How is a damaged car's loss actually measured?
By the difference between its fair market value immediately before and immediately after the accident, with total losses paid at actual cash value: the car's market worth the moment before the collision. What you paid for the car and what you still owe on the loan are both irrelevant to the measure of damages.
What is the 17c formula insurers use for diminished value?
A formula that caps diminished value at 10 percent of the car's pre-accident retail value, then multiplies by a damage modifier (1.00 for severe structural damage down to 0.25 for minor cosmetic damage) and a mileage modifier (1.00 under 20,000 miles down to 0.00 at 100,000 miles or more). It originated in a Georgia case, favors insurers, and claimants regularly counter it with market-based appraisals.
Is diminished value recoverable everywhere?
No. Some states expressly allow recovery of post-repair loss in value, others restrict or bar it in certain contexts, and many simply measure the gross difference in value before and after without prescribing a formula. Because no nationwide rule exists, real-world settlements often land at only 10 to 20 percent of the physical damage cost absent strong evidence.
What evidence supports the claim number?
Pre-accident value, value immediately after the accident, repair invoices, and comparisons of similar cars with and without accident histories, typically documented with recognized pricing guides such as Kelley Blue Book and NADA plus vehicle history data. Courts and adjusters treat these guides as standard market evidence, so a claim supported by them is much harder to discount.