Diminished value is recoverable by both a third-party who’s at fault and by your own policy’s underinsured motorist coverage. The statute of limitations is 4 years from the date of the accident. O.C.G.A. 33-4-6 and O.C.G.A 33-4-7
Georgia courts have found that the measure of damages in a third-party action is the difference between the value of the vehicle before and after the collision or other negligence or in cases where the owner repairs the vehicle, the measure is the reasonable value of labor and material used for the repairs and the value of any post-repair depreciation so long as this aggregate amount doesn’t exceed your automobile’s value. Perma Ad Ideas of AM., Inc. v. Mayville, 158 GA. App. 707 (1981).
In Georgia, there are two statutes, O.C.G.A. 33-4-6 and O.C.G.A 33-4-7 that put pressure on insurance companies to handle diminished value claims fairly. The purpose of these statutes is to facilitate the quick and fair adjustment of claims, including diminished value claims in Georgia.
Insurers must adjust claims fairly and promptly, make a reasonable effort to investigate and evaluate these claims and make a good faith effort to settle for a fair amount.
If the insurance company acts in bad faith or breaches these duties, they may be liable to pay in addition to the actual loss, a penalty of up to 50 percent of the total claim amount or $5,000, whichever is greater, plus all reasonable attorney fees.
To trigger these statutes, it’s recommended to make a written 60-day time limit demand by certified mail with a return receipt requested that includes the amount you’re willing to settle for.
The most well-known court case is State Farm Mutual Insurance Company v. Mabry, 556 S.E.2d 114 (Gs. 2001). The Georgia Supreme Court held that insurance companies have a duty to evaluate all first-party physical damage claims for diminished value in Georgia, just as they evaluate other elements of damage.
The key to receiving fair compensation for diminished value is by providing a certified diminished value appraisal report.