of use claims requires an in-depth understanding of aviation law and insurance practices. A general attorney may not have the experience to handle the complexities involved, such as interpreting aviation-specific policies or countering insurers’ attempts to undervalue your claim. An experienced aviation property damage lawyer ensures every angle of your case is thoroughly addressed.
Insurance companies often undervalue claims, offering settlements that fail to account for the full financial impact of the damage. A skilled aircraft damage compensation attorney knows how to:
Quantify both diminished value and loss of use accurately.
Present detailed evidence, such as appraisals, repair records, and loss of revenue calculations.
Push back against lowball offers or unjust denials to secure the compensation you deserve.
Filing a claim for diminished value and loss of use can be time-consuming and overwhelming. An attorney will handle the heavy lifting, including:
Gathering documentation like repair invoices, market appraisals, and usage logs.
Negotiating with insurance adjusters to advocate for your best interests.
Meeting all deadlines and ensuring compliance with legal and insurance requirements.
This allows you to focus on your aircraft’s repairs and getting back to normal operations.
If your insurer disputes your claim, delays payment, or outright denies it, you’ll need an aviation litigation lawyer to represent your interests. From negotiation to courtroom litigation, having a dedicated attorney ensures you have the best chance of recovering the full value of your claim.
At The Sheldrick Law Firm, we handle aviation diminished value and loss of use claims for clients in Florida, New Jersey, and New York.
Our approach includes:
Hundreds of thousands recovered in property damage via Diminished Value and/or Loss Of Use claims.
A track record of successfully settling diminished value and loss of use claims for clients.
A client-focused commitment to protecting your investment and rights.
Filing an aircraft diminished value (DV) or loss of use (LOU) claim depends on the circumstances surrounding the damage and the legal framework in your state. Understanding when you’re entitled to these claims ensures that you protect your investment and recover rightful compensation. Below, we outline scenarios when you can and cannot file such claims, backed by examples and legal precedents.
1. Damage Caused by a Third Party’s Negligence
Example: If another aircraft collides with your jet on the ground due to a pilot’s error or airport personnel mishandles your aircraft, you can file a DV and LOU claim against the responsible party or their insurance.
Legal Backing: Many states allow third-party claims for diminished value, including Florida, where courts have upheld recovery for third-party negligence. For instance:
Case Law: American Fire & Cas. Co. v. Fuqua, 387 So. 2d 284 (Fla. 1st DCA 1980) highlights the ability to claim damages resulting from negligent actions causing property damage.
2. Damage During Insured Events
Example: If your aircraft is damaged by a covered peril such as a hangar collapse, vandalism, or a storm, you may file a DV or LOU claim with your insurance.
Legal Backing: While insurance policies may cover repair costs, they often contest DV or LOU claims. Insurers in New Jersey, for instance, must adhere to strict good faith standards when evaluating property claims (Pickett v. Lloyd’s, 621 A.2d 445 (N.J. 1993)).
3. Extended Downtime from Repairs
Example: If your aircraft is grounded for an extended period due to complex repairs or supply chain delays, you may recover loss of use damages for the operational and financial inconvenience caused by the downtime. Though, this is only if there is a third party person and/or business who was negligent and caused such damages to your aircraft. In some states, they accept first party DV claims but it is rare. Even then, the state where the accident took place is where the is solid legal standing for such claims are to be upheld. It's important to note that not all states are acceptance or have case law in plaintiffs favor for Diminished Value, so be sure to do your research and know your state laws.
Legal Backing: Loss of use is recognized in Florida under Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968), where the court allowed recovery for the inability to use property regardless of operational status.
4. Business or Commercial Losses
Example: A commercial aircraft owner can claim for charter revenue loss or additional costs incurred to rent a substitute aircraft during downtime.
Legal Backing: Courts often allow recovery for business losses if documentation such as usage logs and financial records can substantiate claims.
1. Lack of Insurance Coverage
If the insurance policy does not include coverage for diminished value or excludes specific types of damage (e.g., gradual wear and tear, corrosion, or non-accidental damage), the claim may be denied.
2. Exclusion of Diminished Value in Policy Terms
Some insurance policies explicitly exclude diminished value claims, meaning the policy only covers the cost of repairs and not the loss in market value resulting from the damage.
