GEICO diminished value claims in North Dakota

How GEICO approaches these claims

GEICO publishes no public statement of its diminished value policy. There is no diminished value page on geico.com, and the claims pages make no reference to DV at all. What follows is therefore characterised from state law plus third-party sources, not from a GEICO admission. Third-party DV (the not-at-fault claimant scenario): GEICO does pay third-party DV in states where the measure of tort property damage recognises residual loss in market value, which is most states. In practice GEICO is a formula-first carrier: the opening evaluation is typically a '17c'-style calculation rather than a market-based appraisal, and moving off that number normally requires the claimant to produce independent evidence. It is not accurate to say GEICO categorically refuses DV, and it is also not accurate to say it pays fair negotiated DV as a matter of course, outcomes swing heavily on the state, the vehicle, and whether the claimant submits a credible appraisal. Hence 'varies-by-state'. The 17c formula itself: named for Exhibit 17c in the Georgia litigation described below. It caps DV at 10% of pre-accident value, then multiplies by a damage modifier (roughly 0.25 for minor to 1.00 for severe) and a mileage modifier that drives the result toward zero on higher-mileage vehicles. It is an insurer-side settlement construct, not a recognised appraisal standard, and it is not a legal cap on tort damages in any state. Commercial DV appraisers describe it as 'unfair and inaccurate' and criticise the '10% cap' specifically (Diminished Value of Georgia, a commercial appraisal firm, so treat as an interested source). Georgia is the key exception and the most claimant-favourable jurisdiction. State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498 (2001) held that a standard auto policy's promise to pay for 'loss' obligates the insurer to assess and pay diminution in value in addition to repair cost, and the Georgia Insurance Commissioner issued an implementing directive. Two things must be stated precisely for a consumer product: (a) Mabry was litigated against State Farm and is a FIRST-PARTY case. It governs what an insurer owes its own insured under its own policy; (b) its rule is not limited to State Farm, it sets the first-party DV baseline for all carriers writing in Georgia, GEICO included, meaning a GEICO insured making a first-party Georgia DV claim should be assessed for DV without having to ask. Mabry is NOT the source of third-party DV rights, a not-at-fault claimant against GEICO as the at-fault driver's carrier recovers DV under ordinary Georgia tort measure-of-damages law, not under Mabry. Do not cite Mabry as the authority in a third-party demand letter; it invites a correct rebuttal that the case is inapposite. Outside Georgia: a minority of states restrict or reject DV recovery, and first-party DV is commonly unavailable by policy language even where third-party DV is recoverable in tort. Whether GEICO's own policy forms exclude first-party DV outside Georgia was NOT verified for this record. Do not assert it. The controlling question in every case is the claimant's state's measure-of-damages rule, which should be checked per-jurisdiction rather than inferred from carrier behaviour.

Why North Dakota is different

Unsettled but very unlikely. There are no North Dakota decisions allowing DV under an insured's own physical-damage coverage, and standard policies limit the carrier to repair cost or actual cash value. Given the Sullivan holding on the tort side, a first-party DV theory faces long odds. Treat as effectively unavailable.