QuestionHello, you state, “We specialize in claims for loss of resale value (Diminished Value)." You should be the right expert to answer my question. I live in Georgia and got an auto accident recently. My one and half year van rear bumper needs to be replaced. I want to file a Georgia Diminished Value Claim with my own insurance as the Georgia law provides for the recovery of it. But, my insurance said it is not structure damage. Can you tell me whether only structural damage is eligible for the diminished value claim or not? If no, how shall I respond to my insurance? Please advise. Thanks.
AnswerIt all depends on what the composition of your bumper is. That is, if it is a bolted on item that is not refinished with an aftermarket paint system, then the van has been restored to its pre-loss condition. If it was, on the other hand, a flexible plastic part as most are, then the van was not restored to its pre-loss condition and there is a small loss of value associated with the damage.
I am not sure of the statute in Georgia with respect to limiting its application to vehicles that sustained structural or frame damage, but that doesn't make too much sense. A sidewipe the length of your vehicle could cause all body panels to require replacement, but may not do any structural damage. There would be diminished value, however.
I would ask the insurance company to cite the structural damage limitation in Georgia. Make the request in writing and demand a written response.
