DOCKET CLASSIFICATION: MOTOR VEHICLE TORT INDEMNIFICATION (RESTATEMENT § 928)
APPLICABLE JURISDICTIONS: 47 U.S. STATES & CANADIAN PROVINCES
RETROACTIVE STATUTORY FILING WINDOW: 2 TO 6 YEARS FROM DATE OF LOSS
[ PUBLIC TORT NOTICE // POST-REPAIR STIGMA LOSS ]

The body shop repaired the sheet metal. They did not repair the $3,800 scar on your Carfax report.

When another driver hits your vehicle, paying the collision repair invoice only satisfies half of the insurer's legal liability. The moment "Accident Reported" is logged on national vehicle history databases, wholesale dealer algorithms immediately discount your car's value by 12% to 18%. Under state tort law, the at-fault carrier owes you a separate settlement draft for that depreciation—provided you formally reject their internal "17c Formula."

METRIC I // ELIGIBILITY
2 to 6 Yrs
Retroactive state filing window after repairs are completed
METRIC II // EMPIRICAL GAP
+$3,240
Mean variance between 17c offer & Exhibit A market demand
METRIC III // COST SAVED
$29 vs $495
Replaces upfront independent appraisal agency fees
RECENT DISPUTE LEDGER // 17c WORKSHEET VS. EXHIBIT A DEMAND [ VERIFIED AUDIT SAMPLES ]
Subject Vehicle Jurisdiction Carrier Initial 17c Audited Settlement
2022 Toyota RAV4 XLE Texas (2-Yr) State Farm $447.00 $3,680.00
2023 Ford F-150 XLT Florida (2-Yr) Progressive $610.00 $4,450.00
2021 Honda CR-V EX-L California (3-Yr) GEICO $320.00 $3,190.00
WORKSHEET 17c-AUDIT // INTERACTIVE ESTIMATOR
Actuarial Variance Calculator
FORM DV-928
STATUS: ELIGIBLE (TEXAS — 2 YEARS FROM CRASH) Authority: Tex. Civ. Prac. & Rem. Code § 16.003
LINE 05 // INSURER 17c CAP FORMULA [REJECTED] Unilateral 10% Cap × Damage × Mileage Penalty
$630
LINE 06 // EMPIRICAL MARKET LOSS [EXHIBIT A] Mileage-Normalized Comps + Trade-In Stigma
$3,980
0% ACV Red: Insurer 17c Offer (2.0%) Green: True Market Stigma (12.6%) 20% ACV
LINE 07 // UNCLAIMED TORT RECOVERY DELTA
+$3,350.00
Issue Complete Exhibit A & Rebuttal Dossier — $29.00 [PROCEED →]
Instant Delivery: Standalone Browser Workbench + 5-Tab Excel/Sheets Ledger + 4 Legal Briefs
§ 02 // FORENSIC AUDIT OF THE INSURER'S "17c" METHODOLOGY REFERENCE: MABRY V. STATE FARM (GA. SUP. CT. 2001)

How insurance adjusters turn a $3,800 market loss into a $380 check—and how your dossier dismantles it.

When you ask an at-fault insurance carrier for Diminished Value without submitting a structured forensic schedule, the adjuster runs your VIN through an internal worksheet known as the "17c Formula." Originating from a single 2001 first-party contract settlement in Georgia, the 17c worksheet applies three mathematical distortions that have zero statutory authority in third-party tort claims:

[ DISTORTION I // THE 10% CEILING ]

The Arbitrary 10% Base Cap

Before examining a single local dealership listing, the 17c worksheet multiplies your vehicle's NADA value by 0.10—arbitrarily decreeing that no vehicle on earth can lose more than 10% of its value after a collision.

DOSSIER REBUTTAL: Section 4 of Exhibit A logs direct algorithmic trade-in quotes (CarMax / KBB Instant Offer) proving 12%–18% wholesale penalties.
[ DISTORTION II // SUBJECTIVE SEVERITY ]

The 0.25 Panel Multiplier

Even if your vehicle required $7,000 in quarter-panel, bumper, and sensor replacements, adjusters classify anything short of a bent steel frame rail as "Minor/Moderate" (0.10 or 0.25), slashing the already-capped figure by 75%.

