Diminished value claim in Georgia
Here is what Georgia courts have said about claims against the at-fault driver, claims under your own policy, and the 17c formula.
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"Third party" here means a claim against the at-fault driver's liability insurer. "First party" means a claim under your own collision cover.
Claim against the at-fault driver's insurer
Georgia allows a third-party diminished value claim. In Perma Ad Ideas of America v. Mayville, 158 Ga. App. 707 (1981), the Court of Appeals said the measure of damages is "the difference between the value of the vehicle before and after the collision", and that where the owner has had the vehicle repaired, the loss can be shown by "the reasonable value of labor and material used for the repairs, and the value of any depreciation (permanent impairment) after the vehicle was repaired, provided the aggregate of these amounts does not exceed the value of the vehicle before the injury."
Read any check before you cash it. In the same case, cashing a "Full and Final" check for repairs created an accord and satisfaction. Read what a payment says before you deposit it.
Claim under your own policy
Georgia courts read standard auto physical-damage cover to include diminished value (State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498 (2001)); check your policy wording. The Supreme Court of Georgia said State Farm's policies obligate it to compensate policyholders for loss of value "if the repairs do not return the vehicle to its pre-loss value".
Is the 17c formula the law in Georgia?
No. No Georgia statute or court opinion sets a DV formula. "17c" is an insurer method, not law. In Mabry the court let the insurer choose its own method: "Permitting State Farm to develop its own methodology rather than imposing one is the least oppressive means of accomplishing that necessary task."
Evidence to gather
The evidence an insurer will expect is the same in every state: see the evidence checklist in the main guide, and use the free worksheet to record comparable listings and offers.
Related guides
- Diminished value claim after repair (main guide, with the evidence checklist)
- Diminished value claim in Texas
- Diminished value claim in Florida
- Diminished value claim in California
- Free diminished value worksheet
Frequently asked questions
Can I claim diminished value from the at-fault driver's insurer in Georgia?
Yes. Georgia courts allow it: Perma Ad Ideas of America v. Mayville (1981) measures the loss as the difference in value before and after, or the repair cost plus any permanent loss of value after repair, capped at the vehicle's pre-accident value.
Does my own Georgia auto policy cover diminished value?
Georgia courts read standard auto physical-damage cover to include diminished value (State Farm v. Mabry, 2001). Check your own policy wording.
Is 17c the law in Georgia?
No. No Georgia statute or court opinion sets a DV formula. '17c' is an insurer method, not law.