3. No Identifiable At-Fault Party
If the damage occurred without an at-fault party (e.g., natural disasters or unknown causes), there may be no basis for pursuing a claim against another individual or entity.
4. Failure to Document the Damage
If the aircraft owner does not provide sufficient evidence of the damage, such as repair records, photos, appraisals, or a detailed inspection report, it can weaken or prevent the claim.
5. Statute of Limitations
Diminished value claims are subject to time limits set by state laws. If too much time has passed since the incident, the claim may no longer be valid. Be sure to check with the local state laws.
These reasons highlight the importance of thoroughly reviewing insurance policies, promptly documenting damage, and understanding legal deadlines when pursuing a diminished value claim.
Evidence is Critical: To support your claim, gather appraisals, repair invoices, and financial logs showing market loss or operational downtime.
Understand State Laws: Recovery options for DV and LOU vary by state, so working with a qualified attorney familiar with local statutes is essential.
Insurer Challenges: Many insurers dispute these claims, requiring strong legal representation to negotiate or litigate.
At The Sheldrick Law Firm, we look forward to helping aircraft owners recover compensation for diminished value and loss of use claims. With knowledge in Florida and New Jersey laws, we’re here to ensure you maximize your recovery. Contact us today for a free consultation.
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Understanding when you can file a diminished value (DV)Â or loss of use (LOU)Â claim often starts with identifying the type of accident that caused the damage. Here are three common scenarios where such claims are applicable, along with examples and guidance on filing.
Ground collisions are among the most common causes of aircraft damage. These accidents occur while the aircraft is parked, taxiing, or being towed.
Another aircraft’s wingtip strikes your private jet during taxiing.
A fuel truck collides with your helicopter while it’s parked.
Damage caused by improper maneuvering of ground vehicles near your plane.
Ground collisions often involve third-party negligence, making you eligible to file a claim against the responsible party or their insurance. In Florida, you can recover for both DV and LOU, as courts recognize claims for permanent market value loss and downtime. Ensure you document the incident thoroughly with photos, repair estimates, and evidence of downtime.
Damage sustained while your aircraft is stored or undergoing maintenance is another common reason for claims.
A hangar collapses during a storm, damaging the fuselage and wings.
Maintenance personnel mishandle your aircraft, damaging its landing gear.
If a third party (e.g., maintenance staff or hangar operators) caused the damage, you may be entitled to compensation for DV and LOU. Florida law supports recovery for these claims under negligence principles. If your aircraft was grounded for weeks due to the accident, you can also claim for the operational losses incurred during the downtime.
Runway incursions involve unauthorized entry onto a runway, often leading to collisions or near-misses.
A service vehicle crosses the runway during your aircraft’s takeoff, causing a collision.
Another aircraft improperly enters the runway, striking your parked plane.
Third-party negligence is a common factor in runway incursions, making you eligible for both DV and LOU claims. Case law in New Jersey, such as Pickett v. Lloyd’s, highlights the importance of documenting negligence and financial loss. Claims often involve presenting repair estimates, appraisals, and operational impact reports.
DAMAGED PRIVATE JET?
Call (561) 440-7775 and ask if you have a Diminished Value Claim.
Aircraft diminished value refers to the permanent loss in your aircraft’s market value after it has been damaged, even if repairs restore it to full functionality. Buyers often view damaged aircraft as less desirable, which can lower resale value. Calculating diminished value requires an experienced aircraft diminished value attorney and a professional appraisal to ensure accurate compensation.
Loss of use compensates aircraft owners for the financial burden of being unable to operate or access their aircraft during repairs. This includes lost revenue for commercial aircraft and personal losses such as the inability to showcase or enjoy your plane. A skilled airplane loss of use lawyer can help ensure fair compensation for these damages.
Filing a claim involves several steps:
Assess the damage to your aircraft and calculate its diminished value with a professional appraiser.
Document all repair costs, usage logs, and loss of revenue or alternative expenses.
File a formal claim with your insurance provider. For disputed claims, work with an aviation property damage lawyer to strengthen your case.
Yes. Under Florida law, loss of use damages are recoverable even if your aircraft was not actively flying. In Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968), the court affirmed that damages apply to any deprivation of property use, whether operational or recreational. This means you are entitled to compensation for being unable to access or enjoy your plane during repairs.