DOSSIER REBUTTAL: Retail buyers and dealership appraisal algorithms penalize the permanent Carfax accident flag itself, regardless of frame rail deformation.
[ DISTORTION III // DOUBLE DEDUCTION ]

The Double-Mileage Penalty

Your odometer mileage was already deducted when determining your vehicle's pre-accident NADA/KBB value. The 17c worksheet multiplies your loss a second time by a mileage bracket (0.20 to 0.60), reducing payouts to pennies.

DOSSIER REBUTTAL: Letter #2 formally cites why double-deducting mileage violates Restatement (Second) of Torts § 928 indemnification standards.
§ 03 // ARCHIVAL SPECIMEN INSPECTOR (EXACT BUYER DELIVERABLES) 4 SELF-EXECUTING INSTRUMENTS INCLUDED

Examine the four forensic instruments inside your dossier.

You do not receive a generic e-book. You receive a self-contained valuation workstation (in both standalone browser and Microsoft Excel / Google Sheets formats) paired with four statutory demand briefs.

SPECIMEN // EXHIBIT A FORENSIC SCHEDULE

Empirical Inherent Diminished Value Audit

RECONCILED DEMAND: $3,616.67
17c Cap Rejected: $447.00

Normalizes three Clean-Title local retail comparables against three Accident-Reported local comparables at $0.18/mile, reconciled 50/50 with direct dealer wholesale trade-in quotes:

Empirical Valuation Method Pre-Loss Baseline Post-Crash Value Verified Stigma Loss
Method A: Mileage-Normalized Local Retail Comps (3x3) $29,808.00 $26,224.67 $3,583.33
Method B: Dealer Instant Trade-In Differential (CarMax/KBB) $26,400.00 $22,750.00 $3,650.00
FINAL RECONCILED INHERENT DIMINISHED VALUE DEMAND (EXHIBIT A): $3,616.67
SPECIMEN // STATUTORY REBUTTAL BRIEF #2

Formal Legal Rejection of Unilateral "17c" Valuation

AUTO-POPULATED

"1. Absence of Contractual Privity (Mabry v. State Farm Distinction): The '17c formula' originated solely as a temporary administrative mechanism for a single first-party contract class-action settlement in Georgia (Mabry v. State Farm, 2001). Even the Georgia Office of Insurance and Safety Fire Commissioner subsequently issued an official directive clarifying that the 17c formula is neither mandatory nor endorsed for calculating diminished value. Because this claim is a third-party tort action governed by state property-damage law, your internal 10% cap carries zero legal authority.

2. Impermissible Double-Deduction of Mileage: My vehicle's odometer reading was already accounted for when establishing the pre-accident NADA/KBB valuation baseline. Multiplying the loss a second time by a 17c mileage bracket modifier constitutes an unlawful double deduction..."

SPECIMEN // EXHIBIT B TOTAL-LOSS AUDIT

CCC One / Mitchell Total-Loss Valuation Counter-Schedule

NET ACV OVERAGE OWED: +$5,975.00
Valuation Audit Line Item Insurer CCC Report Audited Market Figure Net Variance Owed
1. Base Retail Value (Local 35-Mi Comps vs Distant CCC Comps) $21,400.00 $22,650.00 +$1,250.00
2. Reversal of Unsubstantiated "Condition Adjustment" Deduction -$940.00 $0.00 +$940.00
3. Omitted OEM Factory Trim Options & Recent Maintenance Invoices $0.00 $1,770.00 +$1,770.00
4. Mandatory State Replacement Sales Tax & DMV Title Fees $0.00 $2,015.00 +$2,015.00
SPECIMEN // 50-STATE CITATION & OBJECTION MATRIX

Verbatim Adjuster Stonewall Rebuttals

ADJUSTER OBJECTION #04:
"We already paid the body shop 18 months ago. That claim file is closed."
YOUR VERBATIM COUNTER-RESPONSE:
"An insurer's internal administrative file closure has no legal bearing on the statutory limitation period. Under state law, the Statute of Limitations for third-party property damage—including post-repair Inherent Diminished Value—remains open for 2 to 6 years from the date of loss. Because I never executed a release waiving diminished value, please reopen the property damage exposure immediately."
§ 03B // COMPARATIVE RECOVERY ECONOMICS (3 FILING PATHWAYS) 100X COST-TO-RECOVERY ASYMMETRY

Why paying $495 upfront for an appraisal agency is unnecessary.

