Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Georgia law, a diminished value claim seeks the difference between a vehicle’s market value immediately before damage and its value after repairs. To succeed, you must present clear, convincing evidence of that loss. Key evidence includes:
- Pre-accident vehicle valuation: Obtain official documentation of your car’s market value before the accident, such as a dealer appraisal, NADA Kelley Blue Book or Black Book report.
- Post-repair appraisal: Hire an independent, certified auto appraiser to assess your vehicle’s value after repairs. Ensure the report details condition, make, model, mileage and any frame damage.
- Repair invoices and estimates: Collect all repair shop invoices showing parts, labor and any non-OEM parts used. Detailed invoices support higher diminished value.
- Before and after photographs: Provide clear, date-stamped photos of damage before repair and the final condition to show impact severity and repair quality.
- Vehicle history report: Include Carfax or AutoCheck reports to demonstrate the accident’s entry on your vehicle’s history and its potential market impact.
- Comparable sale data: Present listings or sale prices of similar vehicles in your region—both accident-free and with accident history—to establish market value differences.
- Expert testimony or affidavit: An auto industry expert or mechanic can testify on how the accident and repairs affect resale value.
- Policy and statutory citations: Reference your insurer’s obligations under Georgia’s Unfair Claims Settlement Practices Act (O.C.G.A. § 33-6-35) and the two-year statute of limitations for property damage claims (O.C.G.A. § 9-3-33).
Compile these documents into a clear packet. Submit it promptly to the at-fault insurer and be prepared to negotiate or pursue small claims court or superior court if you face unfair denials.
Helpful Hints
- Gather evidence immediately after repairs. Fresh documentation is more persuasive.
- Use a licensed, independent appraiser—not your regular mechanic—to avoid bias concerns.
- Compare at least three similar vehicles for accurate market data.
- Keep organized records of all communications with insurers, including dates, names and summaries.
- Review your insurance policy’s appraisal or dispute resolution clauses in case direct negotiations stall.
- Consult an attorney if the insurer undervalues your claim or denies responsibility.