Can you sue a third party for diminished value in Florida?
It is universally acknowledged, in every state, that Diminished Value is owed by the liable (at-fault) party that caused the Diminished Value damage. If the liability insurance carrier for the at-fault party owes for repairing your damaged vehicle, they owe for the Diminished Value as well - It's just that simple !While it has been universally accepted that Diminished Value is owed to not-at-fault victims (3rd party claimants), courts are generally taking the position that insurance companies do Not owe Diminished Value damages to their own insureds under their policy's Collision or Comprehensive coverages. However, there are three states where insurance companies Do owe Diminished Value to their own policyholders - Georgia, Kansas and North Carolina.Answer:Yes. You need to file suit in the county in which they are registered, check with the secretary of state. Take them to small claims court and have an independent appraiser testify as an expert witness.