Diminished value claims in Georgia
Georgia law recognizes diminished value as a possible property loss. Whether an insurer owes payment depends on the claim, policy and evidence. The 17c formula is not a statewide required formula; confirm any lawsuit deadline with a Georgia attorney.
Two ways to claim
- Against the at-fault driver. You can ask the driver's liability insurer to consider a supported loss remaining after repair. Liability, valuation evidence and available coverage affect the result.
- Under your own policy. In State Farm v. Mabry (2001), the Georgia Supreme Court held that State Farm’s policy covered diminished value and required it to assess that loss along with physical damage. How the ruling applies to another insurer depends on the policy and claim facts.
How insurers calculate it
Some insurers use the 17c formula. The Georgia Supreme Court’s Mabry opinion did not establish 17c as a statewide legal measure. Ask how the insurer selected its method and review the result against evidence specific to your car.
Georgia numbers to know
| Filing deadline | Depends on the claim, policy and crash date; ask a Georgia attorney promptly. |
| Magistrate (small claims) court limit | $15,000 |
Cases and official resources
State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 2001), opinion reproduced by Justia; Tiller v. State Farm (11th Cir. 2013), unpublished, non-precedential court opinion describing State Farm’s 17c calculation; Georgia Courts’ Magistrate Court overview; and Georgia insurance commissioner’s claim tips. This page is general information, not a legal opinion about your claim.
Common questions
Can I claim diminished value in Georgia?
Georgia recognizes diminished value as a possible loss. A third-party claim depends on liability and proof. A claim under your own policy depends on its terms and the facts.
Can I claim diminished value from my own insurer in Georgia?
Possibly. In State Farm v. Mabry (2001), the Georgia Supreme Court addressed State Farm’s policy and required it to assess potential diminished value. Other policies and claims need their own review.
What is the 17c formula?
A calculation that, as described in court records, starts at 10% of a vehicle value and applies damage and mileage modifiers. Versions and inputs may differ. The Georgia Supreme Court did not prescribe it for all insurers.
How long do I have to file in Georgia?
Deadlines depend on the claim, policy and crash date. A lawsuit deadline may differ from an insurer notice or claim-submission deadline. Ask a Georgia attorney promptly about your situation.
What is the small claims limit in Georgia?
Magistrate Court hears claims up to $15,000.
This page is general information, not legal advice about your situation. PriorWorth is not a law firm or a public adjuster and is not affiliated with any insurance company.