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Originally Posted by SFCM3
Diminished value claims vary state to state. some states do not recognize diminished value, so insurance companies will ignore any claim. Most of the time you have to lawyer up unless your state has very clear laws stating that insurance company are liable.
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Every state with the possible exception of Michigan recognizes third-party diminished value claims which means you were not at-fault. Only one or two states recognize first-party diminished value which is when an accident is your fault.
To the OP, your car will lose about 15% of its pre-accident fair market value (not retail value) so proceed accordingly. Yes, insurance companies fight hard to low-ball settlement payouts but with a little back-and-forth with supervisors, etc. you'll do fine. We advise claimants every day how to proceed and get very little negative feedback. Just bear in mind that the first claims rep you speak with has just one job which is to delay, deflect, misinform, make ridiculously low offers and generally get you to go away. You need two things - a good diminished value report- one that contains multiple dealer quotes, not some formula, algorithm or Carfax ad comparisons AND persistence. If you fight, leave the claim open, perhaps get the state insurance department involved if any unfair claim practices occur and keep escalating your claim to higher-ups it will result in a fair settlement for you.