jstump2490 gave the exact instructions to get the best diminished value claim. However, you sometimes may have to fight for it. When my 350 was rear ended 3K+ damage) earlier this year, the driver at fault had the same insurer, USAA. Because of this I was able to get a DV pay out much easier but!!!!! it was not much. I did not have the car appraised by a dealer because frankly it would take time and that is more valuable to me. I don't know how much more I could have gotten but I do not believe much as the damage was not severe. Insurance companies are going to fight tooth and nail for a pay out.
Every state has different laws. Do a search of your state and diminished value and will find what you need to do to prove it. Some states don't even recognize diminished value. :frusty: In FL the state Supreme Court does recognize diminished value claims but it is up to the car owner to file the claim with the insurance company, can't get diminished value from your Ins Co, and provide supporting documents. After that it is a negotiating process and may require a lawyer. My car is still under repair and until I get it back I can't start my claim.
I sued the texting floppy haired teenager and his parents. The insurance company will jump right in and take it from there because they don't want their client to have to go through a lawsuit. I also went through small claims court which had a limit on how much I could ask for, but I wanted right around what the limit was anyway so I maxed out the claim and went for it. I only had a Focus ST at the time so $3000 DV was a good number for me, you may need to go to real court though if you want more, but small claims court is designed for the little guy so you may do better there than in real court where you may need a lawyer.
