by Guest » Tue Apr 02, 2013 12:07 am
Hello,
I was involved in an accident in KS. MY insurance is from Missouri, the party that rear-ended me is from Oklahoma. My ? is what state does the diminished value claim go?State Farm is the party that rear-ended me's insurance company. The are using the infamous rule 17c to settle my DV claim. My car's damage was 9600, it is a 2011 Charger. Before accident Value is 21,000 (according to SF, as they sent the estimation they used to come up with $1,000 DV. I had my car appraised by CarMax @ $12,000.The DV value is Approx. $7,000.
Robert
I was involved in an accident in KS. MY insurance is from Missouri, the party that rear-ended me is from Oklahoma. My ? is what state does the diminished value claim go?State Farm is the party that rear-ended me's insurance company. The are using the infamous rule 17c to settle my DV claim. My car's damage was 9600, it is a 2011 Charger. Before accident Value is 21,000 (according to SF, as they sent the estimation they used to come up with $1,000 DV. I had my car appraised by CarMax @ $12,000.The DV value is Approx. $7,000.
Robert
Posted: Tue Apr 02, 2013 04:01 am Post Subject:
is what state does the diminished value claim go?
Where the accident occurred.
Posted: Tue Apr 02, 2013 04:54 pm Post Subject:
If you are going to court over this, you can file your case in your home state, but the matter will be decided by the law of the state where the collision occurred.
Suing an out-of-state party is complex, and generally cannot be done in small claims court without having to jump through a lot of hoops.
What is the "infamous Rule 17c" to which you are referring? That was something that was tried in Georgia and its use has been outlawed.
Posted: Fri May 10, 2013 02:47 am Post Subject: Rule 17c
Yes the same from Georgia, State Farm sent me a copy of the estimate. I was told DV was in state of the at-fault parties insurance. I contacted Oklahoma's Insurance Commission and asked them to look into the claim. Appreciate the advice.
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