Diminished value is recoverable in third-party cases and through your own uninsured motorist coverage. Minimum liability coverage is required and the statute of limitations to file a claim is 3 years from the date of the accident. Title 56-Chapter 9.
Newman v. Brown, 228 S.C. 472, 477, 90 S.E.2d 649, 652 (1955)
The cost of repair plus the remaining diminution in value of the property will be the proper measure of damages.
If your vehicle is repaired, you’re legally entitled to the cost of repairs, loss of use, AND diminished value compensation for any reduction in market value.
If the insurance company does not pay after numerous steps being taken, prior to filing a small claim, there is a step called South Carolina Property Damage Arbitration which takes place in the Court of Common Pleas. To file: $10 and it is a form of legal action one can take to settle a dispute with the at-fault insurance company.
To file for arbitration, a claim and property damage form must be submitted in the Court of Common Pleas in the county where the driver resides within South Carolina. A licensed DVAC appraisal contains all materials needed to submit the claim.