If the law in FL permits you can prove the diminished value by the use of an expert. However, a cost/benefit analysis needs to be performed to see if it is worth it. If not, make a counter demand and see if you can settle.
Keep negotiating and see what happens. You will have to make the decision at some point as to whether it's cost effective to hire an attorney.
A car accident lawyer with a diminished value expert. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.
Diminshed value is fact specific, and the repairs may not support this claim in your particular case. If you have a mechanic or appraiser who has supported your claim it sounds like you are a step ahead and can file in small claims court to recover. Good luck
You should seek a free legal consultation from an experienced personal injury attorney using the "Find a Lawyer" tool bar. If you were injured in this accident he or she can help with that too.
Florida law does recognize claims for inherent diminution in value after your vehicle has been in an accident. Florida law only recognizes this type of claim against the at-fault party's insurance company, i.e., there are not first party claims in Florida wherein you can assert a DV claim against your own insurance company as you can in Georgia. It is important you hire an experienced appraiser and if possible, have the appraiser physically inspect your vehicle. Computer based valuations will not be admissible in court. The insurance company is not realizing that it is not a matter of your vehicle being repaired in the best possible way, DV claims are premised upon the idea that there is inherent diminished value to your vehicle because of the stigma that it has been involved in an accident. You should consider searching for an experienced diminished value attorney who is familiar with these types of claims. Best of luck.
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