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      09-18-2019, 05:22 PM   #6
IK6SPEED
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Drives: BMW M3 / AH3
Join Date: Jan 2013
Location: Cali

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Quote:
Originally Posted by GNALUZU View Post
Quote:
Originally Posted by IK6SPEED View Post
Quote:
Originally Posted by GNALUZU View Post
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.
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.
That isn't how it worked when I did it.

I went directly through the other persons insurance and demanded DV from them. No lawyers needed.
You stated you could not if same Insurance. You simply do not lose your right to a loss (Or to sue because you have common Insurer) because you have the same Insurance Company.

Just stating that is incorrect.
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