This happened last year in 2023.
The other party hit me and 100% their fault.
I reached out to their insurance State Farm and they paid for my repair which is $18k.
My car is 2018 Subaru bought it new 32K.
I asked diminished value but State Farm said it’s old car so they don’t pay diminished value.
I bought a DV report from appraiser and sent to State Farm email and asked to compensate me otherwise I will sue their client to small claim court, no reply. I called and they insisted not paying
What should I do?
If I go to small claim court and lost what would be my loss? Court fee? The other party’s attorney fee?
State Farm refused to pay me diminished value
byu/crazykarma888 inInsurance
Posted by crazykarma888
15 Comments
No one pays out diminished value on 6 year old cars…
You aren’t getting DV on a car that old other than possibly in Georgia
Awarding costs is rare, generally as a punitive measure for obviously frivolous or otherwise harassing suits. Some statutes award it on specific causes of action (like anti SLAPP laws for instance.) Generally though in the USA you only ever pay your own court costs.
As for getting diminished value, you should see if your state awards it as damage in court before you go buckwild.
Which State?
You are kidding right. In dog years your car is ancient. You are not going to see a cent for DV from any carrier.
Do you even understand the DV formula. You may get a couple hundred bucks. Your suit will cost more in wasted time and money
You were misinformed or had incorrect assumptions regarding when DV is paid.
Is this the [second ](https://www.reddit.com/r/Insurance/s/MCDGIrT4Do) accident you had in this car?
[removed]
I had a similar claim on a 2018 car in late 2022, it was also very low mileage. It was a rear collision and about 10k in damage. It was Farm Bureau of Tennessee. They were ridiculously hard to deal with, worse than even Geico or The General.
It took me months to get it in front of someone higher than the original adjuster, but finally settled for 6k in DV.
If I had it to do over again I would have used a company that negotiates for you instead of one who just provides a report. The report was helpful, but the smartass adjuster had me to the point of wanting to throw hands multiple times. His MO was lie, get caught in the lie, ghost for weeks, lie, get caught, over and over again.
You have a 6 year old vehicle with a prior loss history.
Its value has already diminished.
It is very hard to get that paid out. hires attorneys and went after insurance over a Porsche I got hit in the front and rear by 2 people who both had the same insurance. You can occasionally win but it’s costly and most the time you aren’t getting what it cost to prove damages
I’m honestly just surprised they spent $18K fixing a 6+ year old Subaru, allegedly worth $25k
No DV with another accident and rare to get DV outside of Georgia. This is a waste of time at every imaginable level.
You already lost DV with the first accident the vehicle was in, it doesn’t matter if it was minor or not. It’s on the record so no you’re not going to get DV with this “major” accident since it was the second one with this vehicle. I’ve also bought two Subaru’s with accidents on record, one with one minor accident and the second with 2 minor accidents and 1 major accident. Still within market value for the vehicles year and mileage. It literally does not matter unless the damage wasn’t repaired or an airbag went off. Move on, let it go, not worth the energy to fight insurance over because if you serve their insured, they represent them.