Quote:
Originally Posted by GNALUZU
Yes, I successfully went through this back in 2005 when I was hit in my '03 M3.
The at fault driver has to have different insurance than you. Meaning, if you both have State Farm then you can't get diminished value.
My process took about a year to resolve.
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Same Insurance Company means nothing.
And you sue the Individual, not the Insurance Company.
As most DV claims are less than $5k, you can usually sue the Induvidual in Small Claims court. Even without an Attorney. Doesn't matter what their Insurance limit is. If they chose, they can turn it over to their Insurance Company.
Doesn't really matter to the person suing who pays the DV claim.