The timeline for resolving a claim depends on factors such as the complexity of the damage, the responsiveness of the insurance company, and whether disputes arise. Working with an experienced aviation litigation lawyer can help expedite the process and ensure all aspects of your claim are addressed thoroughly.
Filing a diminished value or loss of use claim involves navigating complex laws and dealing with insurers who often undervalue claims. An experienced aircraft damage compensation attorney ensures:
Accurate calculation of losses.
Proper documentation to support your claim.
Aggressive negotiation in-hope to recover the full amount you’re owed.
The amount depends on the duration of downtime, the operational or personal value of the aircraft, and any additional expenses, such as renting a replacement aircraft. A professional appraisal and legal representation are key to determining the maximum compensation possible for your loss of use.
Any aircraft that sustains damage and incurs financial losses due to diminished value or loss of use is eligible for a claim. This includes both personal and commercial aircraft. Commonly owned and operated aircraft types that owners seek DV and/or LOU claims for:
Cessna Aircraft:
Cessna 172 Skyhawk
Cessna Citation (e.g., Citation CJ3+, Citation Latitude)
Piper Aircraft:
Piper PA-28 Cherokee
Piper M600/SLS
Beechcraft:
Beechcraft Bonanza G36
Beechcraft King Air (e.g., King Air 260, King Air 360)
Cirrus Aircraft:
Cirrus SR22 and SR20
Cirrus Vision Jet SF50
Gulfstream Jets:
Gulfstream G280
Gulfstream G650/G700
Bombardier Business Jets:
Bombardier Challenger 350
Bombardier Global 7500
Boeing Aircraft:
Boeing 737 (private or commercial configurations)
Boeing Business Jets (BBJ)
Airbus Jets:
Airbus A320
Airbus ACJ (Airbus Corporate Jet)
Helicopters:
Robinson R44 and R66
Bell 407 and Bell 429
Airbus H125 (formerly Eurocopter)
Other Light Aircraft and Corporate Jets:
Embraer Phenom 300, Praetor 600, and Daher TBM 940
No matter what type of aircraft you own—whether it’s a light piston plane, a business jet, or a helicopter—you may be entitled to compensation for diminished value and loss of use if it sustains damage.
When you work with The Sheldrick Law Firm, we start with a detailed evaluation of your situation. This includes:
Analyzing the extent of the damage to your aircraft.
Calculating diminished value with input from professional aviation appraisers.
Assessing your loss of use claim, including personal and business impacts such as lost revenue or alternative costs like renting a replacement aircraft.
The claims process for diminished value and loss of use can be intricate, requiring meticulous attention to detail and a thorough understanding of aviation law and insurance policies. At The Sheldrick Law Firm, we navigate these complexities to make the process as seamless as possible for our clients. Here’s how we handle your case:
Comprehensive Evidence Collection: We gather critical documentation such as repair invoices, appraisals, flight logs, and market data to substantiate your claims. This includes securing expert opinions to validate your aircraft’s diminished value and calculating loss of use, from downtime costs to personal and operational impacts.
Demand Letter Preparation: Our team crafts detailed demand letters that clearly outline your damages, citing legal precedents like Meakin v. Dreier to strengthen your case. These letters include itemized calculations for diminished value and loss of use, ensuring insurers understand the full scope of your claim.
Negotiation with Insurers: Insurance companies often undervalue or delay claims. We counter these tactics with assertive negotiation strategies, including written discovery to expose gaps in the insurer’s evaluation. We also challenge low appraisals and policy limit arguments, ensuring your losses are accurately reflected.
Litigation When Necessary: If a fair settlement isn’t reached, we are prepared to take your case to court. From filing a well-crafted complaint to engaging expert witnesses and presenting evidence, we build a strong case to secure the compensation you deserve.
Navigating Common Challenges: We resolve issues like disputes over appraisals, misinterpretations of policy terms, and burden of proof complications, ensuring that your case progresses efficiently and effectively.
When you work with The Sheldrick Law Firm, you can trust that every detail of your case is addressed. Our goal is to maximize your recovery and protect your rights as an aircraft owner. Contact us today to schedule a consultation and let us help you secure the compensation you deserve. Your aircraft matters—and so does your recovery.
CALL (561) 440-7775