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      03-09-2016, 10:41 AM   #18
shadow191
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Drives: 2017 Volvo XC90 R-Design
Join Date: Dec 2012
Location: GA

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It's highly dependent on what state you're in and who the insurer is. In GA, it's easier because it was one of the earlier states that started allowing diminished value and I think one of the formulas used is based on a lawsuit here. Over the years, I received 2 checks from State Farm for diminished value without ever filing the claim. Basically they paid the claim and then a few weeks later, I got a check explaining diminished value and how they calculated. Another time, the other party was insured by Allstate and I had to ask, but as soon as I did, they paid the claim using a similar formula.

Having said that, a couple of years back, I was involved in an accident and Geico was the one responsible for repairs (other driver). I asked about diminished value and they basically had no idea what I was talking about. As in literally they couldn't answer any questions and didn't know the process. They punted me to the manager at their body shop and he cut me a check for "loss of use". The repairs weren't significant so I didn't really care.

For $20K, I'd definitely pursue it. Your carfax is already going to have that accident record so you're going to have a diminished value when you sell. Have you called the other party's insurance yet? They may start the process without an attorney. Typically they'll use a formula based on what was damaged - frame or cosmetic only, etc. If you don't like their number, then maybe get a DV consultant involved. But it's kind of a shady business, they're basically ambulance chasing and since there are no set rules on the claims, they may provide no value.
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