In which small claims court would I file a claim?

[allfiredup]

What is the name of your state (only U.S. law)? Georgia

My car was recently rear-ended by a teenager (on her cell phone, no less). My vehicle was stopped, but she hit with enough force to knock it into the SUV (also stopped) in front of it. The impact with the SUV caused the driver's side airbag to deploy. She was ticketed for multiple violations and the police report specifically states that she was at fault.

Her insurance company didn't "total" my car, to my surprise. The repair bill was almost $8k and the car is only worth $10k. My car has now been repaired and it looks good, but it will never be quite the same again. I hired a local appraiser to determine the amount that the value has been diminished. With his report and supporting data attached, I am preparing a demand letter for the amount he determined. I also want to make it clear that I am willing to pursue this amount in court if the insurer is unwilling to pay.

In Georgia, small claims cases (up to $15,000) are handled by the Magistrate Court in each specific county. The at-fault driver's insurance company has a state/regional headquarters located in one county (Gwinnett); which is also where the claims adjuster is based. But the Georgia Secretary of State lists the corporation's "Registered Agent" in nearby Cobb County.

The proper venue for this claim would be in Cobb County Magistrate Court, correct? As I understand the law, the case must be filed in the Magistrate Court in the jurisdiction where the Registered Agent is located, right?

Thanks in advance for your assistance!What is the name of your state (only U.S. law)?

 

[FlyingRon]

Chances are when you accepted the payment from her insurer you relinquished your right to further claims against their insured. Diminished value claims are rather hard to prove anyhow.

 

[racer72]

Per Georgia law, diminished value is part of the settlement for the damage to your vehicle, not a separate claim against the insurance company. If you have settled, as stated, you are out of luck.

 

[allfiredup]

Chances are when you accepted the payment from her insurer you relinquished your right to further claims against their insured. Diminished value claims are rather hard to prove anyhow.

The insurance company paid the body shop directly and I haven't signed anything. The Georgia Supreme Court actually ruled that Diminished Value claims can be legitimately pursued, even against one's own insurance company. The appraiser I hired is both a licensed P&C Adjuster in Georgia and a licensed Auctioneer, which allows him access to auto auction transaction history. The only significant source for sale prices of collision damaged vehicles is from auto auctions. That information was used to determine DV claim amount.

I have no doubt that the insurance company will pay some amount for diminished value. I am simply expecting them to try to negotiate and I have no intention of reducing my demand (it's only $2100). I just want to be prepared to stand my ground and will take this to court if necessary. My appraiser will also be my expert witness if it goes to court.

 

[racer72]

The part about the insurance company is irrelevant to your question, especially where they are located. If you sue, you will sue the person that hit you. Sue where this person lives.

 

[ecmst12]

You sue the person who hit you either where she lives or where the accident occurred.