VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
[Your Information]
[insurance company]
At Fault Driver, your insured: {name}
Date of Loss: {date}
Claim #: {claim#}
Dear {adjuster first name}
In reference to the claim number above, and due to your insured’s gross negligence and recklessness that caused physical damage to my vehicle, lease accept this letter and the attached documentation as my diminished value payout request and rejection of your offer of $____
In 2001, the Supreme Court of Georgia held that insurance companies are required to pay diminished value claims. (See State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga.498, 556 S.E.2d 114 (Ga. 2001)) Diminished value claims are based on the reality that vehicles are worth far less after they are damaged in collisions – EVEN AFTER repairs are made by body shops. Most prospective buyers, whether they are dealerships or individuals, will not buy a wrecked and repaired vehicle. If they were to even consider purchasing it, they will want a substantial discount. This is a simple concept that EVERY judge and juror will understand.
In addition, attached is the Georgia insurance commissioner’s directive on diminished value, as you can see, the formula you are using is not endorsed by the commissioner as it is erroneous and inaccurate. I have also attached an article describing why this formula is fundamentally wrong and flawed.
Enclosed, please find a Diminished Value Appraisal. It is self explanatory. The report documents that my I sustained a diminished value loss of $______
Pursuant to O.C.G.A. Section 33-4-7, this demand is being made for you to pay me the full amount of my diminished value claim in the amount of $_________. If this amount is not paid within 60 days, then a lawsuit will be filed, and we shall seek the following in damages:
- the full amount of my diminished value claim;
- $5,000.00 or 50% of my diminished value claim, whichever is greater;
- Reasonable Attorney’s Fees for the prosecution of this claim;
- And if it appears that there is a pattern of bad faith in the handling of these diminished value claims on your part, other causes of action may be asserted.
If the demand amount is not paid within 60 days of the mailing of this letter, then a lawsuit will be filed addressing ONLY the issue of diminished value, and the below discovery will be served at that time.
- Complaint
- Interrogatories to Defendant
- Request for Production of Documents to Defendant
- Request for Admissions of Facts to Defendant
- Plaintiff’s First Continuing Interrogatories to Unnamed Defendant
- Request for Production of Documents to Unnamed Defendant
- Request for Admissions of Facts to Unnamed Defendant
In addition, this letter is to put you on notice that NONE of the documents, materials, emails, faxes, photographs, computer entries or logs, or any other item of any nature whatsoever relevant to this incident are altered, changed, destroyed, or disappear. It is our hope that you will comply, as you are aware of the civil and criminal penalties that can be assessed/imposed for the spoliation of evidence. In addition, pursuant to title 51 of the Georgia code, please remit $__ as a reimbursement of my appraisal cost as it’s an indirect loss and a tort caused by your insured’s negligence.
I look forward to your tender of the demand amount, or in the alternative, taking your deposition for trial as well as submitting an official complaint to the Governor’s Office for consumer affairs for unfair trade practices as well as the Georgia insurance commissioner. The forms that I will be using for those complaints are attached.
Very Truly Yours,
Claimant
Signature