Insurance carriers rely on a simple behavioral bottleneck: most drivers will not gamble $495 out-of-pocket on an independent appraisal firm, yet unquantified emails get brushed off with the 17c worksheet. Form DV-928 eliminates that bottleneck:

Evaluation Criterion Pathway I: Unarmed Claimant Email Pathway II: Independent Appraisal Firm Pathway III: Form DV-928 Dossier (Yours)
Upfront Out-of-Pocket Cost $0.00 $395.00 – $595.00
Valuation Methodology None — adjuster defaults to unilateral 17c cap 3 Local Comps + Dealer Trade-In Quote
Mabry v. State Farm (17c) Legal Rebuttal Omitted Generic boilerplate letter
Total-Loss CCC One / Mitchell Audit Not Included Costs an extra $350+ fee
Typical Settlement Outcome $0 – $450 (17c Lowball) $2,400 – $5,200 (Minus $495 Fee)
§ 04 // DOCKET REQUISITION & INSTANT DOWNLOAD VOUCHER ONE-TIME FILING LICENSE // NO RECURRING FEES
COMPLETE MANIFEST OF INSTRUMENTS

The Anti-17c™ Forensic Claim Recovery Dossier

INSTRUMENT 01 // WEB WORKSTATION

Interactive Forensic Workbench & Exhibit PDF Printer

Runs in any browser on desktop or mobile. Auto-calculates Exhibit A & Exhibit B and formats sealed, court-ready PDF schedules.

$195 Equiv.
INSTRUMENT 02 // EXCEL & SHEETS LEDGER

5-Tab Master Actuarial Workbook (.xlsx)

Includes Executive Summary, 17c Simulator, 3x3 Mileage-Normalized Comp Engine, Trade-In Differential, and Adjuster Call Log.

$95 Equiv.
INSTRUMENT 03 // TOTAL-LOSS AUDIT

CCC Intelligent Solutions / Mitchell ACV Counter-Module

Audits unfair Condition Adjustments, omitted OEM factory options, recent tire/brake invoices, and mandatory state sales tax.

$95 Equiv.
INSTRUMENT 04 // STATUTORY BRIEFS

4 Auto-Populated Demand & Legal Rebuttal Letters

Initial Demand, Formal Rejection of 17c (Mabry v. State Farm), Total-Loss ACV Counter-Demand, and Supervisor Escalation Notice.

$110 Equiv.
REQUISITION VOUCHER // FORM DV-928 INSTANT TRANSFER

Replaces upfront $395–$595 independent appraisal fees with a self-executing empirical valuation schedule and statutory rebuttal packet.

Form DV-928 Core Forensic Dossier (Web + .XLSX + 4 Briefs) $29.00
TOTAL REQUISITION FEE $29.00
Access Complete Dossier & Workstation — $29.00 [DOWNLOAD →]
ENCRYPTED DIGITAL FULFILLMENT // COMPATIBLE WITH MAC, WINDOWS, IOS & ANDROID
§ 05 // STATUTORY & PROCEDURAL INQUIRIES GOVERNING TORT PRINCIPLES

1. Can I file a Diminished Value claim if my car was repaired 1 to 3 years ago?

Yes. In all U.S. states, the Statute of Limitations for third-party tort property damage runs from the date of the collision for 2 to 6 years (2 years in TX, FL [post-3/2023], OH, PA, AZ, IN; 3 years in CA, NY, NC, CO, WA; 4 years in GA; 5–6 years in IL, VA, MO, NJ, MN). Provided you were not at fault and did not sign a release waiving depreciation, your claim remains open today.

2. Can I file against my own insurer if I was at fault?

In 49 states, Diminished Value is a third-party tort claim filed against the at-fault driver's insurance company (or under Uninsured Motorist Property Damage where permitted), because standard first-party collision policies contractually exclude depreciation. (Exception: Georgia allows both first-party and third-party Diminished Value claims under Mabry v. State Farm.)

3. Do I need Microsoft Excel to generate Exhibit A and Exhibit B?

No. While we include the 5-tab .xlsx workbook for Microsoft Excel and Google Sheets users, your download also includes our standalone Interactive Claim Studio, which formats and prints your Exhibit A/B PDFs directly from any computer or phone.

4. What if my vehicle is financed vs. leased, or had prior salvage history?

If your vehicle is financed (auto loan) or owned outright with a clean pre-accident title, you are the registered owner with standing to collect third-party Diminished Value. Note: If your vehicle is leased, the leasing bank holds title and residual value (so lessees generally cannot claim DV unless buying out the lease or obtaining a lessor assignment), and vehicles with pre-existing salvage/rebuilt titles do not qualify.