We were rearended by a gentleman who was reaching for his cell phone...the self-insured company is only offering to pay to fix the truck.
We are arguing with the insurance company that we are due the depreciation on the vehicle. KBB at Good vs Fair value is $1500 difference but the insurance company said they will only pay the repairs. Is this right? do we have a viable argument?
Personal Injury Lawyer
No. They are only required to pay to repair the vehicle.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Car / Auto Accident Lawyer
In Georgia, the defendant is responsible for diminished value. This us supported by a Georgia Supreme Court Case.
There are ways to set up the defendant/insurer for bad faith if they refuse to pay diminished value.
The defendant/insurer may say they calculate the diminished value by using a formula approved by the insurance commissioner's office. This is false. The insurance commissioner has never approved such a formula.
Have a proper diminished value appraisal performed, send this to the defendant/insurer with a demand for payment. If done properly, they can be set up for bad faith penalties and attorney fees.
Furthermore, the use of the cell phone may lead to a charge for punitive damages.
You are entitled to the decreased value of your vehicle. Most insurance companies like to use a formula that was mentioned in a famous case but has never been endorsed bt the Georgia Insurance Commissioner. That formula does not pay compensation if the vehicle has over 100,000 miles. You do have options and you probably should talk with an accident attorney for more information.
Mr. Morris and Mr. Taylor are correct. I suggest you go to a vehicle "diminished value" calculator site on the web. A diminished value estimate will likely cost you $15-$20.00 or so.