If you plan to litigate, first contact the responsible party directly by registered mail, asking if they wish to pay the entire diminished value amount plus your appraisal fee and filing costs. This is a requirement in many jurisdictions before filing suit.
This scenario supposes that their insurance company has treated you unfairly by denying or lowballing your diminished value claim. Looking at it from both sides, if your proof of diminished value consisted of an appraisal done using a formula, algorithm, online ad comparisons or book value condition differences, the insurer has sufficient grounds to make such a denial. However, if your DV appraisal was prepared utilizing real-world research, such as the appraiser’s conversations with several sales managers at new car dealerships to confirm their opinion, you are standing on firm ground before a magistrate.